Rosemary Amezcua-Moll’s Answers

Rosemary Amezcua-Moll

Orange Business Attorney.

Contributor Level 6
  1. I paid off a old 4 year payday loan to a collection company, turns out the company closed so it's stil showing as if wasn't paid

    Answered over 2 years ago.

    1. Rosemary Amezcua-Moll
    2. Richard Scott Lysle
    2 lawyer answers

    In California, debt collectors are required to give you notice of your right to dispute the claim. It sounds as though you have evidence to support a dispute. I would immediately send a letter articulating the reasons for your dispute to the company or companies sending you the collection letters. Further, you can also contact the credit reporting agencies and advise them (in writing) that you dispute the debt they are claiming. Once the credit reporting agencies get the notice of dispute,...

    2 lawyers agreed with this answer

  2. Unemployment appeals hearing again JP Morgan Chase

    Answered over 2 years ago.

    1. Rosemary Amezcua-Moll
    2. Michael Robert Kirschbaum
    3. Nicholas Basil Spirtos
    3 lawyer answers

    An Unemployment Appeal is an administrative hearing and the rules regarding hearsay are not the same as in a court of law. You can raise the argument that the credibility of the testimony is suspect as the person with the alleged knowledge is not there to testify. The employer bears the burden of proof and so the EDD should weigh the evidence accordingly.

    1 lawyer agreed with this answer

  3. I am shortselling.My tenant wont move.Owes me 2000. I want to move now. I want to shut off util. How do I get her out now!Help!

    Answered over 4 years ago.

    1. Rosemary Amezcua-Moll
    1 lawyer answer

    If rent is past due, you need to send the appropriate notice per law to cure or quit. There is the possibility that the tenant will pay and then resume the lease (if there is a written lease in place). If there is no written lease in place, then it is legally presumed to be a month to month lease. You will still need to send the appropriate notice to begin the process. Once the time expires on the notice, you can then begin the eviction process. You will need to file an unlawful detainer...

    1 person marked this answer as helpful

  4. Injunction against Chase Bank UTMA

    Answered over 2 years ago.

    1. Rosemary Amezcua-Moll
    2. Mary Lynn Symons
    2 lawyer answers

    The question posed needs more details to adequately answer the question thoroughly. If one wishes to seek an injunction, one must first have a lawsuit on file. There are specific legal elements that need to be meet and you must be prepared to post a bond should you prevail on the injunction.

  5. Paid for a yr contract at a gym, business was sold. Is the new owner obligated to honor the contracts, including refunds?

    Answered over 4 years ago.

    1. Rosemary Amezcua-Moll
    2. Mark Holmes
    2 lawyer answers

    Without seeing the contract you signed, it is difficult to give you a complete answer. With that, I suggest that you read the contract in its entirety to see if it has a clause that addresses it being assigned or assummed. If the clients were in fact moved over to the new gym as you state in your question, that is an implication that the new owner bought the clients as part of the purchase/acquisition. As such, a strong argument would exist that if they bought the clients then they are...

  6. How much can I collect from a labor claim?

    Answered over 4 years ago.

    1. Rosemary Amezcua-Moll
    1 lawyer answer

    If your employer stopped payment on your final paycheck and the wages were lawfully earned, not only are they subject to California Labor Code 203 waiting time penalties (up to 30 days at your daily rate of pay), interest and attorneys fees (if you hire an attorney) but I suggest you also look at California Civil Code 1719 which provides you with the ability to send the prior employer a letter demanding that they replace the bad check along with the fee you incurred within 30 days from the date...