Title: October 11, 2006
Q. My brother who is 17 years old had sex with a woman who is 5 years his senior. She is now pregnant. Is he going to be responsible for child support? Isn’t this adult woman’s actions punishable by law?
A. If the woman gives birth to the child, your brother is the father of that child and yes, he will have to support this child. It is not the child’s fault that he was born. Parents of a child are responsible for supporting their children. On the other hand, sex with a minor is considered a crime, statutory rape to be exact, and this woman should be prosecuted to the extent of the law.
Q. The apartment building I live in has gone through a change of ownership lately. The previous manager resigned and a new manager moved in. Some of my neighbors were told by the new manager they no longer can keep a dog over 15 lbs. and have 30 days to either get rid of the dog, move out voluntarily or be evicted. These people have lived here for a year or more, some as long as 5 years. Others have been told that their satellite dishes installed on the roofs were no longer allowed. Shouldn’t these new rules apply only to new tenants who moved in after the change of ownership?
A. The new owner needs to enter into a new Rental Agreement with all the tenants if he wants to enforce new rules on the “old” tenants. Otherwise he is stepping into the shoes of the previous owner and cannot change the rules already in place. In addition, Under an FCC rule promulgated pursuant to the Telecommunications Act of 1996, landlords cannot prohibit tenants from installing satellite dishes, antennas or other telecommunications devices on the property.
Q. Is it legal for a business to insist on fingerprinting a client for identification? And should the client refuse to be fingerprinted isn’t the business denying him service? Wouldn’t this be a temptation to the technologically savvy unethical employee to use this information to steal the client’s identity?
A. I do not believe there is a law against fingerprinting clients, however, I would certainly refuse to do business with anyone who insist on fingerprinting me before I buy something from them as an extreme invasion of privacy. You have the right not to patronize a merchant who insists on doing so. However, if this has to do with obtaining a deed, a notary must take your fingerprint, a requirement by law. Often, a bank will require a fingerprint on the back of a check being cashed if you are not a bank customer.
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
Monday, March 23, 2009
Legal Eaze #55 Overtime/Loan Payments/Visitation Modification
Title: September 27, 2006
Q. I am the manager of a restaurant and am a salaried employee. I very often work more than 40 hours a week, yet I do not get paid overtime. Shouldn’t I get overtime pay for the extra hours over 40 hours a week?
A. Not every worker is entitled to overtime pay. There are a few select professions that are not required to pay overtime. Generally speaking however, most hourly employees who are not either independent contractors or professionals requiring advanced degrees are covered by overtime laws. Overtime laws usually do not cover executives who supervise the work of others. Nor do they cover certain administrative employees who do “non-manual” work related to either management policies or general operations of the business. Such “executive” or “administrative” employees must also be paid a set minimum weekly salary in order to be exempt from overtime requirements (versus employees that are paid by the hour). I believe that you fall in the executive or administrator category.
Q. I got involved in online payday loans and got in over my head in hard financial times. One of the loans I obtained required that I pay the loan in full. I informed the company I could not pay in full but offered to make payments until fully paid. The manager refused the partial payments stating the loan needs to be paid in full, otherwise they will garnish my wages. Can they do this despite my offer to make payments?
A. Unfortunately, the agreement that you signed will dictate the company’s collection rights and/or your obligations to repay the loan as you promised in the written agreement, if this agreement is legally enforceable. You should have an attorney review the agreement you entered into to advise you of your rights, if any, under this agreement.
Q. My son travels to Florida every summer for his visitation with his father. He spent 3 weeks there and came back extremely sick. 2 days after he came back, he was hospitalized in the ICU. He turned out to be diabetic and his father explained away our son’s extreme weight loss by stating he was overactive with sports. Does he have to go next summer?
A. You need to file an Order to Show Cause for modification with the Court that ordered the summer visitation with his father. The Court needs to be made aware that your son’s health is being overlooked by his father and that the boy almost died the last time he went to visit his father. This is a very serious concern and the Court may very well change the visitation schedule.
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
Q. I am the manager of a restaurant and am a salaried employee. I very often work more than 40 hours a week, yet I do not get paid overtime. Shouldn’t I get overtime pay for the extra hours over 40 hours a week?
