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California Questions & Answers
1 Answer | Asked in Lemon Law for California on
Q: What do I do if I am leasing a lemon and it's been on shop for almost a month and no estimated time of fix lost my job

And now I am going to lose my place to live and still don't know when I will get my car back help what can I do

Yelena Gurevich
Yelena Gurevich
answered on Dec 5, 2022

have you called and consulted with auto fraud attorneys regarding the issue?

1 Answer | Asked in Consumer Law, Contracts and Products Liability for California on
Q: Is there a law protecting consumers from auto dealer fraud?

I bought a Camaro in July. After major issues almost immediately with the vehicle, I started questioning the dealership. I was given certified papers that the car only had one previous owner, had never been in an accident and that their mechanics had gone over the car. When the rear end fell off, I... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Dec 5, 2022

Yes, California has the consumer legal remedies act which protects car buyers from such issues. There are also many warranty laws that may apply here. There are specific attorneys practice dealership fraud law. Call and have a consultation. Make sure you have all your paperwork ready to provide... Read more »

1 Answer | Asked in Family Law for California on
Q: My husband was served divorced papers 2 years ago, would like to be guided with the process, nothing is done after that

Would like to know what’s the next thing be done I would like to continue the process

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 5, 2022

How can he be your husband while still married to someone else? If he needs an attorney, there is a directory on this site.

2 Answers | Asked in Estate Planning and Wrongful Death for California on
Q: Does a widow remain next of kin indefinitely even if they remarry?

My father passed away in January 2020. He was in the Marines and was stationed at Camp Lejeune. I'm wanting to file a claim because he died as a result of being stationed there. Would my lawsuit need to incorporate his widow if she's remarried?

Adam Stoddard
Adam Stoddard
answered on Dec 5, 2022

Typically in a wrongful death lawsuit, all heirs must join either as plaintiff's themselves or as a nominal defendant. You may also have to comply with the Federal Tort Claims Act. Given that he died over two years ago, you may also have a statute of limitations issue. You should consult an... Read more »

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3 Answers | Asked in Estate Planning for California on
Q: Can a beneficiary of property in a will legally sell their part of the property 4 years before trustor dies.
David Ostrove
David Ostrove
answered on Dec 4, 2022

Yes, you can sell. BUT

You own a mere expectancy, with probably no value.

You may sell,

But, nobody is going to buy.

Because if you are named in the will or trust and the maker of the will or trust is still alive, he can change the will or trust anytime he wants to....
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Hi - I'd like more information on this patent: Patent number: 8633982

Is this a 20 year patent? How close to the design could a competitor come without violating the patented protection?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Dec 3, 2022

Google patents lists the expiration date of October 9, 2031 (assumes payment of all maintenance fees).

There are three independent claims. In order to infringe the claims, you need to do what is either literally in claim 1, 8, or 14 or be covered by the slight expansion of scope afforded...
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1 Answer | Asked in Public Benefits for California on
Q: Is a California nonprofit public benefit corporation required to distribute a percentage of its assets annually ?
Matthew Morris
Matthew Morris
answered on Dec 3, 2022

It depends.

Let's start with one assumption: that there is no provision in the corporation's bylaws or other governing documents that requires distributions. If the governing body of the corporation has voted to require annual distributions, then the leadership of the...
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1 Answer | Asked in Domestic Violence for California on
Q: Ex got a temporary restraining order on me and took my car . We’re both on the title but I have made all the payments
Dale S. Gribow
Dale S. Gribow
answered on Dec 2, 2022

I think you should contact a local family law attorney if you don't already have one.

Both being on the title, you should both have the right to the car...........

A divorce lawyer should help to present this evidence to the judge.........and or deal with the atty for your ex...
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1 Answer | Asked in Divorce for California on
Q: I need steps to get a divorce the cost for a divorce how to go about getting my name off the house and truck loan.
Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 2, 2022

The Superior Court's website contains a self-help link which includes a list of the steps in a divorce. Otherwise, hire an attorney who will take those steps for you and on your behalf.

1 Answer | Asked in Medical Malpractice for California on
Q: What can i do when i have been denied or neglected for a rare parasite infection 3 yr have seen er and many dr.

Im 60 yrs old disabled widow still ill

Lyndsie Nichole Russell
Lyndsie Nichole Russell
answered on Dec 2, 2022

You should contact an experienced medical malpractice attorney to determine whether you have a case and whether you are still within the time frame to file a lawsuit. Typically, you can file a lawsuit within one year of the malpractice. There are exceptions to this rule that an attorney can... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Is this a California dental malpractice case?

I got some implants. They look terrible and are terrible. 1 is infected and causing pain 1 appears to be drilled into another root. I gave the dentist a chance to correct his mistake and he never came up with any solution. That was 6 months r so ago. I finally ended up contacting my visa card and... Read more »

Lyndsie Nichole Russell
Lyndsie Nichole Russell
answered on Dec 2, 2022

It would be best for you to contact an experienced medical malpractice attorney to review your case especially since a dentist mentioned to you that it may be malpractice. Please be aware that there is a statute of limitations (or a time limit) on when you can file a medical malpractice case which... Read more »

1 Answer | Asked in Animal / Dog Law and Civil Litigation for California on
Q: can I get a motion heard in without filing a cause of action with the complaint in California

I think I should file a motion ordering the defendent to return property to its rightful owner. Would I need to file a partial summary judgement for ownership then continue civil litigation for damages for the second part

Adam Stoddard
Adam Stoddard
answered on Dec 2, 2022

It is unclear what you are trying to do here. It sounds like you have not filed a complaint yet since you state "can I get a motion heard in without filing a cause of action with the complaint in California." If you have not filed a Complaint, then you cannot file a motion with the Court.... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can you sue a company if they withdraw your employment after you sign your contract?

