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Questions Answered by Eric Gene Young
2 Answers | Asked in Family Law, Personal Injury and Real Estate Law for California on
Q: what is the fourm I use to file for marvin v marvin palimony

we wer together 17 years he took car of me finanicaly introduced me as his wife but has passed away

Eric Gene Young
Eric Gene Young answered on Dec 7, 2018

From your question, it is unclear whether you meant to say "form" or "forum." If you meant "form," there is no "form" for filing a Marvin action. An attorney would need to draft a pleading for you. These are very fact-intensive cases. To strengthen your case in advance, you should gather as... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Im a security guard. my boss is tryin to make me get a shot at a hospital but i dont want the shot. ( TB Shot )

Im a security guard. We work at multiple different sites. Im at a hospital an I don't want a shot they require (TB Shot) if I tell my boss I'm not getting the shot I'm afraid that she wont send me to a different spot but instead either fire me or not give me any hours. ( even though theres... Read more »

Eric Gene Young
Eric Gene Young answered on Nov 2, 2018

California law requires that employees working in certain facilities be routinely tested for TB and to be free of the bacteria that causes TB, meaning the law can also require you to undergo a treatment regimen for TB if you test positive. Hospitals, schools, and community colleges are three such... Read more »

4 Answers | Asked in Personal Injury for California on
Q: In California can a dog walker sue me if they ran into a pole while walking my dog, it was not the dogs fought.

The dog walker stated that it was not the dogs fault, as she was going to cross the street she went one way and the dog went the other way.

Eric Gene Young
Eric Gene Young answered on Nov 2, 2018

To begin with, a person can sue another person for anything they want. The doors of the court are open to some of the most ridiculous claims imaginable, in California and in every other state. Having said that, however, it does mean the person who sues has a meritorious case. Based on the... Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: If Plaintiff files Amended Complaint late (Court granted demurrer w/ leave to amend), isMotion to Strike a good option

Court granted Demurrer with leave to amend by a certain date - over 20 days. Plaintiff filed its Second Amended Complaint 3 days after the due date. What are the chances for a Motion to Strike in its entirety. What is case law for Motion to Strike

Eric Gene Young
Eric Gene Young answered on Nov 2, 2018

A motion to strike would not be the appropriate procedure, in my opinion. In California, a motion to strike lies against any irrelevant, false, or improper matter inserted in a pleading or when a pleading is not drawn in conformity with the laws of the state. (CCP 436.) A motion to strike might... Read more »

2 Answers | Asked in Personal Injury for California on
Q: Defendant filed a motion to compel discovery based on his request not when discovery is due.

Defendant adds his own insertion and interpretation when he is in charge of sending notice. This is confusing. The time that could be spent preparing discovery now has to be wasted on setting the matters right and responding to his complaint.

Eric Gene Young
Eric Gene Young answered on Nov 2, 2018

Much more information is needed to answer this question. Unless discovery responses are late, a motion to compel would not be appropriate. I am confused by the remainder of the information you provided. Seeing a lawyer in person would be helpful, if you do not already have one.

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2 Answers | Asked in Animal / Dog Law and Civil Litigation for California on
Q: Animal services is trying to euthanize my dog. I need to file something to get a Writ of Mandate to stop the euthanasia

How do I do this?

Eric Gene Young
Eric Gene Young answered on Aug 12, 2018

As a dog lover myself with two rescues, I am truly sorry you are experiencing this. The first thing you need to do is to contact animal services and request an administrative hearing. Most every city or county gives an opportunity for a hearing before they euthanize a companion canine. Your... Read more »

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