Daphne Lori Macklin’s Answers

Daphne Lori Macklin

Sacramento Administrative Law Lawyer.

Contributor Level 13
  1. Landlord is sexually harassing me/ watching me on his spy camera in the living room. Is this legal?

    Answered over 1 year ago.

    1. Daphne Lori Macklin
    2. Steven Warren Smollens
    3. Kevin Rindler Madison
    3 lawyer answers

    You simply need to move. This is an unsafe environment. The spy cameras are apparently in open areas of the housing unit but it would be reasonable to suspect that there may be viewing devices in the bedroom and bathroom that you use. I recommend moving rather than withholding rent. You do not want this situation to continue any longer. If there are legal issues or claims that you may have against one another they should be handled after you are in a safe place.

    4 lawyers agreed with this answer

  2. Can I sue?

    Answered over 1 year ago.

    1. Daphne Lori Macklin
    1 lawyer answer

    I recommend that you apply for unemployment insurance benefits as an unsafe work environment should be considered "good cause" for leaving the type of work you described. You should also however send a letter to the elderly woman's daughter, your employer, and outline what occurred and other serious medical and awareness problems that you observed in the elderly woman up to the point where you were assaulted. The daughter might be willing to pay for your medical expenses and/or give you a...

    4 lawyers agreed with this answer

  3. How much authority does a conservator have on the conservatee?

    Answered about 1 year ago.

    1. Daphne Lori Macklin
    2. Charles Adam Shultz
    2 lawyer answers

    Review the attached link to get a better understanding of the rights and obligations of a court-appointed probate conservator in California. If you are concerned that your friend is missing, you may need to contact local law enforcement. A conservator must inform the court about any substantial changes involving the conservatee. As a friend, you may also petition the Probate Court if you are concerned about your friend's well-being.

    Selected as best answer

  4. What is the fastest way to get my daughter back? i have physical custody of her.

    Answered about 1 year ago.

    1. Daphne Lori Macklin
    2. Athena Leslie McMahon
    2 lawyer answers

    You need to immediately contact a family law attorney. The events you described are consistent with possibly parental kidnapping. You need to work with an attorney to arrange the return of the child possibly through the involvement of law enforcement.

    2 lawyers agreed with this answer

  5. My wife force me out of our house. What is my right to stay at the house. Do I come back to the house until divorce final?

    Answered about 1 year ago.

    1. Daphne Lori Macklin
    2. Stephen Ross Cohen
    3. Nicole Nuzzo
    3 lawyer answers

    While you may be tempted to do this all yourself, my strong recommendation is that you pay for at least a consultation with a family law attorney in your community to get a comprehensive understanding of the rights and interests that are at stake in your dissolution. Given the size of your debts and the outstanding child support, custody and visitation issues, it is not possible to get an appropriate answer through this forum. You need individualized advice and counsel based on a complete...

    2 lawyers agreed with this answer

  6. I am unemployed for about a month. Can my ex take my children away from me just because I am unemployed?

    Answered about 1 year ago.

    1. Daphne Lori Macklin
    2. Jennifer Carolyn Phillips
    3. Cyrus Mor
    3 lawyer answers

    Your change in financial circumstances may warrant an increase in support from the non-custodial parent, however this will not necessarily result in the loss of your custodial rights.

    2 lawyers agreed with this answer

  7. Not agreeing on when 5 year should start kindergarten. Ex wants to hold him out another year. He meets the min age requirement.

    Answered about 1 year ago.

    1. Daphne Lori Macklin
    2. Stephen Ross Cohen
    2 lawyer answers

    You should consult with a family law attorney but also with an educational consultant or a family therapist. Based on the information you have provided it would appear that it would be in the child's best interests and consistent with his developmental status to begin kindergarten as a 5 year old. If the child's mother is unwilling to do this you may need to file for physical custody of the child. I would be concerned about finding out the mother's reasons for not wanting the child to start...

    2 lawyers agreed with this answer

  8. Can i withhold rent do to rodent infestation? the landlord is aware of problem but is doing nothing

    Answered about 1 year ago.

    1. Daphne Lori Macklin
    1 lawyer answer

    First, review the attached link. Second, contact the local building inspector's department also known as "environmental health". While you have a legal right to withhold rent, practically this option often makes things worse. If on the other hand your unit is cited for substandard conditions, then the property owner will be given a specified time period to fix the problem. If the issue is not resolved within the designated time period, then the landlord cannot legally charge you rent. If...

    2 lawyers agreed with this answer

  9. Is my owner allowed to enter my home when I'm not there?

    Answered about 1 year ago.

    1. Loren Nicholas Kleier
    2. Daphne Lori Macklin
    2 lawyer answers

    Review the link below for a better understanding of your rights as a tenant in California. The rule is 24 hour written notice except for emergencies.

    2 lawyers agreed with this answer

  10. ( Calif. under 65 disabled) If I lose medi-cal for any reason at all can I switch to medi-gap? Also how do we minimize damage?

    Answered about 1 year ago.

    1. Daphne Lori Macklin
    1 lawyer answer

    I am sorry for your health challenges. You have a lot going on and need to get some clear advice about what is going on. When you indicate that you received $17,000 in SSDI back pay as well as SSI and Medi-Cal what you may not have understood is this: when you are found disabled for Social Security Disability Retirement or SSDI purposes, this is a 5 month waiting period during which time you receive SSI benefits before going on the SSI program. So, as long as you were low income for those...

    2 lawyers agreed with this answer