I signed a contract to work as a technical support agent for a self driving car company. My role would require no driving. However one day before I was to start (contracts signed, everything ready to go) they revoked my offer because I was found at fault in a car accident three months previously.... Read more »

Neil Pedersen
Neil Pedersen
answered on Dec 1, 2022

Unless your contract guaranteed you a specific amount of time of employment and did not have an at will provision, you will not have a meritorious claim.

All employment in California is considered to at will, meaning the employer can terminate employment for any reason or even no reason at...
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1 Answer | Asked in Elder Law, Employment Law and Health Care Law for California on
Q: I work at a SNF facility that assigns NOC shift CNAs 20-28 residents to care for in an 8-hour shift, is this legal?

I have worked at multiple SNF facilities (Post-Acute care, LTC STC) that assign 20-28 residents in an 8-hour NOC shift or 10 residents in an 8-hour PM shift to one CNA. Many need incontinence, toileting, feeding, bathing, & hygiene care assistance, fall risk monitoring & pain management,... Read more »

Sally Bergman
Sally Bergman
answered on Dec 1, 2022

As an attorney whose practice focuses on older adults, this is very disturbing to hear reports like this. I would suggest you call California Advocates for Nursing Home Reform (CANHR.ORG) at 800-474-1116. They're a non-profit that advocates for older adults, particularly those in... Read more »

1 Answer | Asked in Criminal Law, Identity Theft and Small Claims for California on
Q: My ex submitted a loan application and was approved for a $20,000 loan for her business. This was all done using my info

I never approved for her to use my information to get this loan and now I’m getting calls from debt collectors saying I owe $19,000 because she has not been paying the loan and it’s all under my information. This is not my loan and I never approved any of this.

Dale S. Gribow
Dale S. Gribow
answered on Dec 1, 2022

when you say your EX, does that mean you were divorced?

if so what she did, arguably broke the law.

did you report it to law enforcement?

you may want to contact a local lawyer to write a letter and try to explain this to the people coming after you. I think a police report...
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1 Answer | Asked in Criminal Law for California on
Q: Husband has done 40yrs for a murder he committed. He got LWOP when he was 19. Is there a way to get a clemency hearing?

Is there a way to get him out

Dale S. Gribow
Dale S. Gribow
answered on Dec 1, 2022

for clemency you have to go through the governor of the state of Calif............

are there positive facts to warrant it? new evidence?

1 Answer | Asked in Criminal Law for California on
Q: Im homeless and req'd to report to probation within 24 hrs of release. I called and told to be in person but now past 24
Dale S. Gribow
Dale S. Gribow
answered on Dec 1, 2022

if you think there is a warrant out for you, I would contact the lawyer who represented you to surrender you to the court.

1 Answer | Asked in Trademark for California on
Q: I am being sued for trademark infringement, although I have not been served yet. But the case # is 4:2022cv0416.

How can I find out the details of the case, and he supposed infringement?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Dec 1, 2022

Checking all four federal district courts in California, this case number shows up as "sealed" which is quite extraordinary for a trademark case. Consequently, no further information is available. Perhaps you have the wrong case number. If you contact me, perhaps we can search for the... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for California on
Q: What Federal Statute to use for Motion to Vacate/Expunge Arrest off of My CJIS,DOJ, CORI of an Arrest with No Conviction

18 USC 499, Arrested, No Plea, No Highest Offence Level, Nor Conviction, No Pending Counts. I was released on my own recognisance. I have the PACER Docket 3:92-mj-04824-HRM; Case# 92MJ04824, The Original Case happened in 1992, but was DISMISSED BY ORAL MOTION OF GOVT, ON 11/1/94 By Magistrate Judge... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 1, 2022

I DON'T HANDLE FEDERAL.............

YOU CAN ONLY EXPUNGE A PLEA/CONVICTION............

THUS IT WOULD BE MORE COMPLICATED AND I SUSPECT COSTLY.

IS COST AN ISSUE? IF NOT I WILL TRY TO RESEARCH IT............WHERE WAS FEDERAL COURT?

1 Answer | Asked in Consumer Law for California on
Q: is it legal for a lender to collect money for taxes and insurance in a mortgage and then apply it to the principal balan

I was being considered for a post pandemic loan modification. I was approved and made seven trial payments. The bank suspended the modification because they say that I did not send in a form that was needed to complete the modification. I mailed the form to them on two occasions in the envelope... Read more »

Leon Bayer
Leon Bayer
answered on Dec 1, 2022

The way I see things, it doesn't matter. The taxes and insurance are payable now, and so is the principal plus interest. Unless you pay enough to cover everything, you still have a deficiency.

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