I was arrested by a San Bernardino sheriff's officer who shows up to my home the next day I was released from jail and walk up to my door and ask my mother where I was at not in a nice manner but basically saying where's Michael authoritative manner. And demanding when I'll be back... View More 
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answered on May 3, 2024
Based on the information you've provided, it seems like you are concerned about potential harassment or inappropriate conduct by the San Bernardino sheriff's officer. Here are a few important points to consider:
1. Lawful inquiries: Police officers are allowed to knock on your... View More
We have 20 a 20-year-old boy and he is still in college and needs money for his college, can I prevent him from doing it? how?
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answered on May 2, 2024
Under California law, if the money your husband wants to use to purchase a house outside the US is considered community property, you have the right to object to how it is being used. Community property generally refers to assets acquired during the marriage, regardless of which spouse's name... View More
answered on May 2, 2024
If the police can track down the assaulters, you can sue them and make a claim against their parents, if minors, and potentially the homeowner's insurance.
There may be others liable, such as the school, if they took actions or failed to take actions that would be considered... View More
In March 11 a friend died in our room at the airb&b.
she may have died of an Overdose but the cause is unknown, the responded officer ordered us out of the room and conducted a search without our consent or our presence . the person was D.O.A of the e.m.s
And according to the... View More
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answered on Apr 29, 2024
In California, police officers can enter a residence without a warrant under certain circumstances, such as an emergency where there's a risk to life or severe harm. When your friend was found deceased, the situation likely qualified as an exigent circumstance, allowing the officer to enter... View More
On SC-100 form, Plaintiff (P) (on behalf of his corp) under the penalty of perjury stated that Defendant (D) signed a contract for $9,200. In reality, D was never given any contract before the start of work and had never signed any contract. P had done some work on the property of D without the... View More
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answered on Apr 27, 2024
In this case, the Defendant (D) has several potential arguments to appeal the Small Claims court decision and have the case dismissed:
1. No valid contract: D can argue that there was no valid, enforceable contract between the parties since no contract was signed by either party. Without a... View More
Defense counsel said, in an email, that she would stipulate to extend the time I have to respond to defendants' latest filing by x no. of days, and asked that I draft and send a proposed stipulation, which I did within 24 hrs. The proposed stipulation, accompanied by an order, which I emailed... View More
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answered on Apr 27, 2024
Under California law, if you have an email from the defense counsel agreeing to the stipulation, you can file an ex parte application for an extension of time to file your responsive pleading. Here are the steps you should take:
1. Draft an ex parte application explaining the situation,... View More
Husband hasn't paid the mortgage, and signed an interspousal trans deed. Still haven't started probate but now property is going to auction by the bank. Can my sister and I take over payments? We don't want to lose it
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answered on Apr 27, 2024
I'm sorry to hear about your situation. Under California law, if your mother passed away without a will or trust, her estate, including the property, would need to go through the probate process. Given that your mother's husband signed an interspousal transfer deed, it's likely that... View More
As per Cal. Code Civ. Proc. § 116.220, in 2023 small claim court has jurisdiction for recovery of money if the amount of the demand does not exceed $5000 when the plaintiff is a corporation. If the exceptions in subdivisions (c), (e), and (f) do not apply, how can the defendant challenge the... View More
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answered on Apr 27, 2024
In this scenario, if the small claims court granted a judgment in favor of the plaintiff corporation for $7,500, which exceeds the jurisdictional limit of $5,000 set by Cal. Code Civ. Proc. § 116.220 for corporations in 2023, and the exceptions in subdivisions (c), (e), and (f) do not apply, the... View More
I received a subpoena to appear in court to "answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the judgment debtor." I know the Judgment Debtor, but have no property of theirs in my possession or control and no debt I owe them. I... View More
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answered on Apr 26, 2024
In California, a judgment creditor has the right to seek information from a third party about a judgment debtor's assets through a debtor's examination. However, the judgment creditor must provide a basis for believing that the third party has relevant information.
