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Roland Tiemann’s Answers

287 total


  • What do you mean by seal the record and disclose the conviction for a license with state agency & how can i be certified as CNA?

    I have a felony for joyriding.

    Roland’s Answer

    Records can be sealed if you were a adjudicated in juvenile court (under 18). If this was an adult conviction, you would petition for a reduction of the felony to a misdemeanor and then a dismissal of the misdemeanor. Even if you do get the case dismissed, you would still need to disclose when applying for a state license. In most cases in wont prevent you from getting a license. But you will have to disclose and explain.

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  • Can you get a real estate licence with a drug paraphernalia misdemeanor in Riverside, CA

    can you get a real estate licence with a drug paraphernalia misdemeanor in Riverside, CA

    Roland’s Answer

    The answer is yes. You will have to disclose and may have to explain but ultimately you should be able to get your license.

    The Effects of a Criminal Conviction on a Real Estate License in California

    A criminal conviction can have the result of suspension, revocation, or denial of a real
    estate license in California. However, not all convictions will result in such disciplinary
    actions. A number of factors will be used by the California Real Estate Commissioner to
    determine if a suspension, revocation or denial is appropriate.

    First, it must be determined if the circumstances of the crime are substantially related to
    the functions, qualifications, or duties of a real estate broker or salesperson. For example,
    a licensee convicted of vandalism for vandalizing a home he or she is attempting to sell is
    more likely to be disciplined than that same licensee breaking a window during a bar
    fight. The Commissioner will also consider the seriousness of the offense. Generally,
    convictions for the following crimes are considered substantially related and can result in
    discipline:
    • any felony;
    • theft, embezzlement, or fraud;
    • intent or threat to commit significant harm to the person or property of another;
    • any sex crime requiring registration pursuant to Penal Code Section 290;
    • repeated conduct which shows a willful disregard for the law;
    • contempt of court or willful disregard for a court order; and
    • two or more convictions involving alcohol or drugs where at least one conviction
    involves driving and the consumption of alcohol or drugs.

    The Commissioner will also consider the past criminal history of a licensee to determine
    if discipline is necessary. In addition, those holding a real estate broker license will be
    held to a higher standard than those holding a real estate salesperson license due to the
    higher level of self-regulation.

    Usually the determination of whether discipline is necessary is made by an administrative
    hearing on a case by case basis, after the conclusion of the criminal case. At the hearing,
    a licensee may appear with an attorney and present evidence that the conduct was not
    substantially related to the licensee’s professional duties or mitigating the seriousness of
    the offense. However, if the licensee was convicted in the criminal court, they may not
    present evidence to attempt to prove he or she was not guilty.

    The administrative hearing may also include an inquiry into the facts of a conviction
    beyond simply the plea or verdict. For example, a defendant may plead guilty to a lesser
    included offense that is not substantially related to his or her profession. However, if the
    circumstances surrounding the original charge are substantially related to his or her
    profession, the board may inquire regarding those facts in making a determination on
    whether to deny, revoke, or suspend a license.

    This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. This is not intended to be legal advice in your specific case. It's impossible to give detailed, accurate advice based on a few sentences on a website. You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information in your case.

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  • Can I break a lease to go care for my elderly parent?

    Under what circumstances can I break a lease in California with out having to pay the balance of the lease? My rental agreement has no such criteria included. Is care for an elderly parent acceptable?

    Roland’s Answer

    Dont forget the obvious, there is nothing wrong with simply working this all out with the landlord and mutually agreeing to end the lease. People can make a contract and agree to end it. This is the easiest way out. If you have an understanding landlord they may accept your explanation and let you out of the lease.

    You can legally end the lease for several reasons:
    1. Uninhabitable conditions, which only need to affect habitability, not necessarily unlivable, and which may include:
    a. Infestations of cockroaches, rats, or other vermin
    b. Noxious odors, such as from sewage leaks, mold and mildew, dead rats in the walls, pigeons nesting in the attic
    c. Noisy neighbors in your building, or
    d. Criminal activity in the building or neighborhood, such as drugs and gangs
    2. An illegal unit, such as an illegally converted garage, basement, or attached structure you're living in [a common situation]
    3. Government closing down the building
    4. Death, severe hospitalization, incarceration, or insanity of the tenant
    5. Bankruptcy of the tenant
    6. The person who rented it to you may not have had the right to do so
    7. The lease may be tied to a job on the premises, which you quit, such as a resident manager, grounds keeper, etc.
    8. The landlord lost the land by foreclosure, and the bank or new owner took over, but you haven't paid rent to them, yet.
    9. The lease is oral, but is for more than a year by its terms, making it void under the Statute of Frauds as a legal matter.

    This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. This is not intended to be legal advice in your specific case. It's impossible to give detailed, accurate advice based on a few sentences on a website. You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information in your case.

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  • Can a stipulation be extended?

    I have been litigation with my landlord for some time now. We went to court, I owed him back rent. His Lawer asked me can we come to some agreement. The agreement was that I owe him no back rent and that I needed at least until Sep 2, 2010 to move...

    Roland’s Answer

    Stipulations can always be extended with agreement of the parties who entered into the stipulation. A stipulation is simply an agreement of the parties. Some stipulations need court approval if court orders are in place to enforce the stipulation. So long as the parties agree and submit the new stipulation for court approval the court will usually sign off on the new agreement.

