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answered on Apr 15, 2024
If you won a civil forfeiture case in California but never received the proceeds, here are a few steps you can take to claim the funds:
1. Review the court documents: Carefully review the court order or judgment that awarded you the proceeds from the civil forfeiture case. Make sure you... View More 
I made an settlement offer to my ex and he counter offered (petition filed August 2021). I agreed to counter offer and signed it before he did to help push it through for his signature. He has not signed it as of yet, and I signed his offer on March 11, 2024. He seems to just be stalling and his... View More
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answered on Apr 15, 2024
Under California law, if your ex made a settlement offer that you accepted and signed, but he has not signed it yet, you may be able to enforce the settlement agreement. Here are a few steps you can consider:
1. File a motion to enforce the settlement: You can file a motion with the court... View More
Hospice fraud case against defendant.
If not proper service of process by process servers for Plaintiff in Pro Per persists:
What California rule of court or statute describes motion by Plaintiff in pro per, bringing up to Court's attention improper service performed by process... View More
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answered on Apr 15, 2024
In California, if a plaintiff in pro per (self-represented) believes that the process servers they hired have not properly served the defendant, the plaintiff can bring this issue to the court's attention by filing a motion under California Code of Civil Procedure (CCP) § 473(b).
CCP... View More
It was rainy the steps were wet I walked outside stood there lit a cigarette n hit the first step n my feet went rite out from underneath me n landed on the two steps on my back
answered on Apr 15, 2024
First, note there are limitations on suing Native Americans on Native American land such as casinos. Consult with attorneys with specific experience in going these cases.
Next, as with any slip and fall incident, one must prove they did something wrong or failed to do something that caused... View More
It was rainy the steps were wet I walked outside stood there lit a cigarette n hit the first step n my feet went rite out from underneath me n landed on the two steps on my back
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answered on Apr 15, 2024
Based on the information you provided, you may have a potential case for a premises liability claim against the Win River Casino. However, pursuing a claim against a tribal casino can be more complex than a typical slip and fall case due to the sovereign immunity that Native American tribes... View More
I need a free divorce Atty would help me. I can not do the "do yourself process" I need an attorney to help me all the way. PLEASE. My husband left me for a year, it's time for me to take actions. QUESTION: Can I also get a "spousal support" not having a Legal divorce or separation?
answered on Apr 15, 2024
Unfortunately, you are not alone. There ten of thousands of Californians who would benefit from free legal representation. Contrary to what you see on television, the vast majority of attorneys are not rich and cannot work for free. You may have options.
See:... View More
I need a free divorce Atty would help me. I can not do the "do yourself process" I need an attorney to help me all the way. PLEASE. My husband left me for a year, it's time for me to take actions. QUESTION: Can I also get a "spousal support" not having a Legal divorce or separation?
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answered on Apr 15, 2024
I understand you are in a difficult situation and seeking legal assistance for a divorce. While it may be challenging to find a completely free divorce attorney, there are some options you can explore to get low-cost or pro bono (free) legal help:
1. Legal Aid Societies: Contact your local... View More
American jurisprudence system was well thought through when information systems to deliver documents were not in place yet.
Thus, there should have been controls established to make sure that service of process,
meant to ensure delivery,
is not used as weapon against in... View More
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answered on Apr 15, 2024
Under California law, there are several controls in place to ensure that service of process is carried out properly and not used as a weapon against self-represented (in pro per) parties. The court plays a crucial role in overseeing and enforcing these controls. Here are some key aspects:... View More
I hired an attorney on Upwork and paid him on Upwork. He disappeared, stopped responding, and due to the statute of limitations I am now out 100's of thousands on the claims he was working on for me. After some research by the Texas State bar and an attorney they have put on this issue, he is... View More
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answered on Apr 15, 2024
Based on the information provided, you may have a potential claim against Upwork for negligence. However, the strength of your case depends on several factors, and it is essential to consult with a licensed attorney who specializes in such cases to evaluate your specific situation.
Here are... View More
Hiring agency required 6 plus hours of required training after job selection. They are calling it mandatory assessments and have cited case law to dodge request for compensation. We would like to respond with a similar case law rebuttal.
