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Timothy Bryan Liebaert

Timothy Liebaert’s Answers

98 total


  • My daughter is 19 and signed a lease with her now jailed ex-boyfriend. She has no income. Can she legally get out of the lease?

    She and her (now ex) boyfriend signed a lease in Jan 2010. She is a student, has no job and no credit. She is listed as the co-applicant. He is currently serving a 40 day jail sentence and has not paid any rent for the past 4 months. She has be...

    Timothy’s Answer

    If she is on the lease, she is liable regardless of anything else. Having said that, if the landlord had specific knowledge of the "basis" for renting, then a doctrine called "frustration of purpose" can kick in. In most situations, the landlord will not know of a specific reason for entering into the lease. Contrast the situation where a person rents from a family member knowing that the purpose of the tenancy is for a family to live there. Then, there is a divorce. Under that situation, the court may very well apply the doctrine and allow the person out of the lease.

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  • I have several business names within San Diego, ca. These businesses names are being used by several companies.

    These companies have been in business for years. They fell asleep and didn't register their names with the county for over 5 years. Can I give them a cease and desist letter and make them stop business under my declared names ?

    Timothy’s Answer

    I would say yes. If your business has a trademark it would be more sure. However, if your business has acquired a secondary meaning (such as In and Out colors and design) it would be even more sure. This is a very fact specific question. More information about the particulars would be required to provide a more solid answer. However, on balance, again I would say yes.

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  • My 13yo took etoh to school in 12/09 & now marijuana in 05/10

    My 13yo lives with his father who has legal & promary custody. In 12/09 he took etoh from his dad's home to school, got caught & was suspended. In 4/10 he was accused of providing pills to other students on the day I took him to school, he was sus...

    Timothy’s Answer

    The question you presented sounds rather simple. It is not your ex-husband's position to alter visitation because he thinks you are at fault. That decision is left to Family Court Judges.

    Now, if you were dangerous or not watching your son well enough, he has an argument that the court could support. Again, however, what will the court support? The court will normally support visitation---unless there is a good reason for the judge to curtail visitation. Did you let your kid drive your car to a rock concert? Did you give your kid a loaded gun to play with? Did you let the 13 year old walk home two blocks at 2:00 a.m., after leaving a garage party?

    Did your son walk two blocks from a trusted friends home at 3:00 in the afternoon?

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  • What rights to i have as a beneficiary on a living revocable trust

    I am one of three siblings named beneficiary to my mothers home to be sold upon her demise. And her assetts split. My sister has moved in with her last year. She was diagnosed by her physican with dementia at that time. Since then there have b...

    Timothy’s Answer

    Normally as a beneficiary under a "revocable" trust you do not have any rights because the trustor can change the trust at any time. That is why it is revocable.

    In your situation if your mother has dementia, in a legal sense, she cannot change her trust and she cannot enter into contracts.

    What would be needed is a Petition in the Probate Court for Conservatorship. A Conservator, a person who is the closest living relative and a responsible person, would be appointed to manage your mother's affairs.

    Then, perhaps, a Petition to Instruct the Trustee (who is probably your mother at this time) would be in order and maybe even a complicated legal procedure called a Petition for Substituted Judgment, at some point in time.

    Again, if she was really diagnosed with senile dementia, then no one should be allowed to bend her will. Otherwise, someone could sell her the Brooklyn Bridge, right?

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  • My father just died. no will and no trust. my mom is still alive. I am not sure what i need to do.

    They owned the home as Joint Tenants. One vehicle is in both name and all of the rest are in his name alone. All but one credit card are in both names as well as a line of credit. Her income has been cut to 1/3 since his pension and social securi...

    Timothy’s Answer

    So long as your folks are still married, everything that was owned by them is community property. There should be nothing that you need to do to make sure that your mother owns everything. Sometimes there are control issues...such as a bank account even in one spouse's name. That can be a hassle but can be worked through.

    It would help to ensure that your mother has a will and a trust.

