Michael Robert Bracamontes’s Answers

Michael Robert Bracamontes

San Francisco Personal Injury Lawyer.

Contributor Level 11
  1. Security service contract

    Answered about 6 years ago.

    1. Michael Robert Bracamontes
    1 lawyer answer

    Without reviewing the contract, you are entitled to cease payment if you feel that ADT has materially breached the terms of the contract. In other words, have they failed to live up to their end of the bargain. Their customer service folks are certainly going to tell you that you are liable for the remaining contract amount but that does not make it so. Depending on the amount of the contract, you may be able to settle this matter in small claims court. Disclaimer: You should discuss your...

    1 lawyer agreed with this answer

  2. Tenant/landlord

    Answered about 6 years ago.

    1. Michael Robert Bracamontes
    1 lawyer answer

    A landlord cannot charge you for normal wear and tear to the apartment (or home in this case). If you haven't moved out yet, you are entitled to have the landlord conduct an inspection and have them explain what deductions they plan on taking from the security deposit - thereby giving you a chance to remedy the issue. If you have already moved out, the landlord must provide an itemized statement within 21 days detailing why any portion of the security deposit was retained. Along with the...

    1 lawyer agreed with this answer

  3. If I won a settlement and all my money is not payed out to me or to the EDD disability where has my money gone???

    Answered almost 4 years ago.

    1. Michael Robert Bracamontes
    2. Lowell Hale Steiger
    3. Michele G Pearson
    4. Charleen E. Merced Agosto
    4 lawyer answers

    You can contact your county bar association for help commencing a fee dispute. 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-client relationship.

    1 person marked this answer as helpful

  4. Are there Squatters rights in California?

    Answered almost 4 years ago.

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

    Only if you have paid the property taxes, been there 5 years and met other criteria, may you make a claim for adverse possession. 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-client relationship.

    1 person marked this answer as helpful

  5. If my landlord is being sued by the city due to a building code violation ,can he evict me for unpaid rent?

    Answered almost 4 years ago.

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

    The answer depends on whether the outstanding violations are a substantial breach of the warranty of habitability under civil code 1941. In other words, do the violations amount to a significant health, safety, or sanitary violation? If they do, then breach of the warranty is a defense to an eviction. However, a judge or jury may find that the violation only amounts to a $300 rent credit per month, at which time you will have to pay all the back rent or get evicted. If you are able to pay...

    1 person marked this answer as helpful

  6. If i'm not convicted of a crime, why is my job firing me?

    Answered almost 4 years ago.

    1. Robert Marshall Sanger
    2. Michael Robert Bracamontes
    2 lawyer answers

    The answer to your question depends on when the background check was performed and what the status of your criminal charges were at the time they were performed. It is illegal for an employer to make employment decisions (hiring, firing, etc.) based on arrests alone. See Cal. Labor Code 432.7. However, nothing in that section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own...

    1 person marked this answer as helpful

  7. I am in the process of firing my current lawyer. Since I was on a contigency, will the first lawyer be entitled to 40% of...

    Answered almost 4 years ago.

    1. Michael Robert Bracamontes
    1 lawyer answer

    Generally speaking, most attorneys will have language in their contingency fee retainer agreements that gives them a lien on the case if the client decides to terminate them prior to settlement/trial. Usually, the lien amount would be for the time they actually put into the case multiplied by their hourly rate. Check your retainer agreement. You can also contact the Orange County Bar Association to help resolve any fee dispute. Disclaimer: You should discuss your situation with a local...

    1 person marked this answer as helpful

  8. Does a tenant have the right to know that his building has bed bugs?

    Answered almost 4 years ago.

    1. Michael Robert Bracamontes
    2. Robert Jan Suhajda
    2 lawyer answers

    You have a right to know if the bed bug infestation has spread to the common areas. A landlord has an obligation to keep common areas clean and sanitary (and free from rodents or pests). Contact the landlord in writing. You can also contact the City Building Inspector. 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...

    1 person marked this answer as helpful

  9. What happens if a process server ask a tenant(defendant) if there are unnamed occupants in the house, the tenant says no,

    Answered almost 4 years ago.

    1. Michael Robert Bracamontes
    1 lawyer answer

    It will be up to any unnamed occupants to file a post-judgment claim to the right of possession in order to enforce their rights. 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-client relationship.

    1 person marked this answer as helpful

  10. Eviction of tenant and recovery of rents due.. relatively large amount of money. Technical questions, how best to proceed..

    Answered almost 4 years ago.

    1. Michael Robert Bracamontes
    1 lawyer answer

    If the unit has been in the same condition since 2010, you should seek all of the back rent in the current unlawful detainer. Your verbal testimony that he always paid rent with a check, along with your written records of payment will be your proof that rent is due and owing. 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...

    1 person marked this answer as helpful