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Brad S Kane

Brad Kane’s Answers

6,025 total


  • Can I sue my landlord for illegal eviction and relocation fees under rent control if I was already forced to move out?

    Brad’s Answer

    Under Civil Code 789.3, if you landlord turned off your utilities with the intent to force you to vacate the unit, you would be entitled to the greater of $100 per day in statutory damages (per utility) or your actual damages plus reasonable attorney's fees.

    Under the RSO, you may also be able to recover the relocation assistance plus reasonable attorney's fees, if you can prove that you would have remained but for the landlord's intimidation.

    You may also have tort claims for wrongful eviction, assault and conversion. Whether attorney's fees are recoverable will be depend on the lease.

    Finally, there are two critical question. First, the landlord sounds dangerous. Do you really want to get involved with the landlord all over again. Second, does the landlord have collectable assets? Does the landlord still own the property and is there equity in the property.

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  • Landlord filed for eviction 2017-18 and later released the case. Can he charge late fees for rent missed/refused in pre-trial?

    Brad’s Answer

    Courts do not consider late fees during an eviction for unpaid rent, when determining if the notice to pay or quit is legally adequate. However, late fees are often legal and enforceable in residential leases assuming they are not an illegal penalty and bear a reasonable relationship to the landlord's additional costs.

    In your situation, a landlord would likely be estopped or prevented from charging late fees, when the landlord was refusing your rental payments.

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  • What laws did my former landlord violate by deducting from my security deposit rent/state fees I already paid ?

    Brad’s Answer

    Under Civil Code 1950.5, the landlord may only make deductions from your security deposit for unpaid rent, cleaning and damages beyond normal wear and tear. The landlord is also supposed to return your security deposit within 21 days of termination of the rental agreement and provide an itemized breakdown of any deductions, including receipts for any materials or third party services plus the hours and rates for the landlord's employees used. If the landlord retains your security deposit in bad faith, you can recover treble damages.

    You should strongly consider documenting the landlord's failure to timely refund your security deposit by sending the landlord a letter pointing out the fact the more than 21 days has passed since you moved out, but you have not received your security deposit or itemized breakdown of any deductions with receipts.

    If the landlord fails to comply with Civil Code 1950.5, the landlord is required to refund your entire deposit. Granberry v. Islay Investments, 9 Cal.4th 738, 745 (1995). However, the landlord can still sue you for damages to the property and/or unpaid rent.

    Ultimately, the landlord fails to refund your deposit, you may have to sue the landlord in small claims.

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  • Can my employer fire me due to not taking the Covid-19 vaccine?

    Brad’s Answer

    There is a split of opinion in the legal community concerning the permissibility of
    employer-mandated vaccination with the currently available COVID-19 vaccine regimes. The
    uncertainty stems from (1) the ambiguity of controlling federal statute; and (2) the dearth of
    current on-point case law.

    The three currently available COVID-19 vaccines were authorized under an Emergency Use Authorization (EUA), and any person carrying out any activity for which an EUA is issued must inform individuals receiving the drug of their “option to accept or refuse administration of the product, of the consequences, if any, or refusing administration of the product, and of the alternatives to the product that are available and their benefits and risks.” The open questions is whether the Act’s language solely addresses the actions of federal officials or also private employers.

    Given the current dearth of controlling case law and a plain reading of the Act, a prudent California employer should only require employees to provide EITHER (i) a recent negative test result (with the employer paying for the tests) or (ii) proof of vaccination.

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  • Is there a legal way to force a company to compensate for my medical/pharmaceutical research?

    Brad’s Answer

    I completely agree with Mr. Kaufman's response. You need someone to help you evaluate the value of your research as well as any potential legal claims that you may have.

    Finally, whether you have an enforceable oral contract for compensation (or a claim for quantum meruit for reasonable value of your services) would require a very careful analysis of all the communications.

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  • What may I do with an issue like this, do I have a case for unjustified termination?

    Brad’s Answer

    Unfortunately, there is no law against being a bad boss and nothing indicating the employer did anything illegal to your mom. Assuming your mom is an at will employee, an employer can terminate her for any reason or no reason, but cannot terminate her for a prohibited reason such as hostility toward a protected class including race, religion, gender, sexual orientation, pregnancy, disability, military service or opposing illegal conduct.

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  • Can they evict me right away?

    Brad’s Answer

    No. Your sublandlord cannot legally evict you without filing a lawsuit and getting a decision from the Court.

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  • Can I sue this company/ group for not doing what they said they were going to do in a deal we signed?

    Brad’s Answer

    Perhaps, you should start out by asking in writing for an accounting of the $25,000 they purportedly spent on promoting your album. When they cannot provide it, you can negotiate an exit from the contract.

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  • Can I sue my employer for not accommodating my high risk pregnancy during a pandemic which resulted in a miscarriage?

    Brad’s Answer

    I am very sorry for your loss.

    Your employer is required to engage in an interactive process and make reasonable accommodations under the circumstances.

    Assuming the employer's actions were not reasonable, you would have to also prove that the additional stress caused the miscarriage, which will be difficult given your high risk pregnancy.

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  • Are you losing any money by the company telling you to clock out 5 minute early?

    Brad’s Answer

    You should be paid for all time worked. There is no valid reason for your employer to instruct you to clock out early.

    You should keep your own written daily time records.

    Finally, you should document in writing with your employer the instructions to clock out early.

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