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Roland Tiemann’s Answers

287 total


  • Why would a judge allow non paying tenants to remain in a home that I am trying to short sell?

    I filed a three day notice to pay or quit and and unlawful detainer which I lost because the tenants claim there are needed repairs and are witholding rent based on that. However, I am trying to short sale the home as is. Why would a judge allow ...

    Roland’s Answer

    You can end tenancy pursuant to law or pay the tenant to move. As a landlord often when you bring an action under unlawful detainer for non-payment of rent the tenant makes up all reasons why they aren't paying. Judges often protect dead beat tenants. Sometimes its easier is terminate tenancy with no reason. With no reason there are no defenses to muddy up getting the court to order an eviction.

    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

    A landlord can end a periodic tenancy (for example, a month-to-month tenancy) by giving the tenant proper advance written notice. Your landlord must give you 60 days advance written notice that the tenancy will end if you and every other tenant or resident have lived in the rental unit for a year or more. However, the landlord must give you 30 days advance written notice in either of the following situations: Any tenant or resident has lived in the rental unit less than one year; or the landlord has contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends. in addition, all of the following must be true in order for the selling landlord to give you a 30-day notice: the landlord must have opened escrow with a licensed escrow agent or real estate broker, and the landlord must have given you the 30day notice no later than 120 days after opening the escrow, and -the landlord must not previously have given you a 30-day or 60-day notice, and the rental unit must be one that can be sold separately from any other dwelling unit. The landlord usually isn’t required to state a reason for ending the tenancy in the 30-day or 60-day notice.

    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 landlord charge fee for overnight visitors?

    I rent converted garage attached to home that I rented a room in for 5 yrs. No written rental agreement. Owner is continuously changing rules and now wants to charge $25 per night per visitor. Can he do this?

    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

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  • Can a landlord give me a move in date then change their minds with less than a week to move in?

    I am a single mother who was originally supposed to rent a room in a large home where every room is rented out by individuals. The first time I was supposed to move in she gave me 3 day notice saying nevermind I want to sell the house. Then few we...

    Roland’s Answer

    The only way you could enforce an agreement is in court. You need to have a contract or agreement to enforce in court. contracts can be oral or written and can be express or implied. Unfortunately, enforcing oral contracts is tough because its one party's word against the other. You have not provided enough information to determine if a contract was in fact in place or what losses you suffered. For instance, did you put a deposit down. If you do have a rental agreement in place, then you have legal rights. See the following link:

    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

    Find another place. By the flakiness of this landlord you probably don't want to business with 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.

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  • Can I file a law suit against Toyota?

    I purchased a 2007 Toyota Camry brand new. Two weeks off the lot and it started pulling to the right. The dealer said the car was built that way for safety. Six months later, the steering went stiff and toyota said it was due to the cold. Then ...

    Roland’s Answer

    Contact an attorney in your state. Some states have lemon laws. See if you can find an attorney that handles lemon law cases. Lemon laws allow you to try to get your claim resolved through arbitration instead of having to file a law suit up front. Obviously if your claim can't be resolved you can always sue for a number of breaches on Toyota's part. If you are going to sue beware that the time period to file a lawsuit is limited so you should consult with an attorney immediately.

    Lemon Law Link in WA

    http://www.atg.wa.gov/lemonlaw/default.aspx

    The Washington State Motor Vehicle "Lemon Law" is designed to help new vehicle owners who have substantial continuing problems with warranty repairs. The law allows the owner to request an arbitration hearing through the Attorney General's Office.

    There will be no charge for the arbitration process. At the hearing, the arbitrator will decide whether a consumer's claim meets the requirements under the law

    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 be excueds on a subpoena

    can i get exused from a subpoena i?

    Roland’s Answer

    The only person that can excuse you from a subpoena is the person that issued it. On the subpoena there will be a number of the person that issued it. Contact them to see if they will excuse you. Don't ignore the subpoena because you could get in trouble from the court for violating a court order.

    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 received a 11357 B H&S citation the other day and I am currently on probation for a non-drug related case. What will happen?

    I'm 20 and I was sitting in my friend's passenger seat alone, while my underaged friends were outside drinking. Cops pulled up and told us to line up. Long story short, they searched the car and found alcohol, nearly an oz of weed, a scale, and ot...