A. Not every worker is entitled to overtime pay. There are a few select professions that are not required to pay overtime. Generally speaking however, most hourly employees who are not either independent contractors or professionals requiring advanced degrees are covered by overtime laws. Overtime laws usually do not cover executives who supervise the work of others. Nor do they cover certain administrative employees who do “non-manual” work related to either management policies or general operations of the business. Such “executive” or “administrative” employees must also be paid a set minimum weekly salary in order to be exempt from overtime requirements (versus employees that are paid by the hour). I believe that you fall in the executive or administrator category.
Q. I got involved in online payday loans and got in over my head in hard financial times. One of the loans I obtained required that I pay the loan in full. I informed the company I could not pay in full but offered to make payments until fully paid. The manager refused the partial payments stating the loan needs to be paid in full, otherwise they will garnish my wages. Can they do this despite my offer to make payments?
A. Unfortunately, the agreement that you signed will dictate the company’s collection rights and/or your obligations to repay the loan as you promised in the written agreement, if this agreement is legally enforceable. You should have an attorney review the agreement you entered into to advise you of your rights, if any, under this agreement.
Q. My son travels to Florida every summer for his visitation with his father. He spent 3 weeks there and came back extremely sick. 2 days after he came back, he was hospitalized in the ICU. He turned out to be diabetic and his father explained away our son’s extreme weight loss by stating he was overactive with sports. Does he have to go next summer?
A. You need to file an Order to Show Cause for modification with the Court that ordered the summer visitation with his father. The Court needs to be made aware that your son’s health is being overlooked by his father and that the boy almost died the last time he went to visit his father. This is a very serious concern and the Court may very well change the visitation schedule.
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
Legal Eaze #54 Loan Fraud
Title: September 15, 2006
Q. Last year (2005) a family friend came to my grandmother with a business venture. She told my grandmother that if she would let her use her property as collateral that when she sold the house she was buying that she would split the money with her. My grand mother signed a deed that put her name on the property that was being bought, and was told that some other papers she was signing were giving this friend permission to use the property as collateral. Well, the papers my grandmother actually signed were loan papers putting the loan in both their names. Now this family friend hasn't made any payments and the property in question has been sold because the title company said there were no loans on it. Needless to say my grandmother, who's 75, is now being sued by the title company, the loan company, in addition to the “friend” who lied to her to get the loan. What should I or what can I do to help my grandmother?
A. A lawsuit for fraud is the starting point, in the form of a cross-complaint to the suits brought against her, with motions to set aside any fraudulent deeds and loans, and consolidation of all complaints into one action. You have an uphill battle, but it has to be done. I would strongly suggest that you hire an attorney to handle this for your grandmother, as this is not something that a layperson can handle without the help of an attorney.
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. You may contact her via Fax at (661)825-8880 or by e-mail at maxinedev@msn.com
Q. Last year (2005) a family friend came to my grandmother with a business venture. She told my grandmother that if she would let her use her property as collateral that when she sold the house she was buying that she would split the money with her. My grand mother signed a deed that put her name on the property that was being bought, and was told that some other papers she was signing were giving this friend permission to use the property as collateral. Well, the papers my grandmother actually signed were loan papers putting the loan in both their names. Now this family friend hasn't made any payments and the property in question has been sold because the title company said there were no loans on it. Needless to say my grandmother, who's 75, is now being sued by the title company, the loan company, in addition to the “friend” who lied to her to get the loan. What should I or what can I do to help my grandmother?
A. A lawsuit for fraud is the starting point, in the form of a cross-complaint to the suits brought against her, with motions to set aside any fraudulent deeds and loans, and consolidation of all complaints into one action. You have an uphill battle, but it has to be done. I would strongly suggest that you hire an attorney to handle this for your grandmother, as this is not something that a layperson can handle without the help of an attorney.
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. You may contact her via Fax at (661)825-8880 or by e-mail at maxinedev@msn.com
Legal Eaze #53 Elder Abuse
Elder abuse: When you suspect a loved one's mistreatment
(September 12, 2006)
By Maxine de Villefranche, Attorney at Law
Recognize the signs and symptoms of elder abuse and find out how you can help.
Perhaps you suspect your elderly neighbor isn't caring for herself the way she needs to, but you aren't certain. Or maybe you wonder about some bruises you've seen on your aging uncle. You can't get rid of the nagging feeling that something's not right. But is it elder abuse? What should you look for, and what can you do?
