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California Questions & Answers
1 Answer | Asked in Probate for California on
Q: Can I sue my lawyer for misrepresentation, he missed all filing dates ect.

He failed to represent me in court.

David Ostrove
David Ostrove
answered on Jun 30, 2022

You may sue your lawyer, but that does not mean that you will win anything.

You must prove all the elements of your case:

You must prove that he/she was your lawyer.

Did you have a client lawyer fee agreement?

You have to prove that your lawyer was negligent,...
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1 Answer | Asked in Criminal Law and Personal Injury for California on
Q: When a man manufacture of drugs or.a neighbor.uses.a roof.vent.in texas.they cannot.own or.rent.a house in texas
Dale S. Gribow
Dale S. Gribow
answered on Jun 30, 2022

what is the criminal law question..............?

1 Answer | Asked in Divorce, Family Law, Personal Injury and Child Support for California on
Q: Is there a lawyer that can help fix this ?

After I left my ex and I took the kids with me. Child support started taking my income . I didn’t know she was collecting welfare while we were living together . So I filed to cancel order due to lack of notice and fraud and motion was granted. She moved and started collecting welfare in another... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 30, 2022

You need to file a motion with the court (child support court/superior court??) and have an actual hearing, rather than contacting case workers and waiting for them to take appropriate action. While the children are in your custody, you should not be obligated to pay child support. The trial... Read more »

1 Answer | Asked in Domestic Violence for California on
Q: After a record is approved to be sealed and destroyed how long will it still be visible on a federal background check?

I work in aerospace and the background check is extensive

Dale S. Gribow
Dale S. Gribow
answered on Jun 29, 2022

it depends.................

with covid all the courts are behind on everything..........

i assume being in aero space you would have retained a lawyer to accomplish this.

this is too important to do on your own.

that lawyer the person that should be asked.

2 Answers | Asked in Domestic Violence for California on
Q: Does a police officer have to charge you with obstruction.

I was assaulted by my spouse when asked if she hit me I said no. I didnt want her to get into trouble. When she gave her statement she said she hit me so when asked again I said yes. I didnt currently get charged with it but would I have been told if I was getting charged ?

Dale S. Gribow
Dale S. Gribow
answered on Jun 29, 2022

when there is a DV call, the officer usually arrests 1 of the parties.

was she arrested?

i wouldn't worry about you and note that the DA charges, not the officer.

call a local lawyer for your wife

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3 Answers | Asked in Contracts, Copyright and Intellectual Property for California on
Q: I am a digital artist. Legally, am i allowed to use 'U.S. Army' on the art i am making, and intend to sell?

https://trademarks.justia.com/779/16/u-s-77916097.html

- The term U.S. Army will be used on a characters uniform i have drawn. - if i sell the art with that phrase on it, are there any legal implications?

- I need real, concrete answers

Theodore Allan Greene
Theodore Allan Greene
answered on Jun 29, 2022

You appear to have done some of your own research based on the link you attached. To be absolutely certain you should contact them directly and/or sit down with an attorney who specializes in such matters. The second option probably the best since you could take a LONG time trying to get a... Read more »

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1 Answer | Asked in Trademark for California on
Q: Can I register a trademark for a name that I used first, but another company is using it?

Years ago, I have published a product design on Github under a distinctive name and I planned to manufacture it, but now someone else has launched a similar product for the same purpose with exactly the same name. My design is recognized with 500 likes, but I never sold it as a product. The other... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 29, 2022

Federal registration of a trademark is based on its "use in commerce" which generally means sales (or at least advertising for sale). Whether the nature of your prior use qualifies is problematic.

You should consult a qualified trademark attorney to review the matter and advise...
Read more »

1 Answer | Asked in Employment Law, Construction Law and Employment Discrimination for California on
Q: Covid Vaccine Mandate - Booster

I was recently hired at a Construction Firm and provide covid vaccine card. Today I recieved an email from HR stating that i do not have the booster. There is nothing on the employee hand book nor nothing in the interview stating that the employment requirement that mandates covid vaccine for... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 29, 2022

You get the booster. If you refuse to do what your employer wants, you get fired. It is that simple. Sorry.

Good luck to you.

1 Answer | Asked in Car Accidents, Medical Malpractice and Personal Injury for California on
Q: Do I have a mal practice case or should I just give up? They changed things to My medical history.was in auto accident.

I was injured on 4/18/2021 I was on light duty untill 06/22/2021. My doctor wanted me to go back to work and see if there was any pain. I had severe pain. On 07/03/2021 they gave me a X-ray to confirm nothing was broken. Then told me to try and work through it and if it still resumed we would go... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 28, 2022

NOT SURE IF IT IS MED MALPRACTICE.......BUT SOUNDS LIKE THEY WERE NEGLIGENT IN THE WAY THEY KEPT RECORDS.

CONTACT A MED MAL LAWYER IN YOUR COMMUNITY AND RELAY ALL THIS INFO TO HIM/HER.

MOST LAWYERS I KNOW WILL NOT TAKE A MED MAL CASE WORTH LESS THAN $1M AND I SUSPECT THAT INCLUDES...
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1 Answer | Asked in Family Law, Immigration Law and Divorce for California on
Q: I am married to a USA Citizen while I am a Green Card applicant.My wife has left the family home in April 2022

I migrated to California from the UK in September 2019 and we lived together in her house.

We got engaged in February 2020

My wife who was a Permanent Resident in the USA was granted USA Citizenship in December 2020

We bought a second house in October 2020.

