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Brad S Kane

Brad Kane’s Answers

6,000 total


  • I was hired at a gymnastics gym and had two classes but they did not pay me for the hour I had to wait between classes. I

    Brad’s Answer

    You are entitled to one hour of premium pay at the minimum wage, when your shift is split. Please note that if you are paid more than minimum wage for the hours worked the amount above minimum wage is credited against the hour of premium pay for the split shift. Thus, few people who earn more than minimum wage actually receive the split shift premium pay, For more info go to:

    https://www.dir.ca.gov/dlse/split_shift.htm#:~:text=The%20split%20shift%20premium%20is,pay%20the%20split%20shift%20premium.

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  • Can I pay landlord less due to two leaks in the ceiling ?

    Brad’s Answer

    The Landlord should be responsible for the repair costs. To avoid the risk and expense of defending an unlawful detainer for non-payment of rent, you should pay the rent in full and sue the landlord in small claims for all the plumbing repair related costs and expenses.

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  • My landlord is black/mailing us to pay more rent after section8 said no.

    Brad’s Answer

    Go to the link below for information on how to file complaints with HUD for violation of the Section 8 rules:

    https://www.hud.gov/faqs/complaints

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  • What can i do when someone is selling my nude photos and impersonating me online ?

    Brad’s Answer

    You have claims for unauthorized use of your image for commercial purposes under Civil Code 3344, which provides for: (i) the greater of minimum of $750 in statutory damages or the defendant's profits; (ii) your losses, including emotional distress; and (iii) prevailing party attorney's fees.

    You can also file a police report for identity theft.

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  • Can tenant claims for their personal property damage from landlord due to rain flooding into detached garage?

    Brad’s Answer

    Whether a tenant can make a successful claim for water damage for damage depends on: (i) whether the lease is for residential or commercial; and (ii) the language in the lease. Landlords have much greater legal duties under a residential lease. A landlord cannot disclaim the warranty of habitability in a residential lease. In commercial leases, the landlord have much more ability to shift most responsibilities to the tenant.
    Where a residential lease does not mention the garage, the landlord's potential liability for water damage will rest on: (i) did the lease authorize the tenant to use the garage; and (ii) whether lease required the tenant to get renter's insurance and waive subrogation.

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  • Do I have to sign a new lease and fill out an application after my grandmother’s death?

    Brad’s Answer

    If you live in an apartment protected by the RSO and you and/or your brother paid rent directly to the landlord and the landlord accepted, then you are likely already a tenant and do not need to apply again.

    You should ask the Los Angeles Housing + Community Investment Department for assistance.

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  • What is the max time to you can stay in a rental house after living there 2 years and receiving a 30 notice of termination/quit?

    Brad’s Answer

    First, since you lived there for more than 1 year, you are entitled to 60 days notice. Thus, the landlord's notice will likely be considered invalid.

    Second, the City of Los Angeles's eviction moratorium prevent evictions without cause, such as nuisance, through June 30, 2021. Another reason that the 30 day notice should be invalid.

    Finally, you can file an unlawful eviction complaint with the Los Angeles Housing + Community Investment Department, which should tell the landlord to withdraw the notice.

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  • Landlord is getting divorced, who do I pay?

    Brad’s Answer

    The conflicting information puts you in an untenable situation. I suggest you send written request for instruction on how to pay the rent to both the husband and the wife. You should also ask for a copy of the divorce decree stating who is the owner of the property. Finally, if you continue to get conflicting information, you should consider depositing the rent in a separate bank account to show you are trying in good faith to pay.

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  • Employer paid my last commissions as a 1099 after I was terminated ?

    Brad’s Answer

    When the employer misclassifies an employee income as a 1099 independent contract payment, the employer is shifting the employer portion of the payroll taxes to the employee.

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  • Can Chipotle just fire you without no warning and with no reason?

    Brad’s Answer

    In California, you can be terminated for any reason or no reason, except a prohibited reason. Prohibited reasons are hostility based on your membership or association with a person in a protected class such as race, religion, gender, sexual orientation, military service, pregnancy, disability or opposing illegal conduct.

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