Take time to understand what constitutes elder abuse and what signs indicate that a loved one may not be getting the care he or she deserves. Knowing more about elder abuse and who to call for assistance can help you protect your loved ones.
What is elder abuse?
Elder abuse occurs when someone knowingly or unknowingly causes harm or a risk of harm to an older adult. It can take several forms, including:
1. Physical abuse. Physical abuse is the use of physical force, such as hitting, pushing, shaking or burning, with the intention of causing pain or injury.
2. Sexual abuse. Sexual abuse involves any nonconsensual sexual contact, such as inappropriate touching, rape or pornographic photographing.
3. Emotional abuse. Psychological or emotional abuse is the use of tactics, such as harassment, insults, intimidation or threats, which cause mental or emotional anguish or isolation.
4. Financial abuse. Financial abuse or material exploitation involves improperly using an older person's resources for the benefit of another person, for example, by stealing, trickery or inappropriate use of government checks. Inappropriate use of financial power of attorney is another common example.
5. Neglect. Neglect occurs when a caregiver refuses or fails to provide the level of care necessary to avoid physical or mental harm. Examples include inadequate attention to food, water, shelter and personal hygiene.
The abuser is typically a family member, spouse or caregiver. In institutions, such as nursing homes or group homes, professional caregivers may be abusers.
People age 80 and older, especially women, are at a greater risk of experiencing elder abuse. Older adults who are dependent on others for basic care are particularly vulnerable.
Older adults can hurt themselves, too
One of the most common types of elder abuse occurs when older adults unintentionally jeopardize their own safety. Self-neglect can happen if an older adult deprives him- or herself of necessities such as food, water or medication. If the older adult is mentally competent, yet consciously makes decisions that put him- or herself in harm's way, it may be a case of self-neglect. Self-neglect often occurs in older adults who have declining health, who are isolated or depressed, or who abuse drugs or alcohol.
Signs that an older adult is neglecting him- or herself include:
1. Neglecting personal hygiene
2. Wearing soiled or ragged clothes
3. Lacking food or basic utilities
4. Refusing to take medications
Contact resources in your area if you know any older adults who may be neglecting their own needs and putting themselves in danger. Contact your loved one's doctor to report your concerns. Often, helping older adults who neglect themselves involves treating underlying conditions, such as depression, or putting older adults in touch with resources designed to help them get groceries or help them with housework. It's usually possible for the older adult to remain at home, while at the same time improving his or her safety. In some cases a guardian might be appointed to care for the older person.
What should you look for?
If you're concerned an older adult might be abused, knowing the signs and symptoms of abuse can help you determine if a problem exists. These signs and symptoms may include:
1. Physical injury. Examples of questionable injuries include bruises, cuts, burn or rope marks, and broken bones or sprains that can't be explained. Other signs of potential problems include sudden changes in behavior, comments about being battered or the refusal of the caregiver to allow you to visit the older person alone.
2. Lack of physical care. Indications of substandard physical care include dehydration, malnourishment, weight loss and poor hygiene. Bed sores, soiled bedding, unmet medical needs and comments about being mistreated also may indicate a problem. Lack of physical care can happen to older adults living in their homes, as well as those in institutional care, such as a nursing home.
3. Unusual behaviors. Changes in an older person's behavior or emotional state may suggest a problem. Examples include agitation, withdrawal, fear or anxiety, apathy, or reports of being treated improperly.
4. Unaccounted for financial changes. Potential problematic financial changes include missing money or valuables, unexplained financial transactions, unpaid bills despite available funds and sudden transfer of assets, as well as comments about being exploited. Another sign may be older adults who are controlling their finances but don't allow relatives to see their records.
What can you do?
Talking with the suspected abuser about the problem isn't likely to help. Though you might be afraid to get involved or be unsure of who to contact, it's important for you to speak up about suspected elder abuse. Officials and agencies that address this problem do exist. The problem can't be remedied until it's reported.
In domestic situations, as with any form of domestic abuse, call the police if a person is in imminent danger. If you're not aware of immediate danger, but you suspect abuse, check with welfare and social service agencies. Most cities and counties, according to state law, will investigate and protect vulnerable adults from elder abuse through these agencies.
The Adult Protective Services agency — a component of human service agencies in most states — is typically responsible for investigating reports of domestic elder abuse and providing families with help and guidance. Other professionals who may be able to help include doctors or nurses, police officers, lawyers and social workers.
