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Roland Tiemann’s Answers

287 total


  • I've got a civil compromise for 2nd degree burglary.

    I stole over (dollar amount removed) worth item from a retailer. Because of the intent that i admitted, i was charged with commercial burglary. Due my attorney's good work, the victim has agreed to sign civil compromise. My attorney said we'll sti...

    Roland’s Answer

    You need approval of both Judge and DA for civil compromise of felony. It is not the county you should be worried about but the judge. A reasonable judge will do it while a tough judge won't. I'm sure your attorney will do everything possible to make it happen.

    Penal Code 1377
    When the person injured by an act constituting a misdemeanor
    has a remedy by a civil action, the offense may be compromised, as
    provided in Section 1378, except when it is committed as follows:
    (a) By or upon an officer of justice, while in the execution of
    the duties of his or her office.
    (b) Riotously.
    (c) With an intent to commit a felony.
    (d) In violation of any court order as described in Section 273.6
    or 273.65.
    (e) By or upon any family or household member, or upon any person
    when the violation involves any person described in Section 6211 of
    the Family Code or subdivision (b) of Section 13700 of this code.
    (f) Upon an elder, in violation of Section 368 of this code or
    Section 15656 of the Welfare and Institutions Code.
    (g) Upon a child, as described in Section 647.6 or 11165.6.

    Penal Code 1378
    If the person injured appears before the court in which the
    action is pending at any time before trial, and acknowledges that he
    has received satisfaction for the injury, the court may, in its
    discretion, on payment of the costs incurred, order all proceedings
    to be stayed upon the prosecution, and the defendant to be discharged
    therefrom; but in such case the reasons for the order must be set
    forth therein, and entered on the minutes. The order is a bar to
    another prosecution for the same offense.

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  • When my friend went to court for a bail review the lawyer and DA went with judge in chambers to discuss her case.

    when they came back out the public defender told her the judge wanted her to be interviewed in jail by dr. and probation officer. Does that mean that she can possible be released on probation? why did judge want to be interviewed until bail is det...

    Roland’s Answer

    I don't know about the dr but probation is in charge of conducting a bail review which is an interview with the person in custody to determine their suitability for bail. They do a bail study and give it to the judge who uses in in his determination of setting bail. Probation would only be imposed if your friend pled or had a violation of probation that was reinstated.

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  • I am currently renting, my apartment and a few others have been fighting off mice for over 1 year.

    the landlord refuses to relocate us to a new apartment and the pest control only put out traps and plug mice holes,they are breeding in the walls and just eat new holes..we have two children under 5 years...what can i do?...i have taken pictures o...

    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 are some excerpts

    Landlord’s responsibility for repairs

    Before renting a rental unit to a tenant, a landlord must make the unit fit to live in, or habitable. Additionally, while the unit is being rented, the landlord must repair problems that make the rental unit unfit to live in, or uninhabitable. The landlord has this duty to repair because of a California supreme Court case, called Green v. superior Court, which held that all residential leases and rental agreements contain an implied warranty of habitability. Under the “implied warranty of habitability,” the landlord is legally responsible for repairing conditions that seriously affect the rental unit’s habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. The landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant’s family, guests, or pets. Generally, the landlord also must do maintenance work which is necessary to keep the rental unit livable.

    Conditions that make a rental unit legally uninhabitable

    There are many kinds of defects that could make a rental unit unlivable. the implied warranty of habitability requires landlords to maintain their rental units in a condition fit for the “occupation of human beings.” in addition, the rental unit must “substantially comply” with building and housing code standards that materially affect tenants’ health and safety. A rental unit may be considered uninhabitable (unlivable) if it contains a lead hazard that endangers the occupants or the public, or is a substandard building because, for example, a structural hazard, inadequate sanitation, or a nuisance endangers the health, life, safety, property, or welfare of the occupants or the public.

    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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  • Paid this month, vacated before the month & no 30 days notice

    Our tenants paid rent until 8/31/10. They got into a domestic dispute and the wife (tenant) called us that both of them had moved out over 1 week ago. We, landlords went inside the property today, changed the lock and found the refrigerator empty,...

    Roland’s Answer

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

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

    You should always be cautious when you are the landlord because of the severe civil damages that can be imposed if you do not do things as prescribed by law. Hell hath no fury like a tenant scorned. Luckily, in most cases they don't have resources to go after you but the goal is to try and prevent litigation from occurring by doing everything right.

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  • CA residential lease doesn't state that the property mgr gets keys to the house; now he threatens to pick the lock.

