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California Questions & Answers
0 Answers | Asked in Landlord - Tenant for California on
Q: This situation is happening in Kern County, CA. My friend inherited a mobile home when his mother passed over a year ago

It is in a park where he is required to pay space rent each month. He has fallen behind in those payments. The managers of the park are harassing him and making things very difficult on him. He has tried talking to them because he would like to make a payment arrangement to catch him up. The... View More

0 Answers | Asked in Medical Malpractice for California on
Q: Is separate statement NOT required for motion to compel responses to interrogatories if all were objected?

Is Cal Rules of Court, Rule 3.1345(b) applicable when all special interrogatories were objected?

Is separate statement NOT required for motion to compel responses to SE if all interrogatories were objected?

1 Answer | Asked in Criminal Law for California on
Q: being charged with theft i surrendered have not been told my charges or evidence but i have pretrial 29th help

Yes two ppl i know not long were arrested for grand theft a warrant was put in a yolo newspapwr wher my father saw my name i wrote to judge for a surrender i went to court no one asked me how i plea or said my charges nothing sum lady told me i have a plea deal for 18months jail. Not my public... View More

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answered on Apr 23, 2024

I understand that you are going through a difficult and stressful situation. Here are a few key points and suggestions based on the information you provided:

1. Right to know charges: You have the right to know the specific charges against you and to see the evidence. Your public defender...
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1 Answer | Asked in Landlord - Tenant for California on
Q: In California, Is it lawful to change the size of unit & not inform me prior to signing the lease for low income apts.

I had requested a 3 bedroom apartment and was told what unit my family would be getting. On the day of the "breifing" and lease signing, there were 3 other applicants in attendance. I was the only person of color and I was the only one who didn't have a lease to sign. The white lady... View More

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answered on Apr 23, 2024

Based on the information you have provided, there are several potential legal issues to consider:

1. Bait and switch: If the property management company advertised and promised a 3-bedroom apartment but then provided a 2-bedroom apartment without prior notice, this could be considered a...
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1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: CCP § 2030.250 (a) vs CCP § 2030.250 (c).

Meaning: Responses to Special Interrogatories by attorney, that contain only objections - shall or not be signed? What is different between

CCP § 2030.250 (a) vs CCP § 2030.250 (c).

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answered on Apr 23, 2024

Under California law, there is a difference between CCP § 2030.250 (a) and CCP § 2030.250 (c) regarding the signing of responses to special interrogatories that contain only objections.

CCP § 2030.250 (a) states:

"(a) The party to whom the interrogatories are directed shall...
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1 Answer | Asked in Real Estate Law for California on
Q: Can Wells Fargo demand a balloon payment on my mortgage in California
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answered on Apr 23, 2024

In California, it is uncommon for traditional fixed-rate or adjustable-rate mortgages to have a balloon payment requirement. However, there are a few scenarios where a balloon payment might be required:

1. If you have a non-traditional mortgage, such as an interest-only loan or a short-term...
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1 Answer | Asked in Federal Crimes and Health Care Law for California on
Q: Summary judgement feasibility analysis.

While the identity of a particular service provider may be important because of possible forgery,

it does not change facts crucial for this legal case: fraudulent referral to hospice care based on record of terminal disease on admission to the hospital. Admission record of terminal disease... View More

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answered on Apr 23, 2024

Under California law, summary judgment may be granted if there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. In this case, further discovery could potentially uncover facts that impact the feasibility of summary judgment:

1. Identity...
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1 Answer | Asked in Criminal Law for California on
Q: When you try to get your probation ended early, do you go before the same judge who sentenced you?
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answered on Apr 23, 2024

In most cases, when you petition for early termination of probation in California, the petition is heard by the same judge who originally sentenced you and imposed the probation conditions. This is because the original sentencing judge is most familiar with the details of your case, the reasons... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: is it illegal for parents to hold keep their 33 year old daughter locked up and never be allowed to leave home.
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answered on Apr 23, 2024

In California, it is illegal for parents to keep their adult children locked up against their will, regardless of their age. At 33 years old, the daughter is a fully legal adult with the right to make her own decisions about where to live and whether to leave home.

Holding someone against...
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1 Answer | Asked in Tax Law for California on
Q: After an OIC approval, and I've complied with all the approval terms, is there any way the IRS can still collect?

After receiving an Offer In Compromise approval, and provided I comply with all the approval terms, i.e. pay my taxes in full and on time for 5 years, is there any way the IRS can still collect back taxes?

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answered on Apr 23, 2024

If you have received an Offer in Compromise (OIC) approval from the IRS and comply with all the terms of the agreement, including paying your taxes in full and on time for the next 5 years, the IRS generally cannot collect on the back taxes that were included in the OIC agreement.