If you suspect elder abuse in an institutional setting, such as a nursing home, report concerns to your state long term care ombudsman. Each state has a long term care ombudsman to investigate and address nursing home complaints.
(September 12, 2006)
By Maxine de Villefranche, Attorney at Law
Recognize the signs and symptoms of elder abuse and find out how you can help.
Perhaps you suspect your elderly neighbor isn't caring for herself the way she needs to, but you aren't certain. Or maybe you wonder about some bruises you've seen on your aging uncle. You can't get rid of the nagging feeling that something's not right. But is it elder abuse? What should you look for, and what can you do?
Take time to understand what constitutes elder abuse and what signs indicate that a loved one may not be getting the care he or she deserves. Knowing more about elder abuse and who to call for assistance can help you protect your loved ones.
What is elder abuse?
Elder abuse occurs when someone knowingly or unknowingly causes harm or a risk of harm to an older adult. It can take several forms, including:
1. Physical abuse. Physical abuse is the use of physical force, such as hitting, pushing, shaking or burning, with the intention of causing pain or injury.
2. Sexual abuse. Sexual abuse involves any nonconsensual sexual contact, such as inappropriate touching, rape or pornographic photographing.
3. Emotional abuse. Psychological or emotional abuse is the use of tactics, such as harassment, insults, intimidation or threats, which cause mental or emotional anguish or isolation.
4. Financial abuse. Financial abuse or material exploitation involves improperly using an older person's resources for the benefit of another person, for example, by stealing, trickery or inappropriate use of government checks. Inappropriate use of financial power of attorney is another common example.
5. Neglect. Neglect occurs when a caregiver refuses or fails to provide the level of care necessary to avoid physical or mental harm. Examples include inadequate attention to food, water, shelter and personal hygiene.
The abuser is typically a family member, spouse or caregiver. In institutions, such as nursing homes or group homes, professional caregivers may be abusers.
People age 80 and older, especially women, are at a greater risk of experiencing elder abuse. Older adults who are dependent on others for basic care are particularly vulnerable.
Older adults can hurt themselves, too
One of the most common types of elder abuse occurs when older adults unintentionally jeopardize their own safety. Self-neglect can happen if an older adult deprives him- or herself of necessities such as food, water or medication. If the older adult is mentally competent, yet consciously makes decisions that put him- or herself in harm's way, it may be a case of self-neglect. Self-neglect often occurs in older adults who have declining health, who are isolated or depressed, or who abuse drugs or alcohol.
Signs that an older adult is neglecting him- or herself include:
1. Neglecting personal hygiene
2. Wearing soiled or ragged clothes
3. Lacking food or basic utilities
4. Refusing to take medications
Contact resources in your area if you know any older adults who may be neglecting their own needs and putting themselves in danger. Contact your loved one's doctor to report your concerns. Often, helping older adults who neglect themselves involves treating underlying conditions, such as depression, or putting older adults in touch with resources designed to help them get groceries or help them with housework. It's usually possible for the older adult to remain at home, while at the same time improving his or her safety. In some cases a guardian might be appointed to care for the older person.
What should you look for?
If you're concerned an older adult might be abused, knowing the signs and symptoms of abuse can help you determine if a problem exists. These signs and symptoms may include:
1. Physical injury. Examples of questionable injuries include bruises, cuts, burn or rope marks, and broken bones or sprains that can't be explained. Other signs of potential problems include sudden changes in behavior, comments about being battered or the refusal of the caregiver to allow you to visit the older person alone.
2. Lack of physical care. Indications of substandard physical care include dehydration, malnourishment, weight loss and poor hygiene. Bed sores, soiled bedding, unmet medical needs and comments about being mistreated also may indicate a problem. Lack of physical care can happen to older adults living in their homes, as well as those in institutional care, such as a nursing home.
3. Unusual behaviors. Changes in an older person's behavior or emotional state may suggest a problem. Examples include agitation, withdrawal, fear or anxiety, apathy, or reports of being treated improperly.
4. Unaccounted for financial changes. Potential problematic financial changes include missing money or valuables, unexplained financial transactions, unpaid bills despite available funds and sudden transfer of assets, as well as comments about being exploited. Another sign may be older adults who are controlling their finances but don't allow relatives to see their records.
What can you do?
Talking with the suspected abuser about the problem isn't likely to help. Though you might be afraid to get involved or be unsure of who to contact, it's important for you to speak up about suspected elder abuse. Officials and agencies that address this problem do exist. The problem can't be remedied until it's reported.
