ca civil code | Dolan Law Firm

What Is The Law Regarding Rental Security Deposits

This week’s question comes from Maria in Fairfield who asks: “My mother rented an apartment on a month-to month basis. She gave the landlord first month, last month and two month’s security. She and the apartment manager had a dispute concerning my brother and his wife who came to stay for several days. They were noisy and upset the tenants. My mom had enough of her harassment and told the manager that she was going to move out.

She gave 30 days notice. She moved out before the thirty days and tried to schedule a walk-through to get her deposit back. The manager said that my mother could come back and clean the apartment and get her remaining items. The manager changed her position and told my mom she could not come back in to clean or get her things. She also said that she would not give my mother back her security deposit because there was a lot of damage. That’s not true.

Sexual Exploitation In The Health Care System

This week’s question comes from Harriette in Marin: “I entered therapy about 5 years ago to deal with some issues involving sexual abuse as a minor. I had struggled with relationships and self esteem for years. I wanted to heal and move forward with my life to establish safe, healthy relationships. My therapist was a man who works with a large healthcare provider. He said it would be good for my process to work with a man, as that is where my trauma lay, abused by a relative who was a man. After a year my therapist and I became intimate.

First it was in the office during sessions, then it progressed to meetings outside including my home. He was married but said he would leave his wife. I thought this was good for me, I felt loved by a man who was stable. I became pregnant and am having his baby. My best friend pressured me for the name of the father.

I resisted. Then he stated that he could not be my therapist anymore and questioned my fidelity accusing me of sleeping with someone else. I was crushed. My baby will be born in two months. My friend says I need a lawyer. Am I at fault? He didn’t rape me, I guess I consented, but I feel foolish and betrayed.”

California Has Laws To Protect Your Gift Cards

Kim M. from Pacific Heights asks: “I want to get my daughter a gift card for the holiday, but I have heard that they have fees and expiration dates that can result in the card losing most or all its value. What is the law regarding these gift cards?”

Gift cards can be good for the retailer and the receiver. The receiver can take advantage of the after-Christmas sales to get more for his or her money, and the retailers get cash upfront without reducing inventory. These cards used to be more of a benefit for retailers, but the California Legislature, in combination with certain consumer-rights groups, has enacted legislation designed to protect consumers.

Who’s Responsible For Maintaining Hazardous Conditions To Power Lines?

Today’s question comes from Tom M. in the Excelsior District who asks, “My parents own a home in Santa Rosa. It burned down in the fires last week. I have heard that PG&E may have known that there were dead branches or sparking transformers and that they didn’t care for their lines and that may have started the fire. What is my parent’s recourse if this is true.”

Is Serving Or Selling Alcohol To A Drunk Person Illegal In California?

drunkdriver

This week’s question comes from Trisha from Hayward who asks; “My son and his friend were home from college and were out to the movies when a young man, who was drunk, ran into them and caused some real bad injuries. All I know so far is that the kid was coming from his uncle’s house where there had been a New Year’s Eve party where alcohol was present. There was a 1/4 full bottle of vodka in the trunk in the bag it came in. The receipt showed he purchased the alcohol at 12:30.00 a.m. The kid blew a .21.” Can the uncle be held liable for providing the alcohol ?