William Edward Shapiro's Answers

Got into a car accident, 3 car crash i was the third car and one car fled the scene, getting calls two months later to pay up.

Car accidents can be funny things. Sometimes, what seem like small fender benders can become expensive accidents, especially now that car bumpers have so many sensors built into them. That being said, you have a couple of options. First, you can agree to a settlement that comes out of your pocket and avoid involving the insurance company. If you go this route, I would absolutely recommend that you have the car looked at by a garage that both of you agree upon. If they have already done the...

6 lawyers agreed with this answer

Can I get more then my deposit back if we know the landlord wasn't paying the mortgage with it, but in fact pocketing the money?

Its a little unclear from your question at what point the landlord was stopped collecting the rent. If he was collecting the rent after the property was foreclosed upon, then he was not entitled to the money and was collecting it fraudulently. However, if it was all before the foreclosure, then he was entitled to the money since he still owned the property. You could seek to recover the amount of the payments which he collected after the foreclosure occurred. Unfortunately, while tenants have...

Selected as best answer

Won unlawful detainer case this morning as defendant/tenant, but forgot to ask for court fees? Can I ask now?

If you are the prevailing party, you are entitled to "reasonable" costs per Code of Civil Procedure section 1032. What this basically means, in the context of a UD, is that you must have received a judgment in your favor (there are some wrinkles to this, but this is general rule for recovering costs). By statute, you are only able to claim costs if they fall into certain categories. Those are juror food and lodging, transcripts and videotapes of necessary deposition, service of process,...

3 lawyers agreed with this answer

1 person marked this answer as helpful

What if a will names president of org. as executor, president gets appointed by court, but is later fired from that position?

If the will was drawn up correctly, then it would have specified whether it was the person or the office that the president refers to. Vague wills (or other testamentary documents) keep lawyers billing. That being said, my inclination would be to say that it's the position that is the executor and not the person. However, some people may disagree. If it can't be agreed upon, then you will have to petition the court for an answer. This is a question that should be taken to an attorney who...

Selected as best answer

Can 90+ relative who has dementia refuse a move out of her residence if I am awarded conservator of her estate?

Ian sure that this not easy for you, but there are certain factors which you should consider before embarking on trying to establishing a conservatorship for this relative. First, you seem very concerned about her estate planning.nif she did this while she still has what is called testamentry capacity, then it may still be valid even if she now has dementia which requires her to have 24 hour care. Second, a conservatorship is an involved undertaking. If you really care about this relative, as...

Selected as best answer

Entered a plea agreement in feb of this year...was told one thing and presented with another...want 2 retract agreement...is it

If you do not understand something that you attorney has said to you about the terms of the agreement, you are entitled to get them to explain to you what is going on. In this case, it sounds like you are not sure what the final agreement you are being asked to accept means. Speak up and ask your attorney to explain it in as much detail as is required for you to understand it. If you are being represented by the public defender, you are probably being served by someone who has a good deal of...

3 lawyers agreed with this answer

Withholding rent for habitability issues - California

Withholding rent is never a good idea. Although it is permitted, a tenant who chooses to use Civil Code section 1942 repair and deduct scheme must actually use the withheld money to make the repairs. Otherwise, by not following the scheme laid out in section 1942, the tenant opens themself up to charges that they are simply not paying their rent. California, while it allows repair and deduct to used, does not allow for rent strikes. That being said, your landlord seems to have failed to...

3 lawyers agreed with this answer

My bank foreclosed/sold my rental property...but the problem is, bank had the wrong property address in my file, wat will happn?

You need to see a lawyer about this. The bank has made a major mistake. The last thing you want to do is not take precautions to protect yourself because at some point, someone will notice that the mistake has been made. This is not something you should deal with on your own, especially since it involves property rights and violations of mortgage laws. I would strongly urge you to contact your local bar association to find a lawyer in the area who handles these types of cases. This answer...

Selected as best answer

Does not having a rental agreement or lease count as violating one for eviction purposes?

A lease can be oral or written. Furthermore, what lawyers call consideration (or what the landlord gets for leasing the rental unit) does not always have to be money. There is a line of cases that states that services for the landlord, such as work done for the property, can be counted as rent. At its core, there needs to be an agreement that the tenant can have possession of the rental unit and the landlord receives a certain amount of consideration in return. The length of the lease can...

2 lawyers agreed with this answer

Can I sue my landlord for some compensation for renting out an apartment that he does not have a permit to rent, now condemned?

Whether you can sue is not the question. You can always file a complaint. The question is whether it is a good idea to sue or whether there are grounds to do so. California courts have found that where there is no certificate of occupancy, a landlord cannot collect rent from tenants. In fact, the court in the original case said that the leasing contract itself was void. What this means is you can sue to get back the rent you have paid. Usually, however, this question comes up in the context...

2 lawyers agreed with this answer