Your matter is way to complicated for any attorney to give you an accurate review on this site. You need to draft a written outline of the events, with the relevant documents attached, and email it to an attorney. Most attys will spend their own time reviewing your outline and documents for free,... View More

Labor Code § 1198.5 provides that (with limited exception): “Every current and former employee, or his or her representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employee’s performance or to any grievance concerning... View More

You write: "My insurance paid for the repair costs, and has closed the claim due to inability to recover costs from the responsible party."

If you are out no monies, then let it go. Your insurance has the "Subrogation" right to seek reimbursement for monies it paid to... View More

Original employer, whether a Corp, LLC, sole proprietorship, or partnership is always liable for wages, even if company dissolves or goes out of business--then owner or shareholders can be liable.

If a business "converts" from sole proprietorship to Corp, LLC etc., the... View More

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1010.6.

Assuming you have a valid Service or Trade Mark, i.e., formally registered with the USPTO, and company using your Mark does not "Cease and Desist," you'll need to file a lawsuit.

Here is website to check on your Mark.

https://www.uspto.gov/trademark

If... View More

If you’re saying you only took five grand, and not 15 grand, then you need to go to jail. You are a thief.

As a general rule, any civil action for monies owed for services or goods must be commenced within two years of providing such services or goods, with some narrow exceptions. If there is a written contract, the statute of limitations is four years, with some exceptions.

Have you been "Served" with a Summons and Complaint? If so, you have 30 days to file an Answer. This is a simple form you fill out and can file online. Once you file your Answer, you can try to negotiate a settlement with Plaintiff. None of your assets, home, money or otherwise are... View More

You should have been awarded your attorney fees, along with wages owed. You have to carefully read your retainer agreement with your attorney to see how the issue of an attorney fees award is handled.

I assume you have collected all wages, penalties owed by employer. You most likely also have a Libel (Defamation) claim against employer, based on his derogatory writing to a third party, accusing you of a crime.

An employer can ask you to do any and everything. However, you're not obligated to do anything. Hence, you can voluntarily pay back the wages, if you want. If you do not pay back the wages voluntarily, they would have to sue you in court and get a judgment.

The most viable defense... View More

You are in a sticking situation. If you both are on the lease as co-tenants, only the Landlord can evict non-paying renter. PLUS: Depending on city/county you're rental is located, there are newly-placed holds on all eviction proceedings, for at least 60 to 90 days, due to Corona V.... View More

Assuming no other "Issues," in your situation, a tenant must pay rent when called for in the lease. If the tenant fails to pay, then you must serve a "Three-Day Notice to Pay or Quit." If she pays, life is good. If she does not, you have to file with the court and serve her... View More

"Substantial Performance" is the term you seek: "I ordered 100 flowers and you only brought me 95. I am not paying you." If a party "Substantially Performs" terms of contract, then payment is due, but payment may be prorated fairly.

Here's a link to the... View More

CA Lab Law is employee-favorable. The risks and penalties for a labor violation can be drastic. Take the safe route (Pun intended) and pay employees for drive time, even if it results in overtime.

If you do not, and you violate a Lab. Law, one disgruntled employee can result in an Audit of... View More

Court's routinely schedule "Case Management Conferences" and "Status Conferences." The attorney usually appears by telephone.

Go to this website, check "I accept" at bottom. Search with your Case number, and you can see every hearing held, scheduled and... View More

I am unaware of any additional "penalties" for performing works of improvement without a proper license on a Senior Care Facility.

HOWEVER, regardless of the nature of the property/facility, here are your Bigger concerns:

First, you cannot legally collect any monies owed... View More

After or simultaneously when the payment on the Stop Notice is "Honored," i.e., check clears your bank account or you have cash in hand. NEVER release before payment. If obligor on Stop Notice "all of a sudden" finds a problem with your work or services after you sign the... View More

Yes, based on your "Facts," you are correct. However, whether you are an "Exempt" employee may be in issue. There are a few requirements for exemption from overtime, as as a "Management" Employee, beyond the double mim. wage requirement.

Re... View More