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Michael Robert Bracamontes

Michael Bracamontes’s Answers

113 total


  • Can I evict a tenant that claims his dogs are service animals?

    I recently learned a tenant is housing two large dogs when another tenant informed me the dogs had attacked another dog in a common area. I asked the tenant to get rid of the dogs as they were not permitted in the lease. The tenant agreed at f...

    Michael’s Answer

    San Francisco has very strict Rent Ordinance protections for properties built prior to 1979. You should contact a landlord attorney in the area or contact the San Francisco Bar Association for a referral before making any decision.

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  • Do I have A Personal Injury Case After a Fall?

    Two weeks ago I was dropping my daughter off at school & fell- I tripped from the walkway on to the stoop, requiring stitches on my face. At first, I thought it was just a freak thing where I somehow tripped, but when I brought her to school the ...

    Michael’s Answer

    You should contact an attorney in your area immediately. In many jurisdictions, there is a shortened statute of limitations against public entities. In California, you have to file a claim within 6 months of injury when a public entity is involved.

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  • The police raided my house ,broke windows and doors.

    hi can anyone give me some advice on this matter please. I am the owner of a house in easton , pa. I rent the second floor to some people. The police came 2 days ago and raided the place lookin for drugs and gun. I have no problem with that . I ne...

    Michael’s Answer

    You should contact a local attorney with experience in police brutality or excessive force. They are most likely the ones to take this case. Your county bar association should be able to provide you with a referral.

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

    One of the job protocols is to check the company message line at 7am to find out what client or consumer you are providing service for that day and what time do you need to be at there resident to provide transportation for he or she. So for examp...

    Michael’s Answer

    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 statement creates an attorney-client relationship.

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

    The restaurant where I was employed was going to be closed due to remodeling. My employer kept it open for two months after the permits were expired. Can I sue over this?

    Michael’s Answer

    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.

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

    how often can a tennant be served a unlawful detainer in sf ca?

    Michael’s Answer

    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 your case. Nothing in this statement creates an attorney-client relationship.

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

    A tenant in my building has a sister staying with her that has a mental problem where she gets angry when people talk about her and starts cursing and talking loudly. she has never approached anyone or threatened anyone directly but we have heard ...

    Michael’s Answer

    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 in this statement creates an attorney-client relationship.

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  • I need to sue my employer; the state of california for HIPAA violations

    I am in substance abuse rehab and my employer; the California State DMV has showed gross negligence in the handling of my FMLA paperwork and release of my very private information pertaining to my recovery to co-workers and customers even. I am in...

    Michael’s Answer

    You should do this right away since there is a 6 month time frame to file claims against government entities.

    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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  • Can I sue my employer for wrongful termination? What about a person who lied about me?

    I work with mentally ill people, one of whom accused me of conspiring with another client to get her thrown out of the building where I work. This is completely false, but my employer believed the client. The employer only questioned me and the c...

    Michael’s Answer

    It is unlikely you have a claim against the employer for wrongful termination if you are an at-will employee. As for the person making the accusations, you may have claims for defamation and interference with prospective economic advantage but you should consider whether you'll actually be able to collect money from this person (do they have assets?) if you prevail in a lawsuit.

    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 took 4 days of PTO. Dr's note requested I not return to work for another week.Is it premature for employer to push FMLA on me?

    I had never heard under "reinstatement": However, an employee has no greater right to reinstatement than if he or she had been continuously employed rather than on leave. For example, if an employee on family/medical would have been laid off had ...

    Michael’s Answer

    • Selected as best answer

    If the reason you're out for an extended period of time is related to a chronic illness, you should make written requests for reasonable accommodations to the employer and keep a log of their responses.

    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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