    Roland’s Answer

    If you plea guilty to the new case you will be in violation of the probation on your other case because a term of probation is that you obey all laws. If it is the same county, then the DA will probably know about it and file the violation. If it was in another county, it will be up to the other county to violate you. Most probation violations get about 10 to 30 day sentences. If you are violated, since the new case is a minor misd violation with basically a fine only, you may be able to negotiate with DA to minimal punishment (ie work project) based on the facts and minor offense you are currently charged with.

    If you have a defense you utilize it. If you can get third party to give you statement that MJ was his and provide proof of his recommendation. It may help to get you out of this.

    HS 11357.
    (b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). Notwithstanding other provisions of law, if such person has been previously convicted three or more times of an offense described in this subdivision during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, the provisions of Sections 1000.1 and 1000.2 of the Penal Code shall be applicable to him, and the court shall divert and refer him for education, treatment, or rehabilitation, without a court hearing or determination or the concurrence of the district attorney, to an appropriate community program which will accept him. If the person is so diverted and referred he shall not be subject to the fine specified in this subdivision. If no community program will accept him, the person shall be subject to the fine specified in this subdivision. In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.

    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 the statute of limitations apply if you have been charged with a crime, but never show up to court?

    been years since i have shown up to court for certain offenses

    Roland’s Answer

    If the case has been filed in court, the statute of limitations is tolled until you come to court. Usually, a warrant will be issued. If the case hasn't been filed, then the SOL would apply. Not showing up for court will not allow you to take advantage of the SOL.

    Here is the SOL for misdemeanors

    Penal Code 802
    (a) Except as provided in subdivision (b), (c), or (d),
    prosecution for an offense not punishable by death or imprisonment in
    the state prison shall be commenced within one year after commission
    of the offense.
    (b) Prosecution for a misdemeanor violation of Section 647.6 or
    former Section 647a committed with or upon a minor under the age of
    14 years shall be commenced within three years after commission of
    the offense.
    (c) Prosecution of a misdemeanor violation of Section 729 of the
    Business and Professions Code shall be commenced within two years
    after commission of the offense.
    (d) Prosecution of a misdemeanor violation of Chapter 9
    (commencing with Section 7000) of Division 3 of the Business and
    Professions Code shall be commenced as follows:
    (1) With respect to Sections 7028.17, 7068.5, and 7068.7 of the
    Business and Professions Code, within one year of the commission of
    the offense.
    (2) With respect to Sections 7027.1, 7028.1, 7028.15, 7118.4,
    7118.5, 7118.6, 7126, 7153, 7156, 7157, 7158, 7159.5 (licensee only),
    7159.14 (licensee only), 7161, and 7189 of the Business and
    Professions Code, within two years of the commission of the offense.
    (3) With respect to Sections 7027.3 and 7028.16 of the Business
    and Professions Code, within three years of the commission of the
    offense.
    (4) With respect to Sections 7028, 7159.5 (nonlicensee only) and
    7159.14 (nonlicensee only), of the Business and Professions Code,
    within four years of the commission of the offense.
    (e) This section shall become operative on July 1, 2005, only if
    Senate Bill 30 of the 2003-04 Regular Session is enacted and becomes
    effective on or before January 1, 2005.

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  • Can I recall a confession at trial?

    Hi, my boyfriend is awaiting trial for having sex with a minor. I'm 17 years old, and he's 29. I admitted to some sexual relations, but it was only because of pressure from my parents and the police. If I go to trial and recall any confession, wha...

    Roland’s Answer

    • Selected as best answer

    Your problem is that you could be charged with perjury or giving a false statement under oath. If you change your story in court the DA will impeach you with your original statement. The DA will argue to the jury that your original statement was true and that you only changed your testimony to help you friend. Most of the damage has been done based on the original statement.

    You need to consult with an attorney because if your original statement was factually not true, you could plead the 5th Amendment against self incrimination at trial. The DA when then have to give you immunity for your testimony. Once you received immunity you could tell the truth without the fear of getting in trouble. Make sure you have an attorney when you do this because if you don't get the right type of immunity you could still be prosecuted.

    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 records (police, court, criminal, etc.) do non traffic infractions appear on in California?

    I was written a citation for riding the trolley without a pass.