We were... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 28, 2022

You've mixed a lot of legal issues here. Your immigration status isn't really relevant to your divorce questions. If you want a divorce, you should file for divorce. You can request spousal support and anything else you believe you are entitled to. Note that the length of the marriage... Read more »

1 Answer | Asked in Divorce for California on
Q: If my wife retains a divorce attorney, do I need to retain one as well?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 28, 2022

If she has an attorney and you don't you will likely be at a disadvantage. Don't risk it.

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Criminal Law for California on
Q: Can a dealership sell a motorcycle on consignment that has an invalid, or voided, title?

I purchased a used motorcycle with cash from a dealership who claimed they were selling it on consignment. They gave me a title that had signatures already on it (as if it wasn't ever transfered last time it was sold) and the keys. I figured as long as i have the title im good but When I went... Read more »

Leon Bayer
Leon Bayer
answered on Jun 28, 2022

Yep. You got scammed. I suggest you tell the dealership that they have 24 hours to refund your money or else you will file a complaint against their dealership license with the State of California. In addition to filing the complaint, you can also file against the dealer in the local small claims... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Hello I’m Joy, I’m visiting my family in California, I have a tourism visa. Can I get a sponsorship visa to be legal?

What is the best way to change my tourism visa to be legal so I can work? My parents have a green card.

Yohan Zingile
Yohan Zingile
answered on Jun 28, 2022

There are many different type of temporary (nonimmigrant) and permanent (immigrant) visas. You can get a visa through employment, family or other avenue. There are not enough facts to know what you qualify for at this time. Your situation needs to be assessed to see what would be your visa... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: What shall I do with refinance that was not closed properly?

I refinanced my 1st mortgage and HELOC to consolidate debt almost a year ago. I found out a few weeks ago that the HELOC was not closed even though I was charged the fee to close it. The HELOC servicing company sent me a letter threatening me that they would force home insurance on me if I did not... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Jun 28, 2022

Take all your documents to a real estate attorney. You need a professional to review all of the documents to properly advise you.

4 Answers | Asked in Bankruptcy for California on
Q: Bankruptcy

I have a estimate of $5,000 debt, back rent of $8000 and a car loan I'm still wanting to continue to keep. I can't catch up on my rent or debt. I'm a single mom with my only income. Should I file for bankruptcy?

Aaron Michael Lloyd
Aaron Michael Lloyd
answered on Jun 28, 2022

Bankruptcy maybe able to provide you immediate relief if you have been trying to catch up on payments and debt for awhile now. Bankruptcy can get rid of back rent, credit card debt, medical bills, etc...You can likely keep your car in bankruptcy as bankruptcy law allows for a bit of protection for... Read more »

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1 Answer | Asked in Personal Injury and Workers' Compensation for California on
Q: How much would a jury award for a small scar on the forearm in louisiana that was work related

plaintiff pulled out a tray from a commercial oven at Circle K. The oven company has never been sued or has any personal injury claims against them

Dale S. Gribow
Dale S. Gribow
answered on Jun 27, 2022

i would venture to say that NO lawyer can give you an accurate answer via internet without more facts.

is it to a man or woman?

someone who does modeling or someone with Tats over arm and in construction biz?

how bad a scar?

what court?

a case in LA is worth...
Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: I need immediate help with very severe Numbing and Tingling. I have a lawyer whom want answer calls. Need Neck Surgery.

I am in Severe Arm , Shoulder, Neck Radiating Down to Hands, Fingers. Headache. Was forced to Relocate back to Columbia, SC. After Forced Retirement and Failed Neck Surgery. Which Caused a New Injury to My Neck, Whereas I Can NEVER LYE Down on My Left Side Again. Unless My Right Arm, Hands and... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 27, 2022

It depends. iS this case open such that this employer is paying for your treatment still? Have you selected a specialist or hospital from the Medical Provider Network, an MPN Doctor or Urgent Care or Hospital?? Then you should go to the MPN Hospital or Urgent Care. If you use your Medicare... Read more »

4 Answers | Asked in Bankruptcy for California on
Q: Regarding Bankruptcy. I live in California.

I never have filed for bankruptcy and I'm thinking I need to. I need to know if this is the right thing to do. I also owe back rent and would like to know if that would be included?

Aaron Michael Lloyd
Aaron Michael Lloyd
answered on Jun 27, 2022

Bank rent can be included in bankruptcy. About how much back rent do you owe and how much other debt do you owe? Do you have income? What assets do you have? These are some questions that have to be answered to determine if bankruptcy is a good option for you.

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2 Answers | Asked in Estate Planning for California on
Q: I have purchased the NOLO press app for doing your own trust but friends are telling me that it may not be accepted i

in California. Do you know if it is accepted?. If not does you organization help Seniors on this?. Thanks ,

Andrei Jingan
Andrei Jingan
answered on Jun 27, 2022

Dear Mr. Hughes, it's hard to tell if the do-it-yourself trust generated by NOLO press app would be accepted in California or if it would fully meet your estate planning needs without having it completely reviewed by a California estate planning attorney. I suggest reaching out to a local... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Sent General Correspondence to USCIS Before RFE Notice Delivered

After 40 days, my RFE Notice Letter regarding EB-1A case just delivered yesterday. On the 20th day, I sent a physical letter to USCIS Texas Sevice Center notifying them that the RFE had not been received yet ( done in addition to the online method instructed ).

Also, on my account, it says... Read more »

Agnes Jury
Agnes Jury
answered on Jun 27, 2022

You can respond to the RFE as long as it is before the given deadline to respond (listed in the RFE). Best wishes!

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