Lawyers, Answer Questions  & Get Points Log In
California Questions & Answers
1 Answer | Asked in Employment Law for California on
Q: Am I entitled to be paid overtime or not?

I am salaried employee at the large company but I have been working in the kitchen same like hourly cook because the short staff. The person who works same hours, they get $32/hour plus overtime but I don't get any overtime because I am salaried employees. Some month, I was not allowed to take... Read more »

Maya L. Serkova
Maya L. Serkova answered on Jan 20, 2022

To be properly classified as an exempt (salaried) employee, you must be paid at least double the minimum wage assuming a 40 hour workweek, must spend the majority of your time performing tasks that are considered executive, professional or administrative as those terms are defined in the Wage... Read more »

1 Answer | Asked in Estate Planning and Family Law for California on
Q: As next next of kin, do I have authority to secure property for decedent estranged from her only son, whereabouts???

Cousin passed (indigent), estranged from son lost to CPS and adopted; no other heirs but 4 cousins. Contacted through medical records, I was the closest. Can I legally act as agent to secure her property, make decisions, and conduct discovery for legal docs? Son expressed no interest in the estate... Read more »

Julie King
Julie King answered on Jan 20, 2022

If your cousin had signed a Health Care Directive, that document would say who has the right to make her final arrangements. If you don't know whether she signed a Health Care Directive, the hospital may know and/or the Coroner may allow you to make the call. You can pay for the cremation and... Read more »

1 Answer | Asked in Employment Law for California on
Q: My employer wants me to pick up another employee because they live near my residence and take them to his house daily

I’m a salaried worker. Am I required to do so. I would be in my personal vehicle.

Brad S Kane
Brad S Kane answered on Jan 20, 2022

Your employer can require you to pick and drop off another employee, but you would entitled to be reimbursement for your mileage from the employee's residence to the office and back to the employee's home.

If you refuse, your employer can terminate you.

1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for California on
Q: Once the cancelation documents are signed, how much time does the Real Estate Agent have to file for arbitration?

I used the inspection contingency to cancel the purchase of a home, and the buyer decided not to sign my cancelation and create their own to go into arbitration. The buyer's Agent has not responding to my Agent telephone calls and emails since I signed their cancelation on January 12, 2022.... Read more »

David H. Relkin
David H. Relkin answered on Jan 20, 2022

I think you mean that the seller refused to sign and accept your cancellation of the contract.

Arbitration is exclusively a creature of contract. Unless there is a signed agreement in which you agree to arbitrate any dispute, you would not be required to arbitrate. Similarly, the time in...
Read more »

3 Answers | Asked in Probate for California on
Q: Do we have to go through probate for just a mobile home?

My father just passed away. He only had $30,000 in a bank acct that my brother is on too. He left ZERO debt and there is no dispute between sibling. There is just a mobile home valued at about $25,000 at most. Do we have to go through probate because there was no will? How do transfer it so that we... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 20, 2022

You can probably use a Small Estate Affidavit to collect both the bank account and the mobile home. No need to file anything in court. Any probate attorney licensed in California can help you with this for a very modest fee.

View More Answers

1 Answer | Asked in Personal Injury for California on
Q: Aunty fell at Safeway. She hurt but never reported it bout an hour ago in California. Wat can she do?

She is handicapped n in her 50's

Tim Akpinar
Tim Akpinar answered on Jan 19, 2022

A California attorney could advise best, but your question remains open for a week. I'm sorry for your aunt's fall. What can she do? She could start by reaching out to California attorneys who handle slip and fall cases. Most law firms that handle such cases usually offer free initial... Read more »

1 Answer | Asked in Estate Planning for California on
Q: Brothers suing me over house I live in. Our names on deed. Plan on evictingbme to sell

everyone off of the land.

If you chose the second option, the costs of evicting you and the rental value of the house for the entire time you’ve been there, plus attorneys fees, will be taken out of your share of the proceeds when the property is sold.

There is no option where... Read more »

Julie King
Julie King answered on Jan 19, 2022

If the house was inherited by another person and you, then that other person has just as much right to the house as you do. So, by you taking 100% possession and not allowing the other owner to benefit from the inheritance, you are taking and using someone else's asset. Think of it this way:... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: Is there a way to claim a house from a trust and then transfer the deed of a house without it showing up on taxes?

A family member of mine was bequeathed a house from a living trust. He has not claimed it because he doesn’t work so he can get medi-cal to cover the medical care that he needs. Would he be able to claim it and transfer it to someone else without it affecting his qualifications for medical or his... Read more »

Julie King
Julie King answered on Jan 19, 2022

No. Deeds are public records that anyone can see and receive a copy of simply by asking the County Recorder and paying the copying fee. Many counties have their deeds online for easy access. Also, be aware that there is a “look back period” before someone can qualify for some needs-based... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: How do my fiancé and I set up our financial plans and estate plans when he has a minor child by his late wife?

My fiancé and I live in California and are about 40 years old. We hope to marry and have children soon. He has one living ten year old son by late wife. I will likely need to reduce or even quit work to care for his child once we marry. My fiancé has significantly more money, including retirement... Read more »

Julie King
Julie King answered on Jan 19, 2022

When a couple sets up a trust, each person gets to say to whom the person wants his/her/their half of the community property and all separate property. The other person gets to say who wlll receive his/her/their assets (again that person's half of the community property and all separate... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: How do my fiancé and I set up our financial plans and estate plans when he has a minor child by his late wife?