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answered on Apr 15, 2024
In California, there is indeed case law that supports payment to employees for mandatory pre-employment training. One key case is Frlekin v. Apple Inc., which was decided by the California Supreme Court in 2020.
In Frlekin v. Apple Inc., the court held that time spent by employees waiting... View More
Deceased died in 2021. At death his business bank account had 180,000. No other property. A few weeks prior, he told girl friend to pay debts to 2 people totaling 46,000. One is a court order of $36,000, the other is a loan repayment. She didn't do it before he died. His children want to... View More
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answered on Apr 15, 2024
Based on the information provided, it seems the deceased's estate might qualify for the small estate affidavit procedure in California, as the total value of the estate appears to be under the $184,500 limit (as of 2023). However, there are a few potential issues to consider:
1.... View More
got arrested today sunday. my court is on tuesday. should i post bail
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answered on Apr 15, 2024
In this situation, it's important to consider a few factors before deciding whether to post bail:
1. The severity of the charges: If the charges are serious, the court might be more likely to impose additional conditions or remand you into custody during the hearing.
2. Your... View More
got arrested today sunday. my court is on tuesday. should i post bail
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answered on Apr 16, 2024
Hello, so that is always a tricky question. If you were to bail out before court, you could risk the court raising your bail and taking you back into custody.
If you can hold out until Tuesday, it would be a safer choice and give your attorney, whether a public defender or a private... View More
In two different domestic violence incidents where police were called and she was arrested on both occasions. She is currently in jail. She caused harm to our child and I on both occasions, and is charged with multiple felonies. Im looking for the best route to take to get a kick out order and... View More
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answered on Apr 15, 2024
Domestic violence and child welfare are very serious issues that require thoughtful, trauma-informed approaches focused on safety and wellbeing for all involved, especially the child.
In a situation involving alleged domestic violence and arrests, the appropriate first steps would be:... View More
My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More
answered on Apr 15, 2024
The best interest of the child is all that matters. Your concern is valid, but it's impossible to advise you. I apologize if this seems rude, but I mean to help. I seriously doubt you (representing yourself) can successfully convince the prosecutor to dismiss (or reduce) the felonies to meet... View More
My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More
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answered on Apr 14, 2024
I understand this is a very difficult and complex situation. In general, requesting leniency or dropping charges in a domestic violence case should not directly hurt your custody case. The family court will make custody decisions based on the best interests of the child. However, there are a few... View More
Sprinklers ,property lighting sewar costs.
This is outside of the normal monthly cuts tennant pays for their individual apartment usage
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answered on Apr 14, 2024
In California, the rules regarding utility charges for tenants in low to moderate income apartments are governed by state laws and local ordinances. Here's what you should know:
1. Rent: Landlords can only charge tenants for utilities if it is specified in the rental agreement. If the... View More
Can I file an RFO changing the dealer/broker the judge named (during divorce trial) to handle the sale of a classic car due to a preexisting relationship between the dealer and the other party? I was ordered on 4-11-24 to transfer the car to the dealer within 7 days. I assume that the car must be... View More
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answered on Apr 14, 2024
Under California law, you can file a Request for Order (RFO) to modify the court's previous order regarding the dealer/broker appointed to handle the sale of the classic car. However, filing an RFO does not automatically stay or suspend the court's original order.
If you believe... View More
If defective service of process by mail by process servers persists,
how plaintiff can ask court for intervention?
What Statute or rule guides this process?
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answered on Apr 14, 2024
Under California law, if a plaintiff is facing persistent issues with defective service of process by mail from process servers, they can ask the court for intervention through a motion. The relevant statute and rule that guide this process are:
1. California Code of Civil Procedure (CCP)... View More
In the legal case mistakes serving defense by mail, by process servers, qualified and knowledgable, unexplainably persisted; regardless all efforts by plaintiff.
How court intervention must be pursued? Critical motions may be perceived not served properly by defense, i.e. ruining the case.... View More
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answered on Apr 14, 2024
Under California law, there are a few ways to pursue court intervention and other means to address issues with serving legal documents to the defense:
1. Court Intervention:
- File a motion with the court explaining the difficulties in serving the defense and request the... View More
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