In domestic situations, as with any form of domestic abuse, call the police if a person is in imminent danger. If you're not aware of immediate danger, but you suspect abuse, check with welfare and social service agencies. Most cities and counties, according to state law, will investigate and protect vulnerable adults from elder abuse through these agencies.
The Adult Protective Services agency — a component of human service agencies in most states — is typically responsible for investigating reports of domestic elder abuse and providing families with help and guidance. Other professionals who may be able to help include doctors or nurses, police officers, lawyers and social workers.
If you suspect elder abuse in an institutional setting, such as a nursing home, report concerns to your state long term care ombudsman. Each state has a long term care ombudsman to investigate and address nursing home complaints.
Legal Eaze #52 Inadvertent Adult Materials
Title: August 23, 2006
Q. I heard that there is now a federal law protecting minors from being deceived into viewing sexually explicit material on the Internet. Is that correct?
A. Let’s say that your young but Internet-savy child does an on-line search for “Barney the Dinosaur”. The search engine directs him to a site called www.BarneyTheDinosaueFanClub.com
Your kid clicks on the website, and the front page of the site shows a picture of Barney the Purple Dinosaur with a message reading “Click on Barney’s picture to see all of his latest adventures”.
Your kid clicks on the picture as directed – and is instantly transported to a website featuring hot XXX hardcore sex action of the most depraved sort imaginable.
If a website owner now tries that trick - it could soon land him up to 20 years in prison (assuming that he is in a place that could be subject to U.S. legal jurisdiction).
In July of 2006, Congress passed a law that makes it a federal felony for anyone to use misleading "words" or "images" that are intended to confuse a minor into viewing a sexually explicit website. It is all part of the “Adam Walsh Child Protection Safety Act of 2006” – one of the most extensive rewrites of federal laws concerning child pornography and sex offenders in several years.
The law was named after Adam Walsh – a young child who was tragically abducted and killed in the early 1980’s (His father, John Walsh, went on to host the popular television show “America’s Most Wanted”.)
The law states in part: “Whoever knowingly embeds words or digital images into the source code of a website with the intent to deceive a minor into viewing material harmful to minors on the Internet shall be fined under this title and imprisoned for not more than 20 years.”
This law defines the phrase “harmful to minors” as “any communication, consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context—
(1) predominantly appeals to a prurient interest of minors;
(2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
(3) lacks serious literary, artistic, political, or scientific value for minors.”
Civil libertarians worry that the law might be too broadly worded. Could you get into trouble by posting pictures of Barbie dolls engaged in sex acts if your site is designed to appeal to Barbie fans with a sense of humor? The argument would be that the site wasn’t specifically geared for only minors, or that the pictures still hold “serious literary, artistic, political, or scientific value for minors” as the law allows for. It is a natural inclination to think that authorities would use common sense in enforcing this law. But if you have any serious concerns – consult an attorney.
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
Q. I heard that there is now a federal law protecting minors from being deceived into viewing sexually explicit material on the Internet. Is that correct?
A. Let’s say that your young but Internet-savy child does an on-line search for “Barney the Dinosaur”. The search engine directs him to a site called www.BarneyTheDinosaueFanClub.com
Your kid clicks on the website, and the front page of the site shows a picture of Barney the Purple Dinosaur with a message reading “Click on Barney’s picture to see all of his latest adventures”.
Your kid clicks on the picture as directed – and is instantly transported to a website featuring hot XXX hardcore sex action of the most depraved sort imaginable.
If a website owner now tries that trick - it could soon land him up to 20 years in prison (assuming that he is in a place that could be subject to U.S. legal jurisdiction).
In July of 2006, Congress passed a law that makes it a federal felony for anyone to use misleading "words" or "images" that are intended to confuse a minor into viewing a sexually explicit website. It is all part of the “Adam Walsh Child Protection Safety Act of 2006” – one of the most extensive rewrites of federal laws concerning child pornography and sex offenders in several years.
The law was named after Adam Walsh – a young child who was tragically abducted and killed in the early 1980’s (His father, John Walsh, went on to host the popular television show “America’s Most Wanted”.)
The law states in part: “Whoever knowingly embeds words or digital images into the source code of a website with the intent to deceive a minor into viewing material harmful to minors on the Internet shall be fined under this title and imprisoned for not more than 20 years.”