    It is unfortunate that your mother's income has been diminished. Many creditors understand a spouse dying and will work with you to reduce and in some cases eliminate debt. If the situation is severe then bankruptcy can wipe out the vast majority of consumer debt.

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  • Can the Romero Motion help my fiance's case and if requested at sentencing, how long does it take to grant it?

    My fiance has 1 strike and was on parole for 7 months before he got into trouble. He received a stolen check (was not aware) and went to the bank to deposit in his account and was arrested. He did not receive any funds. In court he was offered 32 ...

    Timothy’s Answer

    A Romero motion derives from a 1996 case called People v. Romero. In Romero the California Supreme Court said that in sentencing, a judge can ignore a defendant's prior criminal record. A Romero motion is sometimes called a "motion to strike a strike."

    A Romero motion is hard to win. However, if there is some light that it could prevail then it should normally be made. Sometimes there can be reasons a defense attorney may suggest not to make such a motion. A motion in California is normally heard within about 30 days after it has been filed. The court can rule on the motion at the time of hearing or take it under advisement and rule later.

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  • Can I be held accountable for not smogging my car before selling?

    The buyer and I signed a bill of sale for "as is" without it being smogged. Can he sue me?

    Timothy’s Answer

    Yes. The law says the seller must smog the vehicle before selling. It does not get any more complicated than that. It is quite simple, actually.

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  • Can I be held accountable for not smogging my car before selling?

    The buyer and I signed a bill of sale for "as is" without it being smogged. Can he sue me?

    Timothy’s Answer

    Yes. The law says the seller must smog before selling. It does not get any more complicated than that.

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  • Is it legal for me to raise rent?

    I live in the San Bernardino County of California. My tenant is currently on a month to month since the year lease was up since September 2009. I received a letter from my mortgage company stating they were going to raise my monthly payment due to...

    Timothy’s Answer

    Sometimes this "kind" of question cracks me up. The reason being is that anything is "legal" that is not "illegal." For the most part.

    Sure. You can raise the rent. Provided (1) it is consistent with your rental agreement; and (2) you are not in some sort of rent control area.

    I am not too familiar with many rent controlled areas in California. Many exist at Mobile Home parks. In mobile home parks, the owner of the park usually cannot simply raise rent but must go to the City or County and go through a variety of procedures before raising the rent.

    In most if not all apartment complexes that I am aware of, rent can be raised at the whim of the landlord.

    Having said that, if there was a long term lease, of course you cannot raise rent in derogation of the lease. In a month to month situation, you can raise the rent and if the tenant does not like it they can move out. That is how a free market economy works.

    Now, there may be some "notice" requirements and I do not express an opinion with regard to any kind of notice you may need to give. To answer that question your lease would have to be reviewed. Also, to answer this question fully you would need to research the local City Code or County ordinances to make sure there are no rent control provisions by which you are governed.

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  • I want a change of domicle for my children. i live in california they live in MI where should i file, the michigan town is crook

    my ex knows the judge prosecuting attorney, mediator. even when i got a court date for july, they called my ex and told him. when i asked for school records, the school contacted my ex and told him, then they tried to lie to me that they did not. ...

    Timothy’s Answer

    Howdy.

    This is very typical in many family law matters. I think you really need to get some professionals in to help you. Perhaps an attorney and also a counselor---particularly if one or more of your children is suffering and acting out.

    Typically, the court where the divorce or other orders issued regarding custody has sole jurisdiction. Under the Uniform Child Jurisdiction Custody Act, you cannot change the residence of the children until they have actually lived in a new area for six months.

    That means you cannot change their domicile simply by filing for some kind of legal relief in a new area.

    If there is some reason to wrest custody of the children from one spouse then that is another question.

    I would also suggest that you seek counseling. I am personally not too big on the counseling issue. However, any attorney that read your question and did not suggest counseling as one way to get through this mess, I believe, perhaps would not be all too caring.

    There are a variety of family law orders you can seek to prevent the other spouse from "ripping" on you in front of the kids. Such an order would be punished by way of contempt of court.

    You would need an attorney on this kind of stuff, unless you are adept at wading through the family law court system.

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