Title: November 21, 2007
Q. I have a neighbor who leaves his three dogs alone in his house for days at a time. I don’t believe these dogs are fed or given sufficient water during the time that he is gone. The dogs are very skinny, their ribs are showing and the house smells very bad during the summer when the windows are open. I feel terrible about these animals not being taken care of properly. What can I do?
A. Lately, Kern County has seen more than its share of animal abuse cases. You can call the Animal Regulation inspector and this owner will be cited, if indeed, his animals are abused. Not feeding your animals and not providing sufficient water is a form of abuse. Obviously, the dogs are relieving themselves in the house because they have no place else to go, hence the bad smell emanating from the house. However, if the dogs have no food and water, the house should not smell so bad since they would not be relieving themselves because they would have nothing to relieve themselves of. Kern County’s Dept. of Animal Regulation, despite its officers’ over the top reaction in certain cases, is a fairly efficient organization. They respond quickly to complaints or reports of abuse. If necessary, your neighbor’s dogs will be taken away from him if the abuse continues. It will be investigated thoroughly, you can be sure of that. Thank you for your concerns about helpless animals.
Q. I live in Stallion Springs and I take the 202 to go home every night around 6:30 PM. Now that it is dark so early, I see people walking along the 202 in the dark, with dark clothes on. What if I hit someone and I did not see that person until the accident happens. What will happen?
A. When you are driving a car, you must be ready for any and all conditions on the road. You might bear some responsibility for the accident depending on the conditions at the scene of the accident. Obviously an investigation would need to be conducted by the police to ascertain whether the pedestrian was at fault. A pedestrian has a duty of due care and must take precautions to avoid an accident. There are numerous statutes and municipal ordinances that provide guidance with regards to this. Violation of a statute or ordinance is evidence of negligence in virtually every jurisdiction. If the law is in your favor, the more power to you.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661) 825-8880
Showing posts with label responsibility. Show all posts
Showing posts with label responsibility. Show all posts
Tuesday, March 24, 2009
Monday, March 2, 2009
Legal Eaze #29 Injure responsibility/ bankruptcy
Title: August 31, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I was visiting a neighbor’s house about six months ago and I slipped on the stairs leading to the house. I hurt my back and I told my neighbor about slipping in her stairwell once I came into the house. She did not say anything about taking care of the doctor’s bill. I did go to the doctor and was told that I have a slipped disk. This is still causing me a lot of discomfort and pain, and I am afraid that I will be under the doctor’s care for quite some time. In the meantime, I have been paying for the doctor’s care, which is getting expensive, not to mention the pain I am suffering. Isn’t it my neighbor’s responsibility to pay for my doctor’s bills since I fell on her property?
A. Your neighbor probably has homeowner’s insurance which normally covers injuries sustained by guests or workers while being on her property. It is obvious that she will not do anything to help you unless you make another request that she make a claim to her homeowners’ insurance. If she does not relent, you should file a lawsuit. You have two years to do so from the date of the injury. But don’t wait two years. If you are still suffering pain after being injured six months ago and you run out of money, you might never get better. Better have her insurance pay for your medical treatment than you. Your neighbor is indeed liable for any accidental injuries sustained on her property
Q. My husband filed for bankruptcy, but I did not join in with him. He filed for BK on all of his credit cards, which he obtained before our marriage, expect for one or two. Can his creditors come after me for the debt he incurred on the credit cards that postdate our marriage?
A. Yes, they can. When husband and wife use a credit card, it is for the benefit of the community and therefore any debt incurred is considered community debt. If the husband is unable to pay, then it is perfectly legal for creditors to pursue collection against the spouse. If you are working, they can obtain a judgment against you and slap you with a wage garnishment. Of course, they can only take a small percentage of your salary, but nevertheless it hurts when you have to give up to 25% of your salary to pay your husband’s debts.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I was visiting a neighbor’s house about six months ago and I slipped on the stairs leading to the house. I hurt my back and I told my neighbor about slipping in her stairwell once I came into the house. She did not say anything about taking care of the doctor’s bill. I did go to the doctor and was told that I have a slipped disk. This is still causing me a lot of discomfort and pain, and I am afraid that I will be under the doctor’s care for quite some time. In the meantime, I have been paying for the doctor’s care, which is getting expensive, not to mention the pain I am suffering. Isn’t it my neighbor’s responsibility to pay for my doctor’s bills since I fell on her property?
