Title: December 6, 2006
Q. Can you please give me the definition of an apartment and the building where it is located “fit for human living”?
A. Under California law, that typically includes:
1. Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
2. Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system.
3. Gas facilities in good working order.
4. Heating facilities in good working order.
5. An electric system, including lighting, wiring and equipment, in good working order.
6. Clean and sanitary buildings, grounds, and appurtenances (for example a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents and vermin.
7. Adequate trash receptacles in good repair.
8. Floors, stairways, and railings in good repair.
In addition to these requirements, each rental unit must have all of the following: a working toilet, wash basin, and bathtub or shower. The toilet and bathtub or shower must be in a room that is ventilated and allows privacy. The kitchen must have a sink. There must be natural lighting in every room through windows or skylights. Windows in each room must be able to open at least halfway for ventilation, unless a fan provides mechanical ventilation. Safe fire or emergency exits leading to a street or hallway. Stairs, hallways and exits must be kept litter-free. Storage areas, garages, and basements must be kept free of combustible materials. Operable deadbolt locks on the main entry doors of rental units, and operable locking or security devices on windows. Working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes. Apartment complexes also must have smoke detectors in common stairwells.
Q. Can a creditor levy your checking accounts and how much notice do they have to give you?
A. The first notice you may get is from the bank stating that your entire account is frozen, and unless you can get to the bank immediately or fast enough, the bank will release the money in the account to the creditor. The creditor cannot garnish 25% of your wages and levy against the full amount of your bank account at the same time. You must object if that happens. You may be able to get the Sheriff to cancel the levy without a court order. Any bank accounts the creditor knows about are at risk.
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 #59 Damaged Driveway/Pet Bite/Trespassing
Title: November 22, 2006
Q. I hired someone to put decorative curbs at my house. He did the mixing, including a dye to the cement right on my driveway, which is now stained. When I complained to him about it, he first appeared to be responsive. He promised to come and clean it up, but he never showed up. I feel a lawsuit is in order, but he only has a cell phone number on his business card, and when I call him, he acts like he cannot hear me. That is always the end of the conversation. I do not have a physical address on him. What can I do?
A. I suggest you hire a private investigator to get an address behind the cell phone number you already have. You can include the cost of the private investigator as part of your damages in your lawsuit. If the curbs look the way you were expecting them to look, you damages would only be for the stained driveway. Get an estimate from another contractor and find out how much it would cost to clean the driveway.
Q. My son and his friend were playing in my backyard, and my dog nipped the friend. The bite broke the skin, but no stitches were required. What do I do now?
A. Pay for the doctor to look the wound over and to take care of it. As I am sure you know, you are liable for any damage inflicted by your dog to any guests coming onto your property. Be very apologetic with the child’s parents and offer to take care of any expenses associated with the incident. .
Q. We own a 12-acre piece of land with a cabin that we use on the weekend. It is entirely fenced and has “no trespassing” signs around it. Yet, people come and ride their dirt bikes on our land. We have called the police, but the motorcyclists are usually gone by the time the police get there. Howe can we stop them?
A. You can try to obtain the license number off the motorcycles in order to obtain the names and addresses of the offenders, and sue them for trespassing. If that does not work, and you are simply not there when the trespassing occurs, you can place spikes in strategic places on your land. A few flat tires later, they might learn their lesson. Of course, if one of them gets hurt when falling off his dirt bike because he has a flat tire, you might get sued for his personal injury. However since he is trespassing on your land, you would probably prevail.
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 hired someone to put decorative curbs at my house. He did the mixing, including a dye to the cement right on my driveway, which is now stained. When I complained to him about it, he first appeared to be responsive. He promised to come and clean it up, but he never showed up. I feel a lawsuit is in order, but he only has a cell phone number on his business card, and when I call him, he acts like he cannot hear me. That is always the end of the conversation. I do not have a physical address on him. What can I do?
A. I suggest you hire a private investigator to get an address behind the cell phone number you already have. You can include the cost of the private investigator as part of your damages in your lawsuit. If the curbs look the way you were expecting them to look, you damages would only be for the stained driveway. Get an estimate from another contractor and find out how much it would cost to clean the driveway.
Q. My son and his friend were playing in my backyard, and my dog nipped the friend. The bite broke the skin, but no stitches were required. What do I do now?
