Michael Robert Bracamontes’s Answers

Michael Robert Bracamontes

San Francisco Personal Injury Lawyer.

Contributor Level 11
  1. Can promissory estoppel and unclean hands be used as a affirmative defenses in an unlawful detainer action?

    Answered over 3 years ago.

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

    You may need to file an affirmative action to get money from the landlord since the UD is only about possession of the subject premises. A landlord cannot retaliate against you by eviction just because you are exercising your rights. You should definitely contact a landlord tenant attorney in your area. Check with the county bar association for a referral. Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take...

    1 person marked this answer as helpful

  2. Are we responsible for repairing the heater if it stops working?

    Answered over 3 years ago.

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

    If this is a residential lease, and not a commercial or business lease, then the landlord has the responsibility to keep the unit in good repair - including fixing the heater. It doesn't matter what the contract says. A tenant cannot waive that right. 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 person marked this answer as helpful

  3. Daly city tenant right!

    Answered almost 4 years ago.

    1. Michael Robert Bracamontes
    1 lawyer answer

    The landlord has an obligation to keep the premises in good repair (Civil Code 1941). The landlord's failure to act may very well constitute a breach of the warranty of habitability. Feel free to contact me for a free 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-client relationship.

    1 person marked this answer as helpful

  4. My wife left me and took my son without any notice. I think she took him out of state, what are my options to get him back?

    Answered over 5 years ago.

    1. John M. Kaman
    2. Michael Robert Bracamontes
    2 lawyer answers

    California law strongly favors frequent and continuing contact between both parents and their children. A parent that interferes with the other parent's relationship with the children, risks losing custody or having custody granted to the other parent. Child abduction is taken seriously, and absent some immediate danger to the children, can bring serious consequences. You should consult with a local attorney as soon as possible and file an ex parte application to get the children back or at...

    1 person marked this answer as helpful

  5. New Landlord opens prison

    Answered almost 6 years ago.

    1. Michael Robert Bracamontes
    1 lawyer answer

    This is an interesting question. Did the landlord recently install the gate? Every lease in California contains an implied covenant of quiet enjoyment. In other words, the landlord may not substantially interfere with you use or enjoyment of the property. It sounds like there's an argument to be made that the landlord is interfering with your ability to use your apartment, by effectively putting a gate around your unit and impeding access to the apartment. You should definitely seek local...

    1 person marked this answer as helpful

  6. Need help defending my advertising agency's contract with client.

    Answered almost 6 years ago.

    1. Michael Robert Bracamontes
    2. Douglas Anthony Dube
    2 lawyer answers

    You should contact the Orange County Bar Association for a referral to an experienced attorney. Their phone number is (949) 440-6747. I believe they charge a nominal fee for the referral. I would also be willing to review the contract although I am in Northern California.

    1 person marked this answer as helpful

  7. Does my employer owe me for back pay? Can I sue?

    Answered over 3 years ago.

    1. William Ira Corman
    2. Michael Robert Bracamontes
    3. Frank Wei-Hong Chen
    3 lawyer answers

    The Division of Labor Standards Enforcement can determine whether you are entitled to pay and they will also conduct a hearing. You may also want to speak with an attorney to determine if there are other potential claims you may have against the employer aside this wage and hour issue. 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...

  8. Can I sue an ex-employer for keeping a restaurant open despite having expired permits?

    Answered over 3 years ago.

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

    No. 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.

  9. How often can a tennant be served a unlawful detainer in sf ca?

    Answered over 3 years ago.

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

    While the service of unlawful detainers cannot in and of itself be the basis for a harassment or retaliation claim, you should contact a local attorney to discuss your tenancy and the situation. This is especially true if you are in a rent-controlled unit and you think the LL is trying to unlawfully evict you. 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...

  10. Can a guest of a tenant be asked to leave if she scares other tenants (crazy) but has never officially threatened or approached

    Answered over 3 years ago.

    1. James Vincent Sansone
    2. Michael Robert Bracamontes
    3. Scott Joseph Fruchter
    3 lawyer answers

    The landlord has an obligation to address nuisances in the building. However, unless the lady is excessively loud for prolonged periods, or making lots of noise late at night, it is unlikely that her outbursts alone would constitute a nuisance (especially since she hasn't confronted anyone.) 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...