A. Your neighbor probably has homeowner’s insurance which normally covers injuries sustained by guests or workers while being on her property. It is obvious that she will not do anything to help you unless you make another request that she make a claim to her homeowners’ insurance. If she does not relent, you should file a lawsuit. You have two years to do so from the date of the injury. But don’t wait two years. If you are still suffering pain after being injured six months ago and you run out of money, you might never get better. Better have her insurance pay for your medical treatment than you. Your neighbor is indeed liable for any accidental injuries sustained on her property
Q. My husband filed for bankruptcy, but I did not join in with him. He filed for BK on all of his credit cards, which he obtained before our marriage, expect for one or two. Can his creditors come after me for the debt he incurred on the credit cards that postdate our marriage?
A. Yes, they can. When husband and wife use a credit card, it is for the benefit of the community and therefore any debt incurred is considered community debt. If the husband is unable to pay, then it is perfectly legal for creditors to pursue collection against the spouse. If you are working, they can obtain a judgment against you and slap you with a wage garnishment. Of course, they can only take a small percentage of your salary, but nevertheless it hurts when you have to give up to 25% of your salary to pay your husband’s debts.
Monday, January 5, 2009
Legal Eaze #22 Guardianship/ Refund
Originally Printed: May 18, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. My daughter ran away with her drug-dealing boyfriend about a month ago. She left her 16-month-old baby with my husband and I and we have no idea of her whereabouts. It is incredible that we are left with total responsibility for her little boy. However, we want to make sure that she does not come back to pick up this child, only to have him around drugs and bunch of drug addicts. What should we do?
A. This theme comes back on a regular basis. You need to file a Petition for Guardianship with the County court in order to become guardians of this child. An investigation will be conducted by a court-appointed probate investigator to ascertain who would be first choice to become substitute parent(s) to the child. The Court often appoints grandparents as guardians of children left behind by drug-addicted parents. Once you are found to be fit as guardians, the Court will not allow a drug-addicted mother to again be responsible for her child until she cleans up her act. A guardianship is often temporary, until at least one parent of the child undergoes drug rehabilitation and can safely take responsibility for his/her child, but it also sometimes becomes a permanent arrangement. Drugs have become the scourge of today’s society and have affected hundreds of thousands of children across the world. They are the true victims. You are very brave to be willing to take care of this little boy and hopefully, your daughter will be thankful for what you have done for her son.
Q. I have a satellite dish to connect to the Internet, which promised immediate access, but is actually slower than dial-up. I constantly have to call in because have problems with connectivity. They charge an arm and a lef for the service, with which I am totally dissatisfied. I had to pay $700 for the dish. I want money back. Can I?
A. It is doubtful but it depends if you had a warranty and how long ago you had it installed on your property. Your story sounds so familiar. In fact, I went back to a dial-up connection because I was tired of paying $65 a month for this so-called “really fast connection”. Satellite dish is highly affected by the weather unfortunately, and of course customers are never told about these problems ahead of time. You best bet is to give your satellite company notice that you want to stop their “bad” service and find another way to connect to the Internet. Good luck!
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. My daughter ran away with her drug-dealing boyfriend about a month ago. She left her 16-month-old baby with my husband and I and we have no idea of her whereabouts. It is incredible that we are left with total responsibility for her little boy. However, we want to make sure that she does not come back to pick up this child, only to have him around drugs and bunch of drug addicts. What should we do?
A. This theme comes back on a regular basis. You need to file a Petition for Guardianship with the County court in order to become guardians of this child. An investigation will be conducted by a court-appointed probate investigator to ascertain who would be first choice to become substitute parent(s) to the child. The Court often appoints grandparents as guardians of children left behind by drug-addicted parents. Once you are found to be fit as guardians, the Court will not allow a drug-addicted mother to again be responsible for her child until she cleans up her act. A guardianship is often temporary, until at least one parent of the child undergoes drug rehabilitation and can safely take responsibility for his/her child, but it also sometimes becomes a permanent arrangement. Drugs have become the scourge of today’s society and have affected hundreds of thousands of children across the world. They are the true victims. You are very brave to be willing to take care of this little boy and hopefully, your daughter will be thankful for what you have done for her son.