    Roland’s Answer

    If a person has ever been arrested in California and fingerprinted, that person has a California criminal record, which is a record of arrest, conviction, and disposition history.

    The California Department of Justice (DOJ) in Sacramento is responsible for maintaining all criminal records or “RAP SHEETS” in California. The DOJ keeps track of arrests (anytime a person is fingerprinted by law enforcement) in California and State and local juvenile and criminal courts records are also send to the DOJ.

    A conviction is generally a guilty or no contest plea or a court's finding of guilt for a "crime" or an "offense." Criminal convictions are determined by both the disposition of the case and the classification of the offense (infraction, felony, or misdemeanor). For example, if a person received a penal code section 1000 commonly referred to as “drug diversion” based upon a guilty plea and successfully completed probation, the guilty plea is not considered a conviction.

    A person can have a conviction even though the person never served time in jail. Court decrees of probation, fines, community service, or conditional sentences are all convictions.

    A non-criminal case (infractions) for which the penalty may consist of a fine but not imprisonment. Although most infractions are traffic-related, some common non-traffic infractions include a first conviction for loitering in a transit facility and a first conviction for trespass. Conviction for an infraction does not constitute a criminal conviction because you can not serve jail time on a conviction for an infraction.

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  • Penalties for 11550 (a) HS and 11634 H&S with prior expunged DUI 10+ yrs & can SSDI be taken away?

    Taken from private parking lot under the influence with smoking device and put in a facility to sleep for 4 hours. With prior DUI record expunged for ten plus yrs. Do I qualify for informal drug diversion & how is my Social Security Disability B...

    Roland’s Answer

    Review the drug diversion code section. It looks like you are eligible for a PC1000 drug diversion. Its up to the court to convert fines to time or community service. PC 1000 is usually a 3 month drug class once a week with some drug testing. After you complete it and after a set length of time like 1 year of 18 months the case against you will be dismissed if you don't have any legal problems pending.

    Penal Code 1000
    (a) This chapter shall apply whenever a case is before any
    court upon an accusatory pleading for a violation of Section 11350,
    11357, 11364, 11365, 11377, or 11550 of the Health and Safety Code,
    or subdivision (b) of Section 23222 of the Vehicle Code, or Section
    11358 of the Health and Safety Code if the marijuana planted,
    cultivated, harvested, dried, or processed is for personal use, or
    Section 11368 of the Health and Safety Code if the narcotic drug was
    secured by a fictitious prescription and is for the personal use of
    the defendant and was not sold or furnished to another, or
    subdivision (d) of Section 653f if the solicitation was for acts
    directed to personal use only, or Section 381 or subdivision (f) of
    Section 647 of the Penal Code, if for being under the influence of a
    controlled substance, or Section 4060 of the Business and Professions
    Code, and it appears to the prosecuting attorney that, except as
    provided in subdivision (b) of Section 11357 of the Health and Safety
    Code, all of the following apply to the defendant:
    (1) The defendant has no conviction for any offense involving
    controlled substances prior to the alleged commission of the charged
    offense.
    (2) The offense charged did not involve a crime of violence or
    threatened violence.
    (3) There is no evidence of a violation relating to narcotics or
    restricted dangerous drugs other than a violation of the sections
    listed in this subdivision.
    (4) The defendant's record does not indicate that probation or
    parole has ever been revoked without thereafter being completed.
    (5) The defendant's record does not indicate that he or she has
    successfully completed or been terminated from diversion or deferred
    entry of judgment pursuant to this chapter within five years prior to
    the alleged commission of the charged offense.
    (6) The defendant has no prior felony conviction within five years
    prior to the alleged commission of the charged offense.
    (b) The prosecuting attorney shall review his or her file to
    determine whether or not paragraphs (1) to (6), inclusive, of
    subdivision (a) apply to the defendant. Upon the agreement of the
    prosecuting attorney, law enforcement, the public defender, and the
    presiding judge of the criminal division of the superior court, or a
    judge designated by the presiding judge, this procedure shall be
    completed as soon as possible after the initial filing of the
    charges. If the defendant is found eligible, the prosecuting attorney
    shall file with the court a declaration in writing or state for the
    record the grounds upon which the determination is based, and shall
    make this information available to the defendant and his or her
    attorney.

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