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Roland Tiemann’s Answers

287 total


  • Was paid unemployment. CA wants back + interest handled myself & appealed. now told need writ of mandate &need lawyer can't

    afford. was working min wage, now surgery and need 2 more--not able to work. this is from yrs ago interest huge

    Roland’s Answer

    Some law schools have interns that take on legal cases for indigent people. If this is your case, try contacting law schools in your area for their legal clinics.

    See question 
  • As a renter, my home was auctioned.. My landlord gave no warning & is avoiding us.. Will I be in legal trouble?

    My rental home was just foreclosed & sold at auction Aug. 11th. The previous owners, nor the winning bidders have attempted to contact me. i have no money saved and lost my deposit. What are my options? And is there an agent that I can contact? HE...

    Roland’s Answer

    Check out this link from CA Dept of Consumer Affairs regarding your rights as a CA tenant.

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

    Excerpt from above link

    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 notice to quit before the tenant may be removed from the property. 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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  • I live in a section 8 building and received a 3 day notice to quit for for a shooting that ocured outside my apt is that legal?

    I was away from my apartment for 4 weeks taking care of my mom because she was ill. While I was away they served me a 3-day notice to quit based on criminal activity in my apartment. The incident took place outside of my apartment and I have pro...

    Roland’s Answer

    Go to this link regarding your rights as a tenant in CA. The free publication is written by the CA Dept of Consumer Affairs.

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

    Here is a section out of the above handbook.

    Suppose that you are a tenant who participates in the section 8 housing voucher program. While the lease is in effect, the landlord must have good cause to terminate (end) the tenancy. Examples of good cause include serious or repeated violations of the lease, or criminal activity that threatens the health or safety of other residents. Incidents of domestic violence may not be used as a violation by the victim or threatened victim as good cause for the landlord to terminate the tenancy, occupancy rights or assistance of the victim. The landlord must give the tenant a three-day or 30-day or 60-day notice of termination under California law, and both the landlord and the tenant must give the public housing agency a copy of the notice. What if the landlord simply decides not to renew the lease, or decides to terminate the hAp (housing assistance payment) contract? in this case, the landlord must give the tenant 90 days’ advance written notice of the termination date. If the tenant doesn’t move out by the end of the 90 days, the landlord must follow California law to evict the tenant.

    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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  • Does premeditation change a misdemeanor to a felony?

    Does premeditation change a misdemeanor to a felony

    Roland’s Answer

    What crime are we talking about? Most misdemeanors don't have premeditation as an element. Most wobbler offenses charged as felonies are filed that way because the DA decides that it is felony conduct. Premeditation may be something the DA uses to file a misd as a felony.

    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.

    See question 
  • In a case of assault with a deadly weapon on a police officer in a case of does the prosecution have to prove intent?

    My 20 year old son who has never been in trouble with the police before was texting while driving and did not see that he was approaching a speed enforcement set-up. He looked up, swerved and avoided hitting the officers, pulled off quickly and d...

    Roland’s Answer

    Part of the Jury Instruction for PC245

    [1A. The defendant did an act that by its nature would directly and probably result in the application of force to a person, and

    1B. The force used was likely to produce great bodily injury;]

    2. The defendant did that act willfully;

    3. When the defendant acted, (he/she) was aware of facts that would lead a reasonable person to realize that (his/ her) act by its nature would directly and probably result in the application of force to someone;

    4. When the defendant acted, (he/she) had the present ability to apply force (likely to produce great bodily injury/with a deadly weapon/with a firearm/with a semiautomatic firearm/with a machine gun/with an assault weapon/with a .50 BMG rifle) to a person;

    5. When the defendant acted, the person assaulted was lawfully performing (his/her) duties as a (firefighter/peace officer);

    [AND]

    6. When the defendant acted, (he/she) knew, or reasonably should have known, that the person assaulted was a (firefighter/peace officer) who was performing (his/her) duties(;/.)

    [AND 7. The defendant did not act (in self-defense/ [or] in defense of someone else).]

    Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.