A. Pay for the doctor to look the wound over and to take care of it. As I am sure you know, you are liable for any damage inflicted by your dog to any guests coming onto your property. Be very apologetic with the child’s parents and offer to take care of any expenses associated with the incident. .
Q. We own a 12-acre piece of land with a cabin that we use on the weekend. It is entirely fenced and has “no trespassing” signs around it. Yet, people come and ride their dirt bikes on our land. We have called the police, but the motorcyclists are usually gone by the time the police get there. Howe can we stop them?
A. You can try to obtain the license number off the motorcycles in order to obtain the names and addresses of the offenders, and sue them for trespassing. If that does not work, and you are simply not there when the trespassing occurs, you can place spikes in strategic places on your land. A few flat tires later, they might learn their lesson. Of course, if one of them gets hurt when falling off his dirt bike because he has a flat tire, you might get sued for his personal injury. However since he is trespassing on your land, you would probably prevail.
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 #58 Return Policies/Noise Nuisance
Title: November 1, 2006
Q. I purchased a pant outfit from a catalog. When I received it, I tried it on and noticed that the top was discolored as though it had been left in the sun for a long time. The color of the top did not match the color of the pants. I returned the outfit the next day via UPS, the same way I received it. I also filled out the return form and mentioned that the top was discolored and not up to the standard I was expecting from the catalog house. I later received an invoice from the company notifying me that I’m the one who damaged the outfit and I was expected to pay for the returned item. I am outraged. What do I do?
A. Make sure you read the company’s return policy. If it says you can return the merchandise if you are not satisfied for any reason, then you will prevail. Even if it does not say you can return it for any reason, you will still prevail. I would write to the customer service department a long letter explaining that you do not appreciate getting called a liar, and never buy anything from this company again. If you keep receiving an invoice, make a complaint to the Attorney General of the state where the catalog company is located, as well as the Better Business Bureau. If the company insists on billing you, let them know you will not pay and will put an energetic defense to any lawsuit filed against.
Q. My neighbor’s kid is learning how to play the drums. He spends every evening and weekend banging on a drum set in their garage which is about 20 feet from my bedroom. If it continues much longer, I will become either deaf or crazy from the noise. I have asked my neighbors to have pity on me and to panel their garage with some sort of sound barrier but to no avail. What can I do?
A. You have the right to quiet enjoyment of your property and the noise coming from next door is a private nuisance. If your neighbors are unreasonable, you should consider filing a lawsuit for nuisance. Maybe you should approach them again and let them know that you are thinking about filing a lawsuit if they do nothing to protect your sanity or your hearing. You need to calmly approach them and explain how serious the nuisance is. If you have other neighbors who are disturbed by the noise, you should pair up with them in filing your lawsuit. . .
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 purchased a pant outfit from a catalog. When I received it, I tried it on and noticed that the top was discolored as though it had been left in the sun for a long time. The color of the top did not match the color of the pants. I returned the outfit the next day via UPS, the same way I received it. I also filled out the return form and mentioned that the top was discolored and not up to the standard I was expecting from the catalog house. I later received an invoice from the company notifying me that I’m the one who damaged the outfit and I was expected to pay for the returned item. I am outraged. What do I do?
A. Make sure you read the company’s return policy. If it says you can return the merchandise if you are not satisfied for any reason, then you will prevail. Even if it does not say you can return it for any reason, you will still prevail. I would write to the customer service department a long letter explaining that you do not appreciate getting called a liar, and never buy anything from this company again. If you keep receiving an invoice, make a complaint to the Attorney General of the state where the catalog company is located, as well as the Better Business Bureau. If the company insists on billing you, let them know you will not pay and will put an energetic defense to any lawsuit filed against.
Q. My neighbor’s kid is learning how to play the drums. He spends every evening and weekend banging on a drum set in their garage which is about 20 feet from my bedroom. If it continues much longer, I will become either deaf or crazy from the noise. I have asked my neighbors to have pity on me and to panel their garage with some sort of sound barrier but to no avail. What can I do?
A. You have the right to quiet enjoyment of your property and the noise coming from next door is a private nuisance. If your neighbors are unreasonable, you should consider filing a lawsuit for nuisance. Maybe you should approach them again and let them know that you are thinking about filing a lawsuit if they do nothing to protect your sanity or your hearing. You need to calmly approach them and explain how serious the nuisance is. If you have other neighbors who are disturbed by the noise, you should pair up with them in filing your lawsuit. . .
