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Rosemary Amezcua-Moll

Rosemary Amezcua-Moll’s Answers

6 total

  • Injunction against Chase Bank UTMA

    Would it be terribly naive to attempt to have an injunction granted against Chase Bank? I am being denied successor trustee status by Chase Bank over my kid's UTMA accounts. The accounts (CD's) matured, and (grandma died), I wanted to move the ac...

    Rosemary’s Answer

    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.

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  • 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

    So now I've been getting contacted by all kinds of so called collectors saying I owe them and I have to pay or I'll be taken to court, is this possible? I have a paid in full letter from the place that I made the payment to but supposedly the acco...

    Rosemary’s Answer

    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, they then contact the company/companies reporting the information and they are required by law to remove any incorrect/inaccurate information. The "kicker" is that it must be inaccurate information to be removed. The more evidence you provide the better chances of success in getting the negative information cured.

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  • Unemployment appeals hearing again JP Morgan Chase

    My former employer has hired an attorney to represent them if the lawyer relays quotes from the manager about my wrongdoings can I object to the statements for hearsay since they are quoting from my managers? And if my manager quotes my direct sup...

    Rosemary’s Answer

    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.

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  • 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!

    I'm not as concerned about the rent as I am getting her out. She wont communicate and avoids all contact with me. She is a real 'sponge' Now she claims some of her belongings were stolen. I have a nut on my hands and just want to get out of this ...

    Rosemary’s 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 in the proper jurisdiction, have the tenant served and wait to see if she answers. If not, you request a default judgment and seek a writ of possession. That is a brief description of the process, but timelines and details are all tied to your particular facts (pertinent ones that were not indicated within your question). You should be able to evict the tenant but it will have to be done in compliance with the law which is very procedurally driven.

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

    Five months ago, I purchased a year contract at a gym. The business was sold this month. The clients were moved over to the new gym/location/business. The new owner says he does not have to honor the contracts and that he is not obligated to give ...

    Rosemary’s Answer

    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 therefore bound to assume the contract you entered into with the prior owner(s). As for receiving a refund, this should be answered in the contract as well. Review the contract for a provision that addresses refunds and if and when they are allowed. If all else fails, try to negotiate with the new owner. To me it does not make good business sense for a new owner to want an upset client (you) as they are taking over a business. Perhaps they can work with you on something that you both can live with.

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  • How much can I collect from a labor claim?

    I was recently let go from my job in California. My employer has since put a stop payment on my last paycheck and I have had to pay back his bank for cashing my paycheck. I'm going to file a claim with the labor board but I heard I can collect a...

    Rosemary’s 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 of your demand letter or be liable to you for treble damages of $100.00 up to $1,500.00. Under California Civil Code 1719 you can also recover the fee you paid for the bad check up to $25.00. If your employer engaged in this conduct wilfully, I suggest you explore their other practices to see if there are other violations. You can also go to your local police department and file a claim with them regaridng the bad check as it is a crime to intentionally write bad checks. These are all steps you can handle on your own if you prefer. The Department of Labor Standards and Enforcement (aka the DLSE) has jurisdiction to handle the Labor Code 203 violation and the California Civil Code 1719 letter can be sent once you pull the code and use the sample language. Good luck!

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