    This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. This is not intended to be legal advice in your specific case. It's impossible to give detailed, accurate advice based on a few sentences on a website. You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information in your case.

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  • What legal recourse and rights do I have as we were rented a property that was not owned at the the by the landlord?

    Ten months ago we entered into a two year lease on a beachfront property and we just learned the person who had owned the property had been foreclosed on the year before. He is fighting the foreclosure.

    Roland’s Answer

    Go to this link from the CA Dept of Consumer Affairs regarding LL/T rights in CA.

    http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

    Here is an expert from the above book

    Landlord Sale of Rental Unit
    If your landlord voluntarily sells the rental unit that you live in, your legal rights as a tenant are not changed. Tenants who have a lease have the right to remain through the end of the lease under the same terms and conditions. The new landlord can end a periodic tenancy (for example, a month-to-month tenancy), but only after giving the tenant the required advance notice. The sale of the building doesn’t change the rights of the tenants to have their security deposits refunded when they move.

    When property is sold in foreclosure
    State law provides that a tenant in possession of a rental housing unit at the time a property is sold in foreclosure shall be given 60 days’ written from the property. However, if your lease was signed before the deed of trust or mortgage was recorded, your lease will not be set aside by the foreclosure.

    This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. This is not intended to be legal advice in your specific case. It's impossible to give detailed, accurate advice based on a few sentences on a website. You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information in your case.

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  • Evidence tampering

    At a large university, a student has brought a lawsuit against a department. My coworker was forced by the boss to re-write and change the information in the student's file to reflect favorably on the department instead of the truth. The coworker ...

    Roland’s Answer

    Legally no. You have no legal duty to act regarding what you know. You always have the right to do what you think is right. For instance, you could contact the party suing the school and let them know what you know about the records. Understand there are always ramifications. Your friends job could be affected. They may even deny doing it in an effort to save themselves. There is a big pandora's box waiting to be opened. Dont forget during the course of the lawsuit subpoenas will be issued and people deposed. So the truth may come out without your intervention. Dont underestimate your friend when put under oath they may tell the truth.

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  • What can I do when my property management screws up and caused me to lose money?

    My property manager in AZ screwed up and charged me for expenses that were supposed to be charged to my home warranty company where I have a warranty policy for repairs.Total about close to $300. They claimed that they had called the home warranty...

    Roland’s Answer

    Review your contract with them to determine what the terms of the contract are regarding issues like this that come. If there is a breach of the contract than you may have an action against them.

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  • Can a sibling get my parent's property without the approval of the oother siblings?

    There are 8 of us, my father died in 2005 and my mother in 2008. My parents did not leave a will, now one of my sisters got ownership of my pparents property (mobile trailer) without the approval of the others. Can she do this?

    Roland’s Answer

    Dying Without a Will or Trust

    If someone dies without a will or trust, they die "intestate" and the laws of intestate succession are used to determine who will inherit the estate. In California, who will receive the estate depends on answering a series of questions about the person who died.

    1. The first question is whether the decedent (the person who died) was married.

    A. If the decedent was not married, the estate is distributed as follows:
    1. To the decedent's children, who take in equal shares if they are in the same generation.
    2. If there are no children or other issue (issue is the legal term for children, grandchildren, great-grandchildren, etc.) living, the estate goes to the decedent's parents.
    3. If there are no parents living, the estate is distributed to the "issue of the parents." If the decedent had brothers or sisters, they will inherit the estate.
    4. If there are no brothers or sisters, the decedent's grandparents will inherit the estate.
    5. If there are no grandparents, then the "issue of the grandparents" will inherit the estate. This could include the decedent's aunts and uncles, or if there aren't any aunts and uncles, the decedent's cousins.
    6. If there are no cousins, Probate Code section 6402 provides that the estate will be distributed to "next of kin in equal degree," generally meaning more distant cousins.

    B. If the decedent was married, the first question is whether the decedent owned community property, separate property, or a combination of the two. Community property is generally defined as the assets acquired during marriage from earnings or salary. Separate property is generally defined as assets brought into the marriage when the decedent got married, inheritances to the decedent, or gifts to the decedent. However, California case law provides many exceptions to these definitions, and assets can change from community to separate property, or from separate to community, by combining assets, by improving separate property with community property, or by written agreement of the spouses, for example.

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  • Citation for unassigned and unregistered and uninsured vehicle

    My boyfriend was drinving my car, which was not registered or insured and had tags that were not assigned. He was totally unaware. The vehicle belonged to my grandfather which he kept promising to let me register, but wouldn't give me the papers. ...

    Roland’s Answer

    No insurance and no registration are infractions. No registration is usually a correctable violation with usually a small fine. His criminal record should be ok but his dmv record will show citations for the sections cited. Using false tags is a misdemeanor. This will go on his criminal record. You can always ask for a trial and convince the judge of your case.

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  • One shooting of two vics and the jury brings verdicts of 2nd 187 1st vic,manslaughter 2nd vic,is this inconsistant verdict

    if there is one transactional shooting with no interval in time is the verdict inconsistant

    Roland’s Answer

    It is possible that the jury comes back with inconsistent verdicts. Jury's do unusual things sometimes. The case will probably be appealed and if there is any error in what happened at the trial or in what the jury did the appellate attorney will make an issue of it on appeal.

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