Michael Robert Bracamontes’s Answers

Michael Robert Bracamontes

San Francisco Personal Injury Lawyer.

Contributor Level 11
  1. How long before a trial must a subpoena be served in an eviction trial in CA?

    Answered about 4 years ago.

    1. Frank Wei-Hong Chen
    2. Michael Robert Bracamontes
    2 lawyer answers

    If the trial is continued or your mother does end up going, be sure to ask for witness fees and coordinate with the subpoenaing party concerning the time of testimony so your mother is not waiting in the hallway all day. But I agree, tomorrow morning is not reasonable. Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement...

    2 people marked this answer as helpful

  2. I am master tenant with an oral agreement with landlord, I am moving. How much can landlord raise rent on remaining subtenant?

    Answered over 5 years ago.

    1. Michael Robert Bracamontes
    2. Luis Alfonso Barba
    2 lawyer answers

    It is likely the landlord will be able to raise rent to market rate, provided he gives proper written notice. The landlord should, if he hasn't already, sent a 6.14 notice to the subtenant pursuant to San Francisco Rules & Regulations - that basically states that the roommate is an unauthorized subtenant. Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your...

    2 people marked this answer as helpful

  3. Is one spouse liable for the others debt after annulment?

    Answered about 6 years ago.

    1. Michael Robert Bracamontes
    1 lawyer answer

    Generally, all debts and income incurred or earned after the date of separation are the separate property of each spouse. If your spouse incurred debt after the date of separation, you should not be responsible for said debts. Feel free to give me a call for a free initial consultation. 415-835-6777. Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case....

    1 lawyer agreed with this answer

  4. Setting myself up as a business

    Answered about 6 years ago.

    1. Elena Rivkin Franz
    2. Michael Robert Bracamontes
    3. Kaiser Wahab
    3 lawyer answers

    If you own any assets, it's always best to form a separate entity such as a corporation, limited liability company (LLC), or limited partnership. That way, if you were to get into some type of business dispute or lawsuit, your liability would likely be limited to the company's assets and not your personal assets. Once you set up a separate entity, you can choose how you'll pay yourself (and pay taxes). For example, in an S-corporation the income of the business passes through to you...

    1 lawyer agreed with this answer

  5. Fraud in Real Estate Sale

    Answered over 6 years ago.

    1. Michael Robert Bracamontes
    2. Elena Rivkin Franz
    3. Gregory Paul Dolinajec
    3 lawyer answers

    Both the seller and the brokers could be liable to you for damages if they knowingly misrepresented the property at the time of sale. The merits of your case would certainly be affected by what disclosures, if any, were made in the contract of sale. How the property was advertised would also be important. Feel free to contact me for a review of the documents. Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take...

    2 people marked this answer as helpful

  6. Landlord/Tenant, Tenant rights, Pest Control

    Answered over 6 years ago.

    1. Michael Robert Bracamontes
    1 lawyer answer

    Every residential lease in California is subject to the implied warranty of habitability. A landlord is responsible for keeping the premises in a sanitary and livable condition. You should certainly call the health department or the department of building inspection. A tenant's obligation to pay rent is dependent on the landlord's duty to provide habitable premises. Whether the roach infestation rises to the level of a breach of the warranty of habitability requires more investigation and...

    2 people marked this answer as helpful

  7. Can a landlord evict a tenant for paying a water bill late which resulted in a lien on the propert in San Francisco

    Answered over 6 years ago.

    1. Michael Robert Bracamontes
    2. Avvo Staff Moderator
    2 lawyer answers

    In San Francisco, where a unit is subject to the Rent Ordinance, a tenant can only be evicted for just cause. The answer to your question depends on whether you were responsible for paying the water bill under the lease (which is arguably a form of nonpayment of rent) and whether your tenancy is subject to the Rent Ordinance. Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual...

    1 lawyer agreed with this answer

  8. What would happen to a business after it get sued

    Answered over 6 years ago.

    1. Michael Robert Bracamontes
    2. Douglas Anthony Dube
    3. Mark S Britton
    3 lawyer answers

    Generally, you have 30 days to respond, otherwise you risk the possibility of a default judgment being entered against your company. If you have not already done so, you should consult a local attorney. Most attorneys offer a free initial consultation. Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-...

    1 lawyer agreed with this answer

  9. CA landlord tenant law, how long is a tenant allowed to stay when not paying rent

    Answered over 6 years ago.

    1. Michael Robert Bracamontes
    2. Avvo Staff Moderator
    2 lawyer answers

    Once the due date has passed you may serve a three day notice to pay rent or quit. Once the three day notice expires you may file an eviction lawsuit, otherwise known as an unlawful detainer. Many tenancies in San Francisco are subject to the San Francisco Rent Ordinance which has very strict requirements concerning the contents of the three day notice. You should consult a local landlord attorney. Disclaimer: You should discuss your situation with a local attorney, as the above statement...

    1 lawyer agreed with this answer

  10. Royalty Free License Agreement

    Answered over 6 years ago.

    1. Michael Robert Bracamontes
    1 lawyer answer

    If you click on the image you are interested in, you can contact the person that uploaded the image directly. You would need to negotiate a licensing agreement with them for terms of use concerning the image, which I highly recommend you get in writing. You can also contact the site's client relations department for guidance.

    1 lawyer agreed with this answer