    Relevant Section of 245 - Assault with Deadly Weapon

    (a) (1) Any person who commits an assault upon the person of
    another with a deadly weapon or instrument other than a firearm or by
    any means of force likely to produce great bodily injury shall be
    punished by imprisonment in the state prison for two, three, or four
    years, or in a county jail for not exceeding one year, or by a fine
    not exceeding ten thousand dollars ($10,000), or by both the fine and
    imprisonment.

    (b) Any person who commits an assault upon the person of another
    with a semiautomatic firearm shall be punished by imprisonment in the
    state prison for three, six, or nine years.

    (c) Any person who commits an assault with a deadly weapon or
    instrument, other than a firearm, or by any means likely to produce
    great bodily injury upon the person of a peace officer or
    firefighter, and who knows or reasonably should know that the victim
    is a peace officer or firefighter engaged in the performance of his
    or her duties, when the peace officer or firefighter is engaged in
    the performance of his or her duties, shall be punished by
    imprisonment in the state prison for three, four, or five years.

    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.

    See question 
  • I would like 2 know if there is a Lawyer that would take a case on a % basis for a lawsuit against a Predatory Lender.

    I live in North Inland San Diego. I obtained a loan from a Private money lender, June 2007. They have broken all kinds of rules and laws. I am a savvy man trying to save my home from an Illegal Foreclosure. This lender has violated too many la...

    Roland’s Answer

    Start calling civil attorneys pitch your case to see if their interested. If there is money in a case, you should be able to find an attorney to take the case. Some attorneys specialize on these types of cases. So just because some attorneys wont take it doesnt mean there isnt one our there that would. If there is money to be made, there will be an attorney that will do it on a contingency fee.

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  • Court file- does it make sense or is this legal?

    My case was moved the mental health courts when the prosecution pulled a vile competency ploy, just before the case was heading to trial. The case eventually did go to trial ,and they lost big. Now, I am having an impossible time getting the file ...

    Roland’s Answer

    Most court records are open to the public which would allow you to get copies. However, the judge has the authority to seal some records which would only be accessible with a court order. It sounds like your records are sealed. Try contacting your trial attorney to see if they can help you get your records. If they are not sealed, then you should be able to get them.

    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.

    See question 
  • If, on different dates, the DMV and criminal court suspends one's license for the same crime, when is the suspended period over?

    As per my situation, for a second DUI: - I lost my DMV hearing, and received a notice (from the Van Nuys DMV, where the hearing was) saying that my license was suspended from October 2009 through October 2011. - I was not convicted for this ...

    Roland’s Answer

    If you lose the DMV hearing on a 2nd offense, the DMV suspension on a 2nd offense is a 1 year suspension. The suspension because of the court conviction is 2 years. That is why you get the 2 letters. The court suspension runs concurrent to the dmv suspension and you will get credit for the time your license is suspended from DMV. So you would deduct 6 months (10/09 through 4/10 credit for dmv suspension) on your two year court suspension.

    How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?

    The DMV suspension or revocation is an immediate administrative action taken against your driving privilege only. This is called Administrative Per Se (APS). Any sanctions imposed by DMV under APS are independent of any court-imposed jail sentence, fine, or other criminal penalty imposed when a person is convicted for driving under the influence (DUI).

    The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.

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  • Can I sue landlord for sub standards secuity measures, robbed lynx coat, totaled 2 cars,harrassment, flood lights to expensive

    three smashed windshields, harrassment and constant verbal threats and slander from apartment manager. I requested an electrician put in a flood light where my night lite fixture is outside near apartment door. She said maybe in a couple weeks if ...

    Roland’s Answer

    Go to this link regarding your rights as a tenant in CA. The free publication is written by the CA Dept of Consumer Affairs.

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

    See question 
  • In case of foreclosure (before 2009 law) does new landlord owe the security deposit to the tenant?

    Original landlord lost the property in foreclosure to the new landlord (an individual, not a bank, who was unable to sell the property at auction so it defaulted to him). The unit was in REAP for a few months while the new owner brought the unit ...

    Roland’s Answer

    Go to this link regarding your rights as a tenant in CA. The free publication is written by the CA Dept of Consumer Affairs.

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

    See question