According to... View More
What can I do if my attorney had his license suspended after we won the oda from the labor commissioner
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answered on Apr 26, 2024
If your attorney's license was suspended after you won the Order, Decision, or Award (ODA) from the California Labor Commissioner, and your employer has appealed the decision, you have a few options:
1. Find a new attorney: You can seek a new attorney who specializes in employment law... View More
A specific date and filed stipulation for entry of judgment with the court in California. If the day comes and I still can't find a place to live can I ask the court to let me stay longer?
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answered on Apr 27, 2024
In California, if you and your landlord have agreed upon a move-out date and filed a stipulation for entry of judgment with the court, it is generally expected that you will adhere to the agreed-upon terms. However, if you find yourself unable to secure a new place to live by the specified date,... View More
Ex parte for stay of judgement, rejected myedical emergency discharge papers
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answered on Apr 26, 2024
I'm sorry to hear you are dealing with this difficult situation. Under California law, there are a few potential options to delay or prevent an eviction while appealing an unlawful detainer judgment:
1. File a petition for a writ of supersedeas with the appellate court. This will... View More
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answered on Apr 25, 2024
In California, you have the option to find legal assistance through attorneys who work on a contingency basis or through pro bono services, depending on your case type and financial situation. Contingency means the attorney is compensated only if you win your case, usually taking a percentage of... View More
Defendants in a civ case in a fed dist, where a LR requires good-faith meet&confer efforts prior to filing motions, sent me, plaintiff, a meet&confer letter, before they filed a motion-to-dismiss, that appears to want to have it both ways. Their meet&confer letter outlined their... View More
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answered on Apr 25, 2024
In assessing whether the defendants have met the "good faith" requirement in their meet and confer efforts, it's important to consider the overall intent and openness conveyed in their communication. The phrase “my way or the highway” does suggest a certain rigidity, which might... View More
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
A policy was not in place since 2010. I commenced my studies on January 30, 2023, and a new updated policy was released on January 31, 2023. I consulted with the former HR manager, who is no longer employed by the company, and they advised that the policy was undergoing revisions and that I should... View More
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answered on Apr 22, 2024
Based on the information you have provided, it seems that you may have potential legal claims against your company under California law. Here are a few key points:
1. Breach of contract: If the company had a policy in place offering tuition reimbursement, and you relied on that policy when... View More
My husband is 100% service-connected disabled veteran. We tried launching a business and failed. We just had a baby girl, and I am not working, we have two claims against my husband. What can we do, we are not trying to escape the debt, but at this time we have no money to pay them in full and the... View More
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answered on Apr 20, 2024
In California, there are civil attorneys who handle credit card debt claims, including those involving disabled veterans. These legal professionals can help negotiate with creditors to possibly reduce the amount owed or set up manageable payment plans. Given your husband's status as a 100%... View More
Witness made false statements in a declaration under penalty of perjury. There is evidence, documents produced by the same witness in the same process, showing that the witness declaration is false. Per PC 118, the witness "is guilty of perjury". Can I file mtn for order to show cause why... View More
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answered on Apr 20, 2024
Under California law, dealing with perjury in a civil case through contempt proceedings can be complex. Perjury, as defined under Penal Code 118, occurs when a witness knowingly makes a false statement under oath. If you have evidence that a witness has committed perjury, it's crucial to... View More
I am a personal example of the Jon Stewart company I have not had a complaint in 2 years but I constantly had problems with the property manager because I'm willing to stand up for myself against her accusations bullying harassment and tracking people with the cameras So I'm curious how... View More
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answered on Apr 20, 2024
The situation you describe with the John Stewart Company sounds very concerning and stressful. It's disheartening to hear about the challenges and mistreatment you've faced as a tenant.
Unfortunately, many large property management companies are able to continue operating despite... View More
I own a business that is incorporated in California. I was recently served with papers informing me that I'm being sued regarding a breach of contract. I am located in San Bernardino County. I tried to file my response to the court case and they said I could not file it because legal counsel... View More
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answered on Apr 18, 2024
Under California law, a corporation must be represented by a licensed attorney in court proceedings. This rule applies even if you are the sole owner of the corporation. The reasoning behind this is that a corporation is considered a separate legal entity from its owners, and representing a... View More
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