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Michael Robert Bracamontes

Michael Bracamontes’s Answers

113 total


  • My Tenet is breaking a lease agreement before occupancy and paid part of the deposit what is my options now.?

    I am Home Owner in California that on February 27 signed a lease agreement that will end on March 2013 !! That lease would begin in March 25 2011. At the day of the agreement The tenet pay a part of the deposit in the amount of $600 and a wee...

    Michael’s Answer

    You can sue the tenant for breach of contract, but you have an obligation to minimize your damages by attempting to re-rent the property. You should probably wait until you re-rent the property before you sue so you can determine the extent of your damages (and whether you should bring the claim in small claims court or superior court.)

    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.

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

    In october 2010 the land lord and i had agreed to show the house to potential renters due to the fact i couldnt afored to pay the amount i was paying .because of lay off from work,anyways in november the house was reported to the city for illeg...

    Michael’s Answer

    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 at that time, then you would be allowed to stay.

    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.

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  • I was fired from my job 1 had a year probation period i had been there 6 months i hurt my hand at work was put on light duty

    but was told to do my regulare job functions he didnt even look at my docters note i had called in a couple of times always talked to someone when i was supposed get my cast the next day he said this isnt working out and was let go

    Michael’s Answer

    I agree with my colleague Mr. Sweat that you should immediately consult an attorney to discuss possible claims. I recommend that you speak to 2 or 3 attorneys before you decide which one to hire. Litigation is slow moving and you will be dealing with your attorney for an extended period of time. It is important that his/her personality is compatible with your own.

    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.

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  • MY HUSBAND GOT LAID OFF FROM HIS JOB ON 10-09-09 AND BEEN WITH TEAMSTERS LOCAL 70 FOR 2 YEARS BEFORE HE GOT LAID OFF WHEN HE GOT

    LAID OFF HE WAS LOOKING FOR A JOB ALMOST EVERYDAY HE IS TRYING TO AVOID COLLECTING UNEMPLOYMENT AS POSSIBLE AS HE CAN THEN AFTER SIX MONTHS ON 4/10 HE APPLIED FOR EXTENSION AND HE CONTINUES GETTING BENEFITS UNTIL 9/10 AND ALL OF THE SUDDEN HIS WOR...

    Michael’s Answer

    You should definitely contact a local attorney just to find out how much it would cost to have someone represent you at the hearing. Given that the hearing is coming up, you should also ask for a continuance to give you more time to research getting an attorney involved.

    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.

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

    I was arrested under penal code pc69 a few months ago. The day i showed up for my court date, my name wasn't listed. I found out that my case had been rejected. I recently had to submit a background check to my job and i just got the call i'm fire...

    Michael’s Answer

    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 recognizance pending trial.

    Nothing in this 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 recognizance pending trial.

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  • If I was getting paid under the table, can my boss require me to fill out a 1099?

    I worked for an employer that was paying under the table. I applied for unemployment to assist me and my older boss contacted me, stating that since they have his business name and my ssn, I have to file 1099. Is this true?

    Michael’s Answer

    You should contact your county bar association for a referral to an employment attorney. Depending on the nature of your work and how much you were being paid, your employer may have violated certain wage laws including, but not limited to overtime compensation and minimum wage.

    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.

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  • 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...

    I am firing my first attorney for lack of progress in my case (no litigation after a year) and for changing his professional opinion every week, manipulation, and lying to me and the opposing counsel which I have proven and subsequently called the...

    Michael’s 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 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.

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  • Do i need an attorney?

    my boss was disclosed 6 months prior, that i have a prescription for medicinal cannabis, and she just now had me drug tested knowing full well it would come up positive. i have not given reason to suspect me of medicating while at work or before ...

    Michael’s Answer

    You should contact the Fresno County Bar Association for a referral to a local employment attorney. Their phone number is (559) 264-0137. You may have a discrimination claim based on a disability but you would need to sit down with an attorney and give him/her more facts.

    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.

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  • Do i have a case/

    i was fired at work because i access email acct of my co-workers. and found out the two of my coworkers where gossiping about me and my other co-workers. i hv presented a copy to HR but they said the i access their email acct without their permi...

    Michael’s Answer

    Unless you were their supervisor, and the company's privacy policy allowed you to access their emails, you probably do not have a case.

    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.

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  • As Union Employee (SEIU-UHW) who do I sue for wrongful termination? the employer I provide care for or the city of Sf.

    I am a Union Employee (SEIU-UHW)who provides care as personal assistant. My checks are paid thru State of California. I was let go because I did not provide my employer enough notice to attend a Union Rally. Then he (client) started leaving me d...

    Michael’s Answer

    You should review your collective bargaining agreement as there may be necessary steps you have to follow to file a grievance. You should also consult with an attorney experienced in representing union workers as well, since your claim may ultimately be against the union for their failure to properly represent your interests.

    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.

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