Legal Eaze #5 Tree Roof Damage/ Sick Puppy

Originally Printed: September 1, 2004

Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.

Q. My neighbor has a tree with large branches overhanging my roof. In the past, some of these branches have caused damage to my roof on windy days. I have asked my neighbor to do something about his tree, but he refuses to do anything. What can I do?
A. You have the right to abate this nuisance by cutting off the offending branches. However, you cannot cut off more than necessary and you must be careful not to cause an imbalance that will eventually cause the tree to die or to fall down to the other side. Obviously, it would be to your neighbor’s advantage to cooperate in hiring a professional to deal with the tree. I would suggest that you contact an attorney to write a strong letter to your neighbor and make him aware of his liability for the damage caused to your roof and to reach a consensus as to how the offending branches should be removed. The cost of hiring a tree professional should be borne by the owner of the tree.
Q. I purchased a cute puppy from a pet store. Two weeks later, it was diagnosed with Parvo disease. I was expensive to save the puppy’s life. What should I do?
A. If a licensed veterinarian has made a written diagnosis within 15 days after the dog was purchased to the effect that the dog became ill due to any pre-existing illness or disease, you may return the dog to the store for a refund of the purchase price and reimbursement of reasonable veterinary fees for diagnosis and treatment in an amount not to exceed the original purchase price. As an alternative, you may get another dog of your choice and of equal value, plus reimbursement of the veterinary fees. If you choose to keep the dog, you can still be reimbursed for reasonable veterinary fees in an amount not to exceed 150% of the original purchase price of the dog. Lastly, if the dog dies as a result of the same illness or disease, regardless of the date of its death, obtain a refund for the purchase price, or a replacement dog of equivalent value and reimbursement for veterinary fees in an amount not to exceed the purchase price of the dog. The same goes for a dog with a congenital or hereditary condition diagnosed by a veterinarian to suffer or have died from this condition within one year of its purchase.
Forward questions to maxinedev@msn.com , drop questions at the Tehachapi News, located at 411 N. Mill St., or send them to POB 1840, Tehachapi, CA 93581

Legal Eaze #2 Caretakers/Security Deposit

Originally Printed: July 7, 2004

Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. My husband and I are grandparents to a wonderful your boy, age 5. Unfortunately my son, the boy’s father, is in prison and the boy’s mother is a drug addict, in and out of detoxification clinics. We have been the sole caretakers of our grandson for the last two years and we need make this arrangement “official”. What is the best way to proceed?
A. You need to file an Application for “Guardianship” with the Superior Court (of his person and his estate, if any). The court needs to sanction your becoming the child’s guardians in order to allow you to make vital decisions about the child’s welfare. An investigation will be ordered and conducted by a professional appointed by the court to ensure the child is in good hands. Once the investigation is finalized and a report provided to the court, and you have satisfied the court’s need to ensure the child’s safety and best interest, you will become the child’s guardians, and you will step “into the shoes” of his parents.
Q. When I rented the house I lived in for the past eight years, I gave a $500 security deposit to the landlord. I got married last month and I moved out of the house. The landlord refused to return my deposit. What should I do in order to get that money back?
A. A security deposit is a landlord’s best guarantee against risks of rent non-payment and damages to the premises. Unless you failed to pay your rent, and/or caused damage to the house, a security deposit must be refunded. The landlord is also entitled to deduct from the deposit any cleaning costs upon termination of your tenancy. Within three weeks of the tenancy termination, the landlord must do the following: 1) Provide you with a written security deposit accounting, i.e. account for all expenses deducted from the deposit, and 2) Refund the balance. If the landlord has not provided you with an accounting within three weeks of the date you moved out, he/she must return the entire security deposit. I suggest you sue the landlord for the return of your deposit in Small Claims Court, which is the least expensive way to proceed. You can add the suit cost to your damages.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581