My fiancé and I live in California and are about 40 years old. We hope to marry and have children soon. He has one living ten year old son by late wife. I will likely need to reduce or even quit work to care for his child once we marry. My fiancé has significantly more money, including retirement... Read more »

Howard E. Kane
Howard E. Kane answered on Jan 19, 2022

I agree with you that as a new couple, you need a financial plan to be put together with the assistance of a financial planner. I also recommend a pre-nuptial agreement aka "prenup" to address your commingling and financial planning concerns. Prenups are typically handled by family law... Read more »

View More Answers

1 Answer | Asked in Civil Rights, Consumer Law, Municipal Law and Small Claims for California on
Q: Is it legal for a police department in California to release someone’s car to the wrong person then lie about DA Reject

The car was at tow yard. The tow yard had a lien sale the car was sold to a lady the lady never registered it in her name. She sold the car to her nephew a couple days after she bought it from the tow yard.he never registered it in his name either.. I bought it from the nephew a couple days later.... Read more »

Leon Bayer
Leon Bayer answered on Jan 19, 2022

It is never OK for the police to lie. But you are not clear about what the lie is? If the police told you that this is a civil matter and the DA won't file on it, I agree with them.

Your beef is with the nephew. You can sue him in small claims court.

2 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: I recieved a "workers compensation appeals board stipulations with request for award" recently.

How do I know if the award amount is just? I had a lumbar lower back injury that required surgery.

Gary Alan Jackson
Gary Alan Jackson answered on Jan 19, 2022

you hire an attorney to help you throught the process and especially to set you up with a fair and unbiaed doctor who eventualy writes a final report upon which is based a fair and accurate stipulation. if you signed a stipulation with no attorney to advise you, then you get what you got and do... Read more »

View More Answers

1 Answer | Asked in Employment Law for California on
Q: Can California salaried employees be asked to come to work while on bonding leave?

Also, can employees who are salaried be retaliated against for exercising their FMLA rights while on bonding leave? Is there a written law/code to reference any answers and gather more information?

Brad S Kane
Brad S Kane answered on Jan 19, 2022

Both the California Family Rights Act and Federal Family Medical Leave Act prohibit retaliation against employees who take medical leave - provided they qualify for protected leave by working at least 1 year, working at least 1250 hours in the prior year and the employer has at least 50 employees... Read more »

1 Answer | Asked in Employment Law for California on
Q: I quit my job in CA and have not received my last check within 72 hours. Am I entitled to penalty pay?
Brad S Kane
Brad S Kane answered on Jan 19, 2022

Yes. If you resigned, you must be paid within 72 hours. After that time, you should be entitled to an additional day's pay for each day late up to a max of 30 days waiting time penalties.

1 Answer | Asked in Employment Law for California on
Q: If workplace retaliation isn't discovered until after the statute of limitations has passed, is it no longer actionable?

For example, if I started receiving less work and was led to believe it was just because I wasn't suited, but long after I find out that my superiors started telling people not to pick me up for assignments after I made a harassment complaint, would I be responsible for not knowing?

Brad S Kane
Brad S Kane answered on Jan 19, 2022

You have 3 years to request a right to sue letter from the last act of retaliation and then 1 year to file suit under the Fair Employment and Housing Act. Statute of limitations are complex and there are possible theories to extend the statute of limitations. You should consult with an employment... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Father has left his trust to 3 sons. Personal and commercial properties in the trust. Estate lawyer changed the prop

Properties in the name of one son, executor. Is the interest of the other brothers protected? He said he did this for tax purposes

Julie King
Julie King answered on Jan 19, 2022

First, please know that no one has an automatic right to another person’s assets. If a parent chooses not to give money to one child or another, the parent has that right — just like you have the right to choose to whom you want to give your assets. There is no law forcing anyone to give their... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Business Formation and Business Law for California on
Q: Is it illegal to resell abandoned used cloths?
Leon Bayer
Leon Bayer answered on Jan 19, 2022

Selling used clothes is legal.

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: There is a court date of January 24, 2022 in Redding, CA superior court. My sister and I have been misinformed and

We were told that there were no more funds in our family trust. We took their word. Now we find out about a court hearing and we need to know what form or forms to fill out before Jan.20,

2022. I am next in line for co executor. But we really need to know what we need to do to enter... Read more »

Jonathan Purcell
Jonathan Purcell answered on Jan 18, 2022

I suggest you hire a lawyer with probate experience in the appropriate venue before the next court date.

The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your...
Read more »

View More Answers

1 Answer | Asked in Employment Law for California on
Q: In California, what is considered a 'reasonable' cap on PTO accrual? How is reasonableness determined?

This is an updated question to be more clear about my situation:

My employer places a PTO accrual cap = annual accrual rate (120 hours). Once the annual earnings are met (120 hours) no PTO is accrued until the balance falls below the cap. Since most PTO is taken at the end of the year, I... Read more »

Brad S Kane
Brad S Kane answered on Jan 18, 2022

The PTO accrual cap does not have to reasonable. PTO is not required by law.

2 Answers | Asked in Probate for California on
Q: My brother passed away without a will single never married no children both parents deceased leaving 2 siblings

He had a pension but never received it are my brother &I entitled to any of it if so how do I inquire about it

Howard E. Kane
Howard E. Kane answered on Jan 18, 2022

Most workplace and private pension schemes provide death benefits and, in the event of death, the beneficiaries should contact the pension scheme administrator for more information. Pensions are considered to sit outside of the estate, which means that when the pension holder dies, their... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.