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 #57 Help Avoid Consumer Debt - Make A Budget
HELP AVOID CONSUMER DEBT - MAKE A BUDGET (Date: 10/13/06)
By: Maxine de Villefranche
As an attorney doing family law, I see the state of total disarray in many people's personal finances during the initial consultation. A common problem is that these people have no idea what they spend each month and don’t realize they’re often spending more than they earn. Many of them have numerous credit cards, and many people filing for divorce, among others, have $50,000 or more in credit card debts.
When you are sick, you pay careful attention to the medicine that the doctor prescribes. When you’re on a diet, you pay attention to the food you eat and weigh yourself every day. Yet most of us don't track how much we spend each month. You may know how much you spend on fixed bills like rent, but chances are that you don’t know to the nearest $100 how much you spend in total.
A budget is essential to taking control of your finances. Maybe there is a place you can tighten your belt. Maybe there isn't. How do you know where to cut back if you don't even know what you're spending?
Try this for one week (or better yet, for a month): you don't need to track every penny, but why not track every dollar you spend during the day? Save your receipts and jot down your daily expenditures. Keep a running tab so you know your month-to-date spending every day. When given a choice, use your debit card, not cash. Keep your debit receipts to make tracking easier and to make your spending more visible.
The biggest enemy of spending control is the ATM. You will be surprised how many "little things" gobble up those $40 withdrawals: cash for Starbucks here, cash for a donut or a muffin there. You then pay with cash as you go out for lunch, and there goes another $10 and it's not even 2 p.m. yet!
Once you make the commitment to track your spending, you can see where you can cut back if you need to. Give yourself an allowance of spending money: one ATM withdrawal of cash per week. Make that $20 or $40 last the whole 7 days. Make the commitment to spend no more cash than absolutely necessary. And continue to track each dollar.
You can't fix the problem until you know what the problem is. Knowing your spending can help you cut back where there is waste. Most importantly, adjusting your spending can help you meet your ultimate goal of saving money to pay off your credit card bills, a down payment for your own home or pay off your home sooner, or for your retirement. Adding $100 to your monthly mortgage payment, or to your car payment will pay either that much sooner. Making a larger payment than just the minimum payment will help you save a lot of money on interest on your credit cards too.
By: Maxine de Villefranche
As an attorney doing family law, I see the state of total disarray in many people's personal finances during the initial consultation. A common problem is that these people have no idea what they spend each month and don’t realize they’re often spending more than they earn. Many of them have numerous credit cards, and many people filing for divorce, among others, have $50,000 or more in credit card debts.
When you are sick, you pay careful attention to the medicine that the doctor prescribes. When you’re on a diet, you pay attention to the food you eat and weigh yourself every day. Yet most of us don't track how much we spend each month. You may know how much you spend on fixed bills like rent, but chances are that you don’t know to the nearest $100 how much you spend in total.
A budget is essential to taking control of your finances. Maybe there is a place you can tighten your belt. Maybe there isn't. How do you know where to cut back if you don't even know what you're spending?
Try this for one week (or better yet, for a month): you don't need to track every penny, but why not track every dollar you spend during the day? Save your receipts and jot down your daily expenditures. Keep a running tab so you know your month-to-date spending every day. When given a choice, use your debit card, not cash. Keep your debit receipts to make tracking easier and to make your spending more visible.
The biggest enemy of spending control is the ATM. You will be surprised how many "little things" gobble up those $40 withdrawals: cash for Starbucks here, cash for a donut or a muffin there. You then pay with cash as you go out for lunch, and there goes another $10 and it's not even 2 p.m. yet!
Once you make the commitment to track your spending, you can see where you can cut back if you need to. Give yourself an allowance of spending money: one ATM withdrawal of cash per week. Make that $20 or $40 last the whole 7 days. Make the commitment to spend no more cash than absolutely necessary. And continue to track each dollar.
You can't fix the problem until you know what the problem is. Knowing your spending can help you cut back where there is waste. Most importantly, adjusting your spending can help you meet your ultimate goal of saving money to pay off your credit card bills, a down payment for your own home or pay off your home sooner, or for your retirement. Adding $100 to your monthly mortgage payment, or to your car payment will pay either that much sooner. Making a larger payment than just the minimum payment will help you save a lot of money on interest on your credit cards too.
Legal Eaze #56 Underage Father/New Management Rules/Fingerprinting Clients
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
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
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
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