    I've been leasing for 6 1/2 years; now in the last 2 weeks of tenancy. The property mgr came to the house and demanded keys---I refused and said that it would pose a security risk to my family. He got angry, said he knows the police captain, the...

    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...

    When Can A Landlord Enter A Property
    California law states that a landlord can enter a rental unit only for the following reasons: in an emergency, When the tenant has moved out or has abandoned the rental unit, to make necessary or agreed-upon repairs, decorations, alterations, or other improvements, to show the rental unit to prospective tenants, purchasers, or lenders, to provide entry to contractors or workers who are to perform work on the unit, or to conduct an initial inspection before the end of the tenancy, if a court order permits the landlord to enter, if the tenant has a waterbed, to inspect the installation of the waterbed when the installation has been completed, and periodically after that to assure that the installation meets the law’s requirements.

    Notice
    The landlord or the landlord’s agent must give the tenant reasonable advance notice in writing before entering the unit, and can enter only during normal business hours (generally, 8 a.m. to 5 p.m. on weekdays).The notice must state the date, approximate time and purpose of entry. However, advance written notice is not required under any of the following circumstances: to respond to an emergency, the tenant has moved out or has abandoned the rental unit, the tenant is present and consents to the entry at the time of entry, the tenant and landlord have agreed that the landlord will make repairs or supply services, and have agreed orally that the landlord may enter to make the repairs or supply the services. The agreement must include the date and approximate time of entry, which must be within one week of the oral agreement.

    The landlord or agent may use any one of the following methods to give the tenant written notice of intent to enter the unit. the landlord or agent may: personally deliver the notice to the tenant; or leave the notice at the rental unit with a person of suitable age and discretion, leave the notice on, near or under the unit’s usual entry door in such a way that it is likely to be found; or Mail the notice to the tenant. The law considers 24 hours’ advance written notice to be reasonable in most situations.

    If the notice is mailed to the tenant, mailing at least six days before the intended entry is presumed to be reasonable, in most situations. The tenant can consent to shorter notice and to entry at times other than during normal business hours. Special rules apply if the purpose of the entry is to show the rental to a purchaser. In that case, the landlord or the landlord’s agent may give the tenant notice orally, either in person or by telephone. The law considers 24 hours’ notice to be reasonable in most situations. however, before oral notice can be given, the landlord or agent must first have notified the tenant in writing that the rental is for sale and that the landlord or agent may contact the tenant orally to arrange to show it. This written notice must be given to the tenant within 120 days of the oral notice. the oral notice must state the date, approximate time and purpose of entry. The landlord or agent may enter only during normal business hours, unless the tenant consents to entry at a different time.

    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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  • Lease agreement

    My husband and I dont recall renewing our lease with our landlords. We moved out and they want to charge us for the remainder of the lease. The house was rented within 30 days of us moving out. If it ends up that we did renew the lease, are we s...

    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...

    Unlike in a standard civil case in a small claims case you are not entitled to pre-trial discovery. However, you are allowed to issues subpoenas in a small claims case. Subpoenas and subpoena duces tecum can be used to have someone bring documents to court. See the following link:

    http://www.courtinfo.ca.gov/selfhelp/smallclaims/subpoena.htm

    Subpoena a Witness

    What is a subpoena?
    A subpoena is a court order that says that your witness has to come to court. It can also say that someone has to bring certain papers to court at your hearing.

    Do I need to subpoena someone?
    You need to subpoena a witness if:

    * Your witness won't come to court, or
    * Someone won't give you the documents you need to prove your case.

    Where can I get a subpoena form?
    You can get your subpoena (form SC-107) from the small claims clerk or download it here (in PDF format).

    You'll need to know the name of the witness that you want to come to court. Or exactly what papers you want the person to bring to your hearing.

    How do I prepare a subpoena?
    1. If you are subpoenaing a person to come to court, fill out page 1 only. If you are requesting documents, complete pages 1 and 2 (form SC-107). (You will fill out page 3 later.)

    2. Take the subpoena to the clerk. The clerk will look at the subpoena and may ask you a few questions.

    3. After the clerk signs and stamps the subpoena, make copies.

    4. After you make copies, serve the subpoena to the person or business you are subpoenaing. Anyone, even you, can serve your subpoena.
    Serve a copy of the subpoena - not the original signed and stamped by the clerk.

    5. After the subpoena is served, fill out Page 3 of the original subpoena (form SC-107). Have the person who served the subpoena sign at the bottom of page 3.