This law defines the phrase “harmful to minors” as “any communication, consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context—
(1) predominantly appeals to a prurient interest of minors;
(2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
(3) lacks serious literary, artistic, political, or scientific value for minors.”
Civil libertarians worry that the law might be too broadly worded. Could you get into trouble by posting pictures of Barbie dolls engaged in sex acts if your site is designed to appeal to Barbie fans with a sense of humor? The argument would be that the site wasn’t specifically geared for only minors, or that the pictures still hold “serious literary, artistic, political, or scientific value for minors” as the law allows for. It is a natural inclination to think that authorities would use common sense in enforcing this law. But if you have any serious concerns – consult an attorney.
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
Legal Eaze #51 Garnishments/Car Service Delay
Title: August 2, 2006
Q. My paychecks are being garnished every month for child support I owed. My boss has expressed his frustration overt that, because extra work has to be done by his bookkeeper. He threatened to fire me if I did not deal with this myself. I do not have a choice about these garnishments because the court ordered it to be done this way. But I do not want to get fired over this. I remember when I was called for jury duty, he made the same threat, stating that he could not afford to have any of his employees out for jury duty. What can I do?
A. Your employer cannot punish you because a court has garnished your wages or is threatening you to do so as part of a court order. In other words, if a court takes money out of your paycheck because it ordered you to pay for past debt, unfulfilled child support or alimony, it is illegal for your boss to fire you or to punish you in any way for the garnishment. Such matters are considered separate from workplace disputes. As for jury duty, you cannot be fired for taking time off of work to serve on a jury or appear as a witness in a case, as long as you give your employer reasonable advance notice. There are also a variety of federal law offering similar protections to you in the workplace (Title VII of the U.S. Civil Rights, Act, for instance). More often than not, California statutes prove to have even broader protections than the federal laws. However, any who feels that they were wrongfully terminated, would still be wise to consider statutes under California and federal law.
Q. I bought a brand new car in January 2006. The air conditioner in the car stopped functioning last week in this heat and I am totally miserable. I called the dealer where I bought the car to make an appointment with the service department. I have only driven the car 8,500 miles so far. Their service department is extremely busy and I can’t get an appointment until the end of next week. What should I do?
A. I would attempt to make an appointment with the service department of another dealer that sells the same kind of car, in order to get your car repaired sooner. You can go to any dealer you want, as long as that dealer sells the kind of vehicle you own. You can also rent a car (that has working air conditioning) and present the rent-a-car bill to your dealer who could not service your car in a timely manner. However, make sure to notify that dealer of your intentions. .
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
Q. My paychecks are being garnished every month for child support I owed. My boss has expressed his frustration overt that, because extra work has to be done by his bookkeeper. He threatened to fire me if I did not deal with this myself. I do not have a choice about these garnishments because the court ordered it to be done this way. But I do not want to get fired over this. I remember when I was called for jury duty, he made the same threat, stating that he could not afford to have any of his employees out for jury duty. What can I do?
A. Your employer cannot punish you because a court has garnished your wages or is threatening you to do so as part of a court order. In other words, if a court takes money out of your paycheck because it ordered you to pay for past debt, unfulfilled child support or alimony, it is illegal for your boss to fire you or to punish you in any way for the garnishment. Such matters are considered separate from workplace disputes. As for jury duty, you cannot be fired for taking time off of work to serve on a jury or appear as a witness in a case, as long as you give your employer reasonable advance notice. There are also a variety of federal law offering similar protections to you in the workplace (Title VII of the U.S. Civil Rights, Act, for instance). More often than not, California statutes prove to have even broader protections than the federal laws. However, any who feels that they were wrongfully terminated, would still be wise to consider statutes under California and federal law.
Q. I bought a brand new car in January 2006. The air conditioner in the car stopped functioning last week in this heat and I am totally miserable. I called the dealer where I bought the car to make an appointment with the service department. I have only driven the car 8,500 miles so far. Their service department is extremely busy and I can’t get an appointment until the end of next week. What should I do?
A. I would attempt to make an appointment with the service department of another dealer that sells the same kind of car, in order to get your car repaired sooner. You can go to any dealer you want, as long as that dealer sells the kind of vehicle you own. You can also rent a car (that has working air conditioning) and present the rent-a-car bill to your dealer who could not service your car in a timely manner. However, make sure to notify that dealer of your intentions. .
