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Janet Gutierrez

Janet Gutierrez’s Answers

210 total


  • What are my rights and options if Landlord is breaching lease and failed to disclose pertinent info prior to moving in?

    I am recovering from Cancer/Chemo, rented in an Affordable 55+ community. Presented Drs ltrs/medical docs to disclose why the need for clean air surroundings and gated access. On move in day we found a 612 unit monster being erected right outside ...

    Janet’s Answer

    I agree that your health comes first. Their offer to help cover moving costs is a good sign. it appears they are at least trying to help. Save receipts of every related expense.

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  • Can landlord charge us in full for new carpet & installation?

    We are moving out of a complex that gave us a sizable bill, charging us additional $$ over our security deposit and "non-refundable" pet deposit--$135 for cleaning, $1,050 for carpet, $45 to de-flea (even though there are no fleas, but because "it...

    Janet’s Answer

    I've run into this problem before, especially with respect to the carpet. I agree with the other attorney that if you haven't moved out, you need to request an inspection. You should take pictures of everything. If you need help drafting a letter to the landlord, you can get help from an attorney. Otherwise, send the letter via certified mail.

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  • No notification of creditor's meeting. Party does not have a lawyer and I don't know whom to ask on the status of the case.

    Sued someone over unpaid borrowed money and won the small claims court case. I enforced my judgment and garnished wages. Two months later, she filed for bankruptcy. She does not have a lawyer and I have yet to receive information on the creditor'...

    Janet’s Answer

    If she filed in February, she should have gotten her discharge already, unless her case was dismissed. You may contact a local bankruptcy attorney to find out, or visit the courthouse at 325 West F Street, San Diego, CA 92101 and look up her name on Pacer to look up the case.

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  • One spouse on loan but two spouses on house title. would like to have the power of selling while protecting each spouse share.

    My lender approved me for a home loan with my name only. He also allowed me to put my wife name on the house title if i want. I'll be paying the mortgage and most 95% of the down. Now the goals are: 1) have the power of selling; 2) protect each sp...

    Janet’s Answer

    I agree with attorney Martin. I recommend that all my clients that purchase a home also invest in estate planning. Now that you've made an investment in real property, you want to protect it for you and your heirs. As attorney Martin explained, you can be the trustee and assume all powers of the trustee, including the right to sell, refinance, and more.

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  • Can my fiancées ex wife lose custody if her sexual orientation is influencing negative behavior on the kids?

    My youngest stepdaughter has mentioned to her father and I about how she's witnessed her mother and her partner having sex and doesn't feel comfortable when they kiss and all that stuff. We are currently working with lawyers to try and get full cu...

    Janet’s Answer

    I don't know how young your stepdaughter is, although walking in on your parent(s) having sex is tough at any age. However, it is not illegal. Your stepdaughter's mom hasn't done anything illegal. Moreover, you mentioned sexual orientation and no, that can't be used against the parent to gain full custody because that is not illegal either.

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  • I am 4 months pregnant, unmarried . If I wait until after the baby is born, can the father stop me from moving 3 hours away?

    The move will still be in California.

    Janet’s Answer

    I tagged this so you also get responses from family law attorneys.

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  • Harassed by former co-worker

    I need assist with an ex coworker who is harassing me. I left a job I loved to remove my self from her and now she is showing up at my current place of employment! Background: she presented herself as a hospice nurse to my family member and le...

    Janet’s Answer

    Were you ever involved with her? The reason I ask is that the type of order you require is different if the two of you were ever involved.

    Since you don't mention it here, I will assume you were not. You can file a petition for a civil harassment restraining order. I agree with other attorneys that you should notify your employer.

    Most attorneys offer a free 30 minute consultation. You may want to meet someone to discuss the other suggestions provided here, such as sending a cease and desist letter.

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  • Western Dental does not want to re-do crown & bridges. Should I finish paying for something I don't like?

    Last June 2014 I got crowns & bridges done on my upper teeth. First permanent got removed do to being, long, bulky and wide. Only left side was left. front and back on right side got replaced. Gray areas show, and front ones are NOT straight. A ...

    Janet’s Answer

    If they did a bad job, you have to tell them. If the job they did is not worth the money you paid, and you don't pay them, and they come after you for the difference, your defense would be that they breached the agreement first because they did not perform all of their obligations under the contract. I would write to them and outline everything that has been done and every problem you've had, and demand that they correct the problem or you will have no choice but to file a lawsuit to recover the money you've paid them so you can get the work done somewhere else.

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  • Can I gety car back without paying the impound fee

    I was arrested for driving without a license and transporting weed with intent. The DA didnt file in time and the charges were rejected. I got my weed back and I want to get my car back without paying the 2000 dollar impound fee. The cops never wr...

    Janet’s Answer

    Sounds like you dodged a bullet. I would pay the impound fee to avoid having to prove anything in court.

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  • What can I do as being the tenant of a room that isn't being fix as it was told by the landlord and it's infected with roaches?

    I moved to a room on the 8/2/15 and without knowing the repair of the closet light wasn't done as it was meant to and with that also after moving I realize that the house is infested with roaches with she didn't told me, that the window on the roo...

    Janet’s Answer

    GET OUT OF THERE! Take Pictures of the room and the house and write the landlord a letter via certified mail where you indicate when you notified her of the needed repairs, how much time passed, and which repairs have not been made, but more importantly-- where you tell her the premises are uninhabitable and that you have no choice but to move out. Demand your security deposit back.

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