    6. After you complete page 3 of the original subpoena and have it signed, return the subpoena to the clerk before your hearing.

    Do I have to pay to subpoena a witness?
    Witnesses can ask for $35 a day and 20 cents a mile each way at the time you serve the subpoena. Be prepared to pay the witness fees. If the witness asks for the money before your court date and you don't pay it, then the witness does not have to show up at your hearing.

    Note: You don't have to pay anything if your witness doesn't ask for money. But you should have the money with you at court, in case the witness asks for the fees. SC-107 lets the witness know that they have a right to these fees, so the witness may ask for the money in front of the judge.

    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 
  • Lease agreement

    My husband and I moved out of our house and we did not receive anything, not even a phone call from our landlords within the 21 day specified in 1950.5. We are now taking them to small claims. They are threatening to counter sue for all repairs th...

    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...

    Unlike in a standard civil case in a small claims case you are not entitled to pre-trial discovery. However, you are allowed to issues subpoenas in a small claims case. Subpoenas and subpoena duces tecum can be used to have someone bring documents to court. See the following link:

    http://www.courtinfo.ca.gov/selfhelp/smallclaims/subpoena.htm

    Subpoena a Witness

    What is a subpoena?
    A subpoena is a court order that says that your witness has to come to court. It can also say that someone has to bring certain papers to court at your hearing.

    Do I need to subpoena someone?
    You need to subpoena a witness if:

    * Your witness won't come to court, or
    * Someone won't give you the documents you need to prove your case.

    Where can I get a subpoena form?
    You can get your subpoena (form SC-107) from the small claims clerk or download it here (in PDF format).

    You'll need to know the name of the witness that you want to come to court. Or exactly what papers you want the person to bring to your hearing.

    How do I prepare a subpoena?
    1. If you are subpoenaing a person to come to court, fill out page 1 only. If you are requesting documents, complete pages 1 and 2 (form SC-107). (You will fill out page 3 later.)

    2. Take the subpoena to the clerk. The clerk will look at the subpoena and may ask you a few questions.

    3. After the clerk signs and stamps the subpoena, make copies.

    4. After you make copies, serve the subpoena to the person or business you are subpoenaing. Anyone, even you, can serve your subpoena.
    Serve a copy of the subpoena - not the original signed and stamped by the clerk.

    5. After the subpoena is served, fill out Page 3 of the original subpoena (form SC-107). Have the person who served the subpoena sign at the bottom of page 3.

    6. After you complete page 3 of the original subpoena and have it signed, return the subpoena to the clerk before your hearing.

    Do I have to pay to subpoena a witness?
    Witnesses can ask for $35 a day and 20 cents a mile each way at the time you serve the subpoena. Be prepared to pay the witness fees. If the witness asks for the money before your court date and you don't pay it, then the witness does not have to show up at your hearing.

    Note: You don't have to pay anything if your witness doesn't ask for money. But you should have the money with you at court, in case the witness asks for the fees. SC-107 lets the witness know that they have a right to these fees, so the witness may ask for the money in front of the judge.

    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 I do not have a rental agreement do I have to give a 30 day notice?

    She said that she raised my rent 12% and only gave 7 day verbal notice.

    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...

    Oral rental agreements
    In an oral rental agreement, you and the landlord agree orally (not in writing) that you will rent the rental unit. in addition, you agree to pay a specified rent for a specified period of time —for example, a week or a month. this kind of rental agreement is legally binding on both you and the landlord, even though it is not in writing. However, if you have a disagreement with your landlord, you will have no written proof of the terms of your rental agreement. Therefore, it’s usually best to have a written rental agreement.
    However, even if the agreement is oral, the landlord must give you a written statement regarding the name, street address, and phone number of the landlord or agent for receipt of legal notices; the contact information for the person who is to accept the rent; and how the rent is to be paid (for example by cash, check or money 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.

    See question 
  • Landlord wants tenant to now pay electric bill. How much notice must he give?

    Tenancy is month to month. Landlord pays electric bill. Now wants tenant to pay their own electric bill.

    Roland’s Answer

    Check out this link to the Dept of Consumer Affairs Website which provides this free book on L/T rights in CA.

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

    See question 
  • How much notice does a landlord have to give, when he wants to stop paying the electric bill and have the tenant pay the bill?

    Live in northern CA. Tenancy is month to month. Landlord now pays the electric bill for each separate apartment.He now wants the tenants to pay for their electric service.

    Roland’s Answer

    Check out this link to the Dept of Consumer Affairs Website which provides this free book on L/T rights in CA.

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

    See question