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
Legal Eaze #50 Disturbing Tenant/Weird Laws
Title: July 19, 2006
Q. I am a tenant in an apartment building where I was assaulted by another tenant. I made a complaint to the police. I did not know this guy but when I talked to the landlord about him, he informed me that this guy gets drunk then goes around threatening everybody. He apparently got into a fight with another tenant who obtained a restraining order against him, so the landlord moved him to another apartment about 4 to 5 doors down from me. Now he yells at me or my wife as he goes by our place or just sits in front of our place for hours yelling at the world. Can I sue the landlord for keeping this guy around and can I get punitive damages?
A. You are owed quiet enjoyment of your apartment by the landlord. If the landlord knows this man is harassing other tenants, it is his duty to evict him. Punitive damages may or may not be awarded by a court depending on how malicious and/or despicable the landlord’s conduct is with regards to all of his tenants. Punitive damages are not always easy to be awarded and are always contingent upon the conduct of the defendant. I truly believe that this man may be an escaped mental patient and should be returned to the mental ward. Have you thought of obtaining your very own restraining order against this crazy man?
Weird laws in California:
1. Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship.
2. Bathhouses are against the law.
3. It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.
4. Women may not drive in a house coat.
In New York:
1. A fine of $25 can be levied for flirting. This old law specifically prohibits men from turning around on any city street and looking “at a woman in that way”. A second conviction for a crime of this magnitude calls the violating male to be forced to wear a “pair of horse-blinders” wherever and whenever he goes outside for stroll.
2. It is against the law to throw a ball at someone’s head for fun.
3. A license must be purchased before hanging clothes on a clothesline.
4. The penalty for jumping off a building is death.
In Florida:
1. Women may be fined for falling asleep under a hair dryer, as can the salon owner.
2. A special law prohibits unmarried women from parachuting on Sunday or she shall risk arrest, fine and/or jailing.
3. If an elephant is left tied to a parking meter, the parking fee has to be paid just as it would for a vehicle.
4. It is illegal to sing in a public place while attired in a swimsuit.
5. Men may not be seen publicly in any kind of strapless gown.
6. Having sexual relations with a porcupine is illegal.
7. It is illegal to skateboard without a license.
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
Q. I am a tenant in an apartment building where I was assaulted by another tenant. I made a complaint to the police. I did not know this guy but when I talked to the landlord about him, he informed me that this guy gets drunk then goes around threatening everybody. He apparently got into a fight with another tenant who obtained a restraining order against him, so the landlord moved him to another apartment about 4 to 5 doors down from me. Now he yells at me or my wife as he goes by our place or just sits in front of our place for hours yelling at the world. Can I sue the landlord for keeping this guy around and can I get punitive damages?
A. You are owed quiet enjoyment of your apartment by the landlord. If the landlord knows this man is harassing other tenants, it is his duty to evict him. Punitive damages may or may not be awarded by a court depending on how malicious and/or despicable the landlord’s conduct is with regards to all of his tenants. Punitive damages are not always easy to be awarded and are always contingent upon the conduct of the defendant. I truly believe that this man may be an escaped mental patient and should be returned to the mental ward. Have you thought of obtaining your very own restraining order against this crazy man?
Weird laws in California:
1. Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship.
2. Bathhouses are against the law.
3. It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.
4. Women may not drive in a house coat.
In New York:
1. A fine of $25 can be levied for flirting. This old law specifically prohibits men from turning around on any city street and looking “at a woman in that way”. A second conviction for a crime of this magnitude calls the violating male to be forced to wear a “pair of horse-blinders” wherever and whenever he goes outside for stroll.
2. It is against the law to throw a ball at someone’s head for fun.
3. A license must be purchased before hanging clothes on a clothesline.
4. The penalty for jumping off a building is death.
In Florida:
1. Women may be fined for falling asleep under a hair dryer, as can the salon owner.
2. A special law prohibits unmarried women from parachuting on Sunday or she shall risk arrest, fine and/or jailing.
3. If an elephant is left tied to a parking meter, the parking fee has to be paid just as it would for a vehicle.
4. It is illegal to sing in a public place while attired in a swimsuit.
5. Men may not be seen publicly in any kind of strapless gown.
6. Having sexual relations with a porcupine is illegal.
7. It is illegal to skateboard without a license.
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
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