A: The safe answer is no. Currently there no clear legal answer on whether you are allowed to ask customers their zip code. The typical situation is this – A customer checks out at your local retail store and in completing the sale the cashier asks the customer for their zip code. There are at least two pending lawsuits where customers have filed suit against the retailers who requested zip codes. Not only are the customers claiming that the practice … Continued
Author Archives: menifeelawyer
The California Judicial Branch provides helpful information on how to locate your Superior Court. Click here to find your Court.
SCAMS – If it’s too good to be true…well you know! This month I was planning to write an article covering the topic of conservatorships, however, an issue was brought to my attention this month that is of a more pressing nature. This month alone approximately ten clients have been the attempted victims of a scam. Luckily, none became actual victims. So, let me use this opportunity to discuss a few of the common scams that are running rampant as … Continued
Executor’s role in Probate What is an “Executor?” In California the Executor is also called a personal representative. It is the person or entity nominated by the deceased person (the “decedent”) in a Will to administer the estate of that person as directed by the Will. Let’s start by stating that it’s both an honor and a burden to serve as someone’s executor. An executor – now also called a personal representative – is entrusted with responsibility for winding up … Continued
WHAT IS PROBATE? Probate is a legal proceeding that is used to wind up a person’s legal and financial affairs after death. In California probate proceedings are conducted in the Superior Court for the county in which the decedent lived, and can take at least eight months and sometimes as long as several years. WHAT HAPPENS DURING A PROBATE? The person who is nominated in the will as executor files a petition with the Superior Court asking that he or … Continued
This land is your land…until the government wants it! First, let’s discuss that Eminent Domain refers to a fundamental power of the government to take private property for a public purpose without the owner’s consent. The power of eminent domain is incorporated in both the United States and California Constitution. Specifically, the Fifth Amendment to the United States Constitution prohibits the federal government from taking private property for public use without just compensation and the Fourteenth Amendment prohibits state … Continued
Partition Actions in Real Estate Law Sometimes joint owners of property cannot agree on what to do with their piece of property. Fortunately, almost every state has a legal procedure to divide real property when the joint owners decide to go their separate ways. One owner can file what is called an action for “partition”. In a divorce action, a parent can sue for custody of a child. Similarly, in a partition action, a joint owner can sue for “custody”, or full ownership, of their real property. … Continued
Our office just appeared on ABC 7 (Los Angeles Station) discussing our representation of a dog that Riverside County Animal Control was recommending to be euthanized. We represented the owners and the dog arguing that the loving and sweet dog should not be euthanized and rather returned home. We were successful in our representation and the dog was able to return to his loving home and his family.
MONEY IS NOT ALWAYS THE ANSWER It appears that the growth of small businesses will continue to progress in 2014 as small businesses have generated more than 65% of the new jobs created in the U.S. since 1996. With every small business comes employees and employee issues. Every small business knows that a good employee is worth three bad ones. How to motivate employees is a science that continues to develop. In times past, business owners would resort to money … Continued
CIVIL REMEDIES FOR CHILD ABUSE Every day it seems there is a story in the news about a child being physically or sexually abused by an adult. In 2010 there were nearly 6 million children who were victimized by child abuse in the United States. According to the U.S. Department of Health and Human Services, nearly 600 thousand children, almost ten percent of the 6 million reported incidents, were victims of sexual abuse. The abuser could be a teacher, … Continued