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Charles Jervis Mellor

Charles Mellor’s Answers

97 total


  • What are the different reasons a Unlawful Detainer case would be sealed?

    Original filing done 11/8/13. Defendants in home for more than a year. Petitioner claims a 3 & 30 day notice were served on 9/19/13. Answer was filed on time denying the petitioner ever served any kind of notice. Answer also shows receipt paid to ...

    Charles’s Answer

    In California, UD cases remain sealed for sixty days (60) from the date of filing. After that the UD records become public in most instances. (See Code of Civil Procedure 1161.2) As a party, you should be able to view the documents in actual court file at the Court house.

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  • Can I still be evicted?

    Notice of non renewal sent to me. I asked if I could stay on a month to month. LL said he would think about it. Never said it was not an option. He sends me a bill for the full month I am supposed to move out. So I figure he has decided to keep me...

    Charles’s Answer

    I agree with Attorney Broslavsky that some more details are needed. However, if the rent was tendered and accepted for the next 30 days, generally, the landlord would have difficulty arguing that the month to month is not in effect.

    Use Avvo to contact a Landlord Tenant attorney in your area and provide all the facts to him/her for sound advice.

    Good Luck!

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  • Can a pro per litigant in a divorce case ask for sanctions against the other party's attorney

    through a motion before the next scheduled event and does this cost anything?

    Charles’s Answer

    A request for sanctions against opposing counsel is generally appended to a Motion raising a viable issue with the Court. A request for sanctions is generally not the subject of a specific motion. If discovery rules are being violated a judge will look to remedy the infraction, not necessarily award sanctions in the absence of some egregious conduct. That is to say many Judges search for methods to resolve the underlying issue without having to impose sanctions.

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  • A work collegue has made a slanderous and unsubstantiated claim about my work practices, where do I stand legally

    The worker Stated to another work colleague, who then informed me what had been said..... that I was sacked from a previous employ because I had taken client medication... this is not true and I resigned from the company

    Charles’s Answer

    Your facts indicate that you resigned prior to any action by your employer. If such is the case, your ability to pursue the employer may be compromised. Use Avvo to find a attorney handling defamation in your area and share the facts with him/her.

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  • What is landlord's rights on individual who lived on the property that is not on lease? Lease specify "Only".

    It was just came to my knowledge that there are additional people living on the premises.The lease agreement specify one name only, however on a recent checkup,we found out that his girlfriend and their adopted daughter has been leaving in there f...

    Charles’s Answer

    Attorney Omar is correct. If the girlfriend was not on the Lease with you she has no recourse regarding a deposit from the boyfriend. Focus on the signatories to the Lease and comply with the statutory rules regarding the deposit.

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  • Do I need to pay rent during the time our mth to mth home is uninhabitable due to mold during remediation and construction CA?

    We contacted landlord as soon as we saw standing water. It took her a few days to get someone out here to assess. 6 kids, 1 with chronic lung disease, others are asthmatics. Been here 4 years, never missed a payment. No use of Kitchen stove an...

    Charles’s Answer

    Your situation is complicated, at best. There are various factors that will dictate your available remedies. You should contact a Landlord/Tenant attorney in the Temecula area for a consultation. Another resource would be the lawyer referral service of the Riverside County Bar Association. http://www.riversidecountybar.com/public-services/lawyer-referral-service

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  • My business and many other small businesses like mine are being sued for not having a handicap parking space, what should I do?

    Our parking lot is small and when we purchased the building it did not have a handicap parking space. We have never received any warning or been sited for not having it. We found out that the small businesses across the street from our store are...

    Charles’s Answer

    As the building owner you would be responsible for complying with the ADA provisions. A local Business attorney will be able to advise you as to the issues regarding compliance. It is indeed unfortunate that some attorneys utilize these statutes to extort nuisance settlements from the unwary.

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  • My ex-girlfriend & I purchased an rv. She had the note,(loan) put in her name only. I helped with the $ & making the payment.

    Am I legally bound to continue helping her with making the payment? I gave her $5000.00 to help with the down, & have been making the payments, & ins from a joint account..

    Charles’s Answer

    You indicate that you purchased the vehicle together, however the loan is in her name. It is not clear from your facts as to who owns the vehicle. That is to say, who is on the title. While the note may not be your legal responsibility, if you are on title there could be other risks. I would suggest that you consult with a local attorney who can ascertain all relevant facts. Use Avvo to find counsel in your area.

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  • Mediator recommendations???

    I have had a temporary restraining order on my husband for 3 months for domestic violence and child abuse. The mediator that interviewed both of us recommended he be the primary custodial parent and I only have 3 weekends a month. She said that I ...

    Charles’s Answer

    The Judge may or may not follow the recommendations of the Mediator. However, any opportunity to challenge the findings would require competent counsel. Use Avvo and contact a Family Law/Custody attorney in your area. As my colleague pointed out, many offer a free initial consultation.

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  • Am I still responsible of my car if I get a notarized letter saying my friend responsible for anything that happens to it.

    wail the car is still under my name am I still responsible even though I get a notarized letter saying his responsible if anything happens to the car.

    Charles’s Answer

    If your name is on the title, i. e. the "pink slip", you are responsible. A notarized letter would have little, if any, effect.

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