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California Questions & Answers
1 Answer | Asked in Traffic Tickets for California on
Q: I did my full 3sec stop & the officer said that he saw me going 10 on speed & not doing my stop ?

He was like 4 cars away on skyway blvd to get to the airport blvds yield & the stop that i was at ? He also accused me of being drunk & continue to ask me how much I had , had of alcohol . ( I don’t drink )

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 24, 2021

You are welcome to contest the ticket. The best way to contest a ticket is to have a traffic ticket attorney represent you. Use the Justia Find a Lawyer tab, search for traffic ticket lawyers in your area, contact a few, discuss the specifics of your case with them, obtain your options and then... Read more »

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I want to know of different approaches of going against a restraining order
Dale S. Gribow
Dale S. Gribow answered on Jun 23, 2021

MORE INFO NEEDED.

LAW IS FACT-DRIVEN.

IN THAT REGARD I WOULD ENCOURAGE YOU TO TYPE UP ALL THE FACTS AND MAKE AN APPT FOR A FREE CONSULTATION WITH A CRIMINAL LAWYER IN YOUR AREA.

YOU MAY HAVE TO MEET WITH MORE THAN ONE AND IF YOU HAVE EVERYTHING TYPES UP YOU WON'T HAVE...
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4 Answers | Asked in Bankruptcy for California on
Q: How do I get a pro bono lawyer after I file a chapter 11 claim and it gets removed and appeal is required.

Please contact my e-mail, neo521148@gmail.com. thanks sje.

Timothy Denison
Timothy Denison answered on Jun 23, 2021

Check with your local bar association or legal aid society for a list of pro Bono lawyers.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can you sublease other rooms in a condo you're renting/living in and charge higher rent?

If the landlord is fine with it, could you do this to drive down your own personal rent? If you set everything up, find the other tenants/roommates and can pay on time every month, is it possible to do this on a regular lease without the others knowing how much you're paying?

Dean C Ferraro
Dean C Ferraro answered on Jun 23, 2021

First, it depends on the terms in your lease agreement. Most lease agreements provide that subleasing is not allowed unless you get the written consent of the owner/landlord. You should review your lease to see what is states about subleasing. Secondly, it also could depend on whether the HOA of... Read more »

2 Answers | Asked in Bankruptcy and Small Claims for California on
Q: I need help with paying off a debt that I’m not the only one responsible for.

Two friends of mine and I signed a year long lease. We agreed every month we’d split the bills for the apartment three ways. In March, they bailed on me and moved back to Mississippi. We will receive an invoice for the settlement agreement (~10K), but I don’t know who they’re sending it to.... Read more »

Harlene Miller
Harlene Miller answered on Jun 23, 2021

Unfortunately, even though all of you are on the lease, the landlord can seek payment from any one of you. Since you all signed the settlement agreement, you are all responsible for payment. However, unless other language was included in the agreement, you are all joint and severally liable for... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: I petitioned my son I-130 what are the chances I get the application expedited if I Make a request? he is my only son

I am 69 years old I have only 1 son and I petitioned for him and its been 2 years, he is in removal proceedings in the 9th circut, what are the chances I get my application expedited and if the request is granted how much further can they move the appicaiton? he is my only son I have type 2... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jun 23, 2021

I suggest you retain an experienced immigration attorney to represent your son in removal proceedings. Your issue is more complicated than can be addressed on this page.

1 Answer | Asked in Family Law and Elder Law for California on
Q: How do I get Power of Attorney over my mother's finances?

She is unable to pay her bills and refuses any type of help or to go to the doctor. I fear for her safety. Wellness checks from the Department of Public Safety in La Mirada have resulted in reports that state that she should not be alone. Home visits from SASSFA have stated that she is confused... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Jun 22, 2021

She can grant you Power of Attorney if she has the capacity to.

It sounds like it might be too late for her to sign anything. In that case you have to get the court to grant you a conservatorship. It will require a form from her doctor plus a pile of papers, and an investigator will...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: I own a patent that was issued in June of 2011. I did not keep up with maintenance fees. What is my status now in 2021?
Bill Hulsey
Bill Hulsey answered on Jun 22, 2021

You can pay the maintenance fee, but there will be gap in protection.

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2 Answers | Asked in Social Security for California on
Q: Does rental income count as earned income for social security work credits if owner managed the property personally?

I owned and personally managed and worked on the rental property.

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 22, 2021

Credits are earned when you work and pay Social Security taxes on the income. This is different than paying income tax. You should speak with a CPA or tax professional about making sure that you pay the tax. Those people are often trying to keep your tax bill as low as possible. You may not be... Read more »

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1 Answer | Asked in Real Estate Law, Municipal Law and Small Claims for California on
Q: What recourse do I have against a AirBB next door, smoking affecting my health, I have serious asthma problems.

The guests smoke marijuana, even though they have a no smoking rule that the owner doesn't enforce, resident/son is rarely onsite to monitor, I have high risk, serious asthma and respiratory complications. They are just ignoring the problem or saying they know nothing about and say it must be... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 21, 2021

make an appt with a LOCAL lawyer for guidance. I am in Palm Springs!

if you can't afford a lawyer maybe filing in small claims for up to $10k is the answer.

i would first send a written demand letter to the owner setting forth the facts. Advised them, if this is not resolved...
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1 Answer | Asked in Workers' Compensation for California on
Q: Can we claim the price/usage increase compared to our average electric bill?

