Title: January 16, 2008
Q. I purchased several Christmas gifts online to be shipped to my sister’s kids in New York. I ordered the gifts at the beginning of December. I just received my credit card bill and the same gifts were billed on my card twice. I called the online company but I am being given the total runaround. What should I do?
A. You need to call your credit card company and file a complaint. Then you need to write a letter to the company you ordered the gifts from and put your complaint in writing. Make sure you address your letter to the President or CEO of the company, and send it by registered or certified mail. Keep a copy of your letter. I would suggest that you mention you will contact the attorney general of the company’s state if you do not obtain a satisfactory result. If you haven’t received a reply within a reasonable time (give it a month), then contact the attorney general of the state in which the company is located and file a complaint with the attorney general. Not only can you get the information online, but with most attorney general’s offices, you can file the complaint online.
Q. I was sued in Superior Court. I filed a cross-complaint at the beginning of December and served it on the attorney. I have yet to receive an answer to my cross-complaint. Isn’t the “answer” time barred by now?
A. Typically, a cross-complaint has to be served on the party himself, unless the attorney informs you that he had permission to be served on behalf of his client. A cross-complaint must be answered 30 days after it was served, the same timeframe as a regular complaint. You should call this attorney and find out if it is was permissible to serve the attorney rather than the attorney’s client. Not every attorney is retained to file a lawsuit on behalf of a client, and to represent him as a cross-defendant as well. If the attorney tells you that he cannot accept service on behalf of the client, then you have to serve the cross-complaint on the cross-defendant. Hire a process server or a sheriff to do that. Even better, hire an attorney so that the entire lawsuit can be handled properly.
Maxine de Villefranche is an attorney and civil general practitioner with 15 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 superior court. Show all posts
Showing posts with label superior court. Show all posts
Tuesday, March 24, 2009
Saturday, January 3, 2009
Legal Eaze #6 Probate/ kid throwing rocks
Originally Printed: September 15, 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. When my father died several years ago, he had a will which had to go through Probate Court. Thousands of dollars of his estate were spent on attorney’s fees, accountant’s fees and court fees, not to mention that it took a couple of years for members of his family to receive their inheritance. I would prefer my children did not have to go through this long and expensive court process. Is there anything I can do now?
A. I am glad you asked. Yes, there is, and it is called a revocable living trust. As the trustor or settler, you can create a trust in which you transfer all your assets, including your residence. In California, all estates worth more than $100,000 must go through probate, unless the bulk of your estate is your residence which is held in a joint tenancy with your spouse, or your assets have been transferred into a living trust. You can control all your assets by naming yourself the trustee. If you are married, your wife can be your co-trustee. During your lifetime, you can change the terms or beneficiaries of your “revocable” trust. You must name a successor trustee who will enforce the terms of your trust after your death. After your death, your part of the trust (if you are married, it is called an AB Trust) becomes irrevocable, and it is the successor trustee’s job to distribute your assets to the beneficiaries designated in your trust. A knowledgeable attorney can help you with other estate planning tools that will avoid the necessity for conservatorship if you become disabled and incapable of making your own financial and health decisions. Often, such tools are encompassed in a Trust package which, compared to the cost of probate, is very affordable and simply a necessity for most families.
Q. A neighborhood kid has been throwing rocks at my dog for several months. A few days ago, my German shepherd escaped the backyard by climbing over the fence in pursuit of its tormentor. What is my liability?
A. When you dog escaped your backyard, you became liable for any injuries caused by your dog, under the Dog Bite Act, even if the injuries were not caused by a dog bite. However, depending on whether the child was old enough to understand the consequences of his actions in inciting your dog’s revengeful instincts, your liability may be lessened by the child’s contributory negligence.
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
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. When my father died several years ago, he had a will which had to go through Probate Court. Thousands of dollars of his estate were spent on attorney’s fees, accountant’s fees and court fees, not to mention that it took a couple of years for members of his family to receive their inheritance. I would prefer my children did not have to go through this long and expensive court process. Is there anything I can do now?
A. I am glad you asked. Yes, there is, and it is called a revocable living trust. As the trustor or settler, you can create a trust in which you transfer all your assets, including your residence. In California, all estates worth more than $100,000 must go through probate, unless the bulk of your estate is your residence which is held in a joint tenancy with your spouse, or your assets have been transferred into a living trust. You can control all your assets by naming yourself the trustee. If you are married, your wife can be your co-trustee. During your lifetime, you can change the terms or beneficiaries of your “revocable” trust. You must name a successor trustee who will enforce the terms of your trust after your death. After your death, your part of the trust (if you are married, it is called an AB Trust) becomes irrevocable, and it is the successor trustee’s job to distribute your assets to the beneficiaries designated in your trust. A knowledgeable attorney can help you with other estate planning tools that will avoid the necessity for conservatorship if you become disabled and incapable of making your own financial and health decisions. Often, such tools are encompassed in a Trust package which, compared to the cost of probate, is very affordable and simply a necessity for most families.
Q. A neighborhood kid has been throwing rocks at my dog for several months. A few days ago, my German shepherd escaped the backyard by climbing over the fence in pursuit of its tormentor. What is my liability?
A. When you dog escaped your backyard, you became liable for any injuries caused by your dog, under the Dog Bite Act, even if the injuries were not caused by a dog bite. However, depending on whether the child was old enough to understand the consequences of his actions in inciting your dog’s revengeful instincts, your liability may be lessened by the child’s contributory negligence.
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
Wednesday, December 31, 2008
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
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
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