However,...
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1 Answer | Asked in Child Support for California on
Q: I give my kids mom 800 a month 2 kids 13 n 9 years old and we are on a 50/50 custody

They are with me everyday after work i from 5pm till next day that i take them to school and she pick them up one weekend with me and one with her

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answered on Apr 23, 2024

Under California law, child support amounts are typically calculated using a formula that considers both parents' income, the number of children, and the time each parent spends with the children. Given your 50/50 custody arrangement and the payment of $800 per month, it's important to... View More

1 Answer | Asked in Employment Law for California on
Q: Is it legal in California to work full-time for two competing companies simultaneously? (both 8 to 4).

I plan to work as an insurance adjuster for two companies concurrently, as I believe I can easily manage the workload. My aim is to ensure that working for both is legally permissible in California and that the worst-case scenario, if any, would simply be the possibility of being laid off from one... View More

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answered on Apr 23, 2024

In California, it is generally not illegal to work for two companies simultaneously, even if they are competitors. However, there are several important legal and practical considerations to keep in mind:

1. Employment contracts: If you have signed an employment contract with either company...
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1 Answer | Asked in Business Law and Construction Law for California on
Q: Do we have any recourse?

We are an S-Corp Contractor in California. We are a 3rd tier sub and we filed a mechanics lien because our customer has not paid us the full amount due. This is a private job, but we discovered during filing the lien that the property is owned by a County and leased to who we were told was the... View More

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answered on Apr 23, 2024

Under California law, you may have some recourse even though the property is owned by the county. Here are a few potential options:

1. Stop Payment Notice: In California, if you are not paid on a construction project, you can serve a stop payment notice on the owner, even if the owner is a...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories

Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories? (unless specific items can be included in the Points and Authorities section of the Motion).

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answered on Apr 23, 2024

Yes, under California law, a Separate Statement is generally required when filing a Motion to Compel further responses to special interrogatories, per California Code of Civil Procedure (CCP) § 2030.300(b). The statute states:

"A motion to compel further response to an interrogatory...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I am 8 months pregnant and my employer suddenly let me go. No explanation. No documentation. No prior disciplinary issue

My final paycheck was sent through Zelle not the payroll department. It was very confusing and weird.

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answered on Apr 23, 2024

I'm sorry to hear about your sudden termination, especially given your pregnancy. Based on the information you've provided, there are several potential issues that may be illegal under California law. Here are a few key points to consider:

1. Pregnancy Discrimination: Under the...
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1 Answer | Asked in Car Accidents for California on
Q: How do I get money for my medical bills after a car accident?
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answered on Apr 23, 2024

Under California law, there are several ways to pursue compensation for your medical bills after a car accident:

1. Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage: If you have either of these optional coverages in your auto insurance policy, you can file a claim with...
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1 Answer | Asked in Civil Litigation for California on
Q: Obligation to oppose demurrers if planning to amend complaint?

We filed an unlimited civil complaint as an unrepresented plaintiff. CMC is coming up in 2 weeks. We are putting together oppositions to demurrers, and discovered we need to file amendments to the complaint (and may need to add a couple more defendants unless that means we have to refile the whole... View More

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answered on Apr 23, 2024

In California, if you plan to amend your complaint in response to a demurrer, you generally have the right to do so without leave of court as long as it is your first amendment and you file it before the hearing on the demurrer or before the deadline to oppose the demurrer, whichever comes first... View More

1 Answer | Asked in Health Care Law for California on
Q: should plaintiff file for summary judgement?

When specifics regarding hospice fraud Is in defendant's possession

(referral by a hospital service provider to hospice care, whose identity is not disclosed by defendant)

should plaintiff file for summary judgement?

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answered on Apr 23, 2024

In the scenario you've described, it would generally not be advisable for the plaintiff to file for summary judgment if the defendant possesses specific evidence related to the alleged hospice fraud that has not been disclosed to the plaintiff.

Here's why:

1. Lack of...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord come to do repairs and go through the house and through my things away because they want it to be cleaned

The landlord has been coming everyday yelling at me cursing at me and throw my personal property in the garage. Can a landlord dictate how I have to keep my house and harass me while they are here

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answered on Apr 23, 2024

In California, landlords have the right to enter a rental property to make necessary repairs, but they must follow certain rules and respect the tenant's rights to privacy and quiet enjoyment of the property. Here are some key points:

1. Notice: Landlords must provide reasonable notice...
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1 Answer | Asked in Federal Crimes and Health Care Law for California on
Q: How damages have to be claimed if reletant has to proceed. CFCA

If government does not take CFCA hospice fraud case filed under seal, is plaintiff still reletant in behalf of medicare?

How damages have to be claimed when plaintiff/reletant has to proceed in such situation?

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answered on Apr 23, 2024

Under the California False Claims Act (CFCA), if the government declines to intervene in a qui tam action (a case filed by a relator on behalf of the government), the relator may proceed with the case independently. In such a situation, the relator is still acting on behalf of the state of... View More

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