Q. I have a satellite dish to connect to the Internet, which promised immediate access, but is actually slower than dial-up. I constantly have to call in because have problems with connectivity. They charge an arm and a lef for the service, with which I am totally dissatisfied. I had to pay $700 for the dish. I want money back. Can I?
A. It is doubtful but it depends if you had a warranty and how long ago you had it installed on your property. Your story sounds so familiar. In fact, I went back to a dial-up connection because I was tired of paying $65 a month for this so-called “really fast connection”. Satellite dish is highly affected by the weather unfortunately, and of course customers are never told about these problems ahead of time. You best bet is to give your satellite company notice that you want to stop their “bad” service and find another way to connect to the Internet. Good luck!
Sunday, January 4, 2009
Legal Eaze #14 Evicting/ Child Support
Originally Printed: January 26, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. I have a tenant in one of my rental homes who has a two-year lease with option to purchase the home. He has made substantial improvements to the home, increasing its value. However, he is a drug user and the house has become a haven for his drug-addicted friends. I want to evict him but I want to do it legally and fairly. What do I do?
A. The following clauses should be in your lease agreement: 1. Forbidding illegal activities during the tenancy. 2. Your approval was needed before your tenant could make any improvements to the property. Do you have proof that drugs are being used on the property? If so, you can evict him on that ground. Give him a 30-Day Notice to Vacate. If the does not vacate at the end of the 30 Days, file an Unlawful Detainer action. If you approved of the improvements made to the property, you may have to pay him for the services he rendered, which will complicate the action.
Q. My husband is not paying the child support he was ordered to pay. He quit his job so he would not have to pay for child support just to spite me. I am working two jobs but can’t make ends meet, and my two kids are suffering needlessly. What should I do?
A. Did you husband go back to court and make a Motion to modify the amount he has to pay in child support? If he did not, he is still obligated to pay the child support he was ordered to pay and you can ask Child Support Services to collect the arrearages and the child support you are entitled to. It is unfortunate that many people refuse to work in order to avoid paying their child support obligations, however, if they are able to work yet have voluntarily quit their jobs just to frustrate their children’s needs, they can go to jail, lose their driver’s license, lose their occupational license, etc. There is a great effort by the governmental authorities to see that parents take their responsibility to support their children seriously and the consequences of not doing so are severe. Child Support Services are a little slow, but they do a commendable job of bringing wayward parents back in line. Contact them immediately, especially if you cannot afford to hire a private attorney.
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. I have a tenant in one of my rental homes who has a two-year lease with option to purchase the home. He has made substantial improvements to the home, increasing its value. However, he is a drug user and the house has become a haven for his drug-addicted friends. I want to evict him but I want to do it legally and fairly. What do I do?
A. The following clauses should be in your lease agreement: 1. Forbidding illegal activities during the tenancy. 2. Your approval was needed before your tenant could make any improvements to the property. Do you have proof that drugs are being used on the property? If so, you can evict him on that ground. Give him a 30-Day Notice to Vacate. If the does not vacate at the end of the 30 Days, file an Unlawful Detainer action. If you approved of the improvements made to the property, you may have to pay him for the services he rendered, which will complicate the action.
Q. My husband is not paying the child support he was ordered to pay. He quit his job so he would not have to pay for child support just to spite me. I am working two jobs but can’t make ends meet, and my two kids are suffering needlessly. What should I do?
A. Did you husband go back to court and make a Motion to modify the amount he has to pay in child support? If he did not, he is still obligated to pay the child support he was ordered to pay and you can ask Child Support Services to collect the arrearages and the child support you are entitled to. It is unfortunate that many people refuse to work in order to avoid paying their child support obligations, however, if they are able to work yet have voluntarily quit their jobs just to frustrate their children’s needs, they can go to jail, lose their driver’s license, lose their occupational license, etc. There is a great effort by the governmental authorities to see that parents take their responsibility to support their children seriously and the consequences of not doing so are severe. Child Support Services are a little slow, but they do a commendable job of bringing wayward parents back in line. Contact them immediately, especially if you cannot afford to hire a private attorney.
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