Roman Michael Whittaker’s Answers

Roman Michael Whittaker

Palm Desert Litigation Lawyer.

Contributor Level 6
  1. What do I do after I filed request for entry of default against a contractor who put a lien on my property and did not answer?

    Answered about 1 year ago.

    1. Shaun K. Boss
    2. Thomas Patrick Quinn Jr
    3. Douglas Patrick Flaherty
    4. Roman Michael Whittaker
    4 lawyer answers

    The answers provided are all correct. There are strict timelines within which a contractor must file a complaint to foreclose a mechanic's lien. If the deadline is passed, you can petition the court to release the lien and recover some costs and attorney fees. If you filed your own complaint against the contractor, I suspect it was for breach of contract or negligence or some violation of the contractor's license law. A petition to release the mechanic's lien will have to be brought separately...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. In CA can a sub contractor without a license put a mechanics lien on a property and did not sign a contract with the owner?

    Answered over 1 year ago.

    1. Roman Michael Whittaker
    2. Richard A Umbenhauer
    3. Marc Steven Homme
    4. David Thien Tran
    4 lawyer answers

    A subcontractor who has not contracted directly with the property owner must serve the owner with a preliminary notice within 20 days of commencing work on the property as a condition precedent to recording a mechanic's lien against the property and no contractor is entitled to record a mechanic's lien unless they were licensed at all times they performed any work. There are also strict timelines for the recording of a mechanic's lien and the filing of suit to foreclose a mechanic's lien that...

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  3. My HOA is trying to garnish my wages and bank accounts, what recourse do I have?

    Answered almost 2 years ago.

    1. Roman Michael Whittaker
    2. Richard Scott Lysle
    3. Frank Wei-Hong Chen
    3 lawyer answers

    You only have a few options at this point: You could try and set aside the judgment and defend on the merits, but I'm not sure you will have much of a defense to assert, as you are responsible for your HOA dues. You can defend against each collection procedure (wage garnishment, bank levy, etc.) by filing a claim of exemption, but you are likely going to end up having to make some regular monthly payment that the the court determines reasonable. Alternatively, you could talk to a bankruptcy...

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  4. During 10 years of marriage with severe abuse cruelty and distress my divorce is final this year but despite a declaration

    Answered over 2 years ago.

    1. Roman Michael Whittaker
    2. Richard Eric Anthony Dwyer
    3. Quinton Ray Swanson
    3 lawyer answers

    Call the police and demand that a police report be prepared. You can also request that the Court issue a restraining order under these circumstances. Any hard evidence that you are able to gather and present will certainly help. Finally, if you are dissatisfied with your lawyer, you should get a new one.

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  5. Notice of Opposition of Mediator

    Answered about 3 years ago.

    1. Roman Michael Whittaker
    2. Douglas James Pettibone
    3. Pamela Koslyn
    4. Mark K. Ameli
    4 lawyer answers

    I'm assuming your case is venued in Indio. I have seen judges in Indio order cases to mediation, though mediation is usually ordered per stipulation of the parties. If the court was involved in appointment of the mediator, you are probably part of the Riverside County Bar Association's or Desert Bar Association's Mediation Program, which is provided at no cost to the litigants (limited to a maximum number of hours). If you have cause for objecting to the appointed mediator (bias), you should...

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  6. What can my HOA legally do to keep me from parking in my driveway?

    Answered over 1 year ago.

    1. Roman Michael Whittaker
    2. Michael Raymond Daymude
    2 lawyer answers

    The first step is to carefully review the CC&Rs and any accompanying rules and regulations governing your community to determine the exact scope of the restriction and any possible exceptions. If you are truly out of compliance, the CC&Rs likely allow the HOA to impose fines against you and to put a lien against your home. If you continue to violate the CC&Rs and fail to pay the fines, the HOA may foreclose upon the lien. California law affords homeowners certain alternative dispute resolution...

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  7. How can I protect my dads property left behind in the home I co-own with my ex boyfriend after he gave dad notice to vacate?

    Answered almost 2 years ago.

    1. Roman Michael Whittaker
    1 lawyer answer

    No lockout can be done until an unlawful detainer judgment for possession is entered by the court. If there is no judgment yet, the notice you are referring to is likely a pre-complaint notice, meaning that the landlord hasn't yet even filed an unlawful detainer complaint. If an unlawful detainer judgment has been entered and the sheriff's notice to vacate is final, the notice to vacate must be served at least 5 days before the sheriff may perform a lockout. That notice must also include a...

  8. Employer working for The Aerospace Corporation has a contract from The Aerospace Corporation

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Roman Michael Whittaker
    2 lawyer answers

    This sounds more like a partnership or family law issue than a labor/employment question. If you plan on getting a divorce, you need to get a good local family lawyer to protect your rights in the business. If you don't plan on getting a divorce but want to wrestle back control of the business from your husband, you need to get a good business lawyer. I can give you a referral to some good family lawyers in the Coachella Valley and can certainly assist on the business side of things if you...

  9. Can i break my lease due to cockroach infestation?

    Answered over 4 years ago.

    1. Melissa Cari Marsh
    2. Roman Michael Whittaker
    2 lawyer answers

    After putting the landlord on notice of the problem and allowing a reasonable time to have the problem fixed by the landlord, the tenant generally has a right to have the problem fixed themselves and may deduct the cost of the fix from rent if the landlord fails to take action. However, such "repair and deduct" rights may be affected by provisions within the lease. You should talk to a lawyer.

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