My husband broke his right ankle at work. He is now home 24/7. Our electric bill has gone up because he is home.

Nancy J. Wallace
Nancy J. Wallace answered on Jun 21, 2021

Sadly, no! There is nothing in the Labor Code that requires the Employer or INsurer to pay for the increase in residential electricity during periods of Temporary Disability. The Labor Code only requires payment for 'reasonable' treatment (which includes mileage reimbursement to the... Read more »

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Why my patents or patent applications are not updated on time?
Kevin E. Flynn
Kevin E. Flynn answered on Jun 21, 2021

It is not clear what you are asking. Patents do not get updated. There is a maintenance fee that is paid three times during the life of the patent.

There is a process to correct errors in the issued patent but that usually results in a separate piece of paper called a Certificate of...
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1 Answer | Asked in Uncategorized for California on
Q: How do I go about getting my idea patented? I have a great idea, but no prototype.

I would like to sell my idea if possible

Tim Akpinar
Tim Akpinar answered on Jun 21, 2021

Your question remains open for two weeks, and there's no point losing further time in the Uncategorized section of this forum. You could try reposting under the Patents (Intellectual Property) category. There's no guarantee that every post is picked up, but you would have better chances... Read more »

1 Answer | Asked in Child Custody, Child Support and Civil Rights for California on
Q: My 6year old child's father has had no contact entire life + no custody order exists. Never married wont give him back

Recently my sons father contacted me for the first time after not having heard a word from him three years and wanted to see my son. Prior to this he had only seen him twice when my son was three and then went to prison for two years. Legal paternity has not been established nor is his name on my... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 20, 2021

You open with saying that no custody orders exist. If no custody orders exist then what the father is doing is not in violation of any court orders. That's why the police can't help you. File a parentage action and ask for sole legal and physical custody. Concurrently with your... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes, Identity Theft and Stockbroker Fraud for California on
Q: Who investigates false documents and fraud done to the deceased

Yeah because I have reason to believe that my father's name was changed my mother's name was changed and then they made everything look that way now people are benefiting from everything that's written on the story and then it appears that my father and my mother the identity was... Read more »

Joseph Abrams
Joseph Abrams answered on Jun 20, 2021

Most fraud offenses can be investigated by either local or federal authorities. If you have evidence of a criminal fraud or identity theft, you can begin by reporting that evidence to either your local police department of FBI field office.

- Law Office of Joseph Abrams, Anaheim, CA

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1 Answer | Asked in Sexual Harassment for California on
Q: Will I be sued for revealing someone for sending me email with sexual harrasment?

I got an email from stranger with texts that make me sexually insulted. I found this person's facebook account by searching the sender's email. Will I be sued for tagging this person with the screenshot of insulting email I got? Or can I report this person to the police?

Neil Pedersen
Neil Pedersen answered on Jun 19, 2021

If the email you received was a criminal act, such as conveying pictures of pornography involving minors, or porn sent to you as a minor, then reporting it to the police would be he best move. If not, simply block the email address as junk mail and move on. Trying to punish or retaliate will... Read more »

1 Answer | Asked in Criminal Law for California on
Q: can I take myself off of a restraining order that someone else added me onto?

My mom filed a restraining order on my bf& also added me on it without my knowledge or consent. I’ve already contacted him and I didn’t know until now. Is it possible to remove myself?

Dale S. Gribow
Dale S. Gribow answered on Jun 18, 2021

you have to do that...if at all, through DA and the Courts............

1 Answer | Asked in Employment Law for California on
Q: The employer agrees with the hours worked but won't pay employee because the company says it hasn't received payment.

My sister residing in CA worked remotely transcribing for an Illinois company. They started having financial issues a few years ago and did things like move out scheduled pay dates. They made payroll for a while then started missing those dates. Last year my sister was behind 3 or more paychecks on... Read more »

Neil Pedersen
Neil Pedersen answered on Jun 18, 2021

The good news here is that you are completely incorrect when you say she cannot collect unemployment because she is technically employed. You do not have to be unemployed to get UI benefits. You simply have to establish that you are not working and not getting paid or that you are under employed.... Read more »

1 Answer | Asked in Consumer Law for California on
Q: A check was bounced regarding an issue with a mechanic. His product was defective and broke down.

We asked for a refund which he agreed to but he kept delaying our payment. It's been a year and he just told us now he is not gonna pay us back. We have all the receipts and text messages as proof.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 17, 2021

The BAR regulates repair shops. Give them a shout. Good luck with it...

https://www.dca.ca.gov/webapps/bar/complaints.php

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability, Contracts and Small Claims for California on
Q: I bought a truck at auction, paid $4200, drove 10 miles, it caught fire, total loss. Can I be compensated?

I was not burned but suffered smoke inhalation. I had the truck for one hour. An auction employee drove the truck to the front of the lot for me to take delivery. I was told it was driveable. The Fire Dept had to come put out the fire.

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

Sorry to hear that. Virtually every auction I've ever seen has a disclaimer both on the bidding number issuance paper and on the bill of sale that says that you buy it, you take any and all risks, that the auctioneer doesn't test or examine the vehicles and makes absolutely no guarantee... Read more »

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