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Per my contract, I receive $3,500 per month salary through a payroll company. I also receive 8%-10% of my employer’s commission which has been paid via 1099 since I started years ago. My tax lady said this is wrong because I should be getting paid through payroll for the 8-10% I receive. My... View More 
answered on Feb 11, 2020
Many possible issues with your payroll arrangement. Without more facts, it's hard to determine the specific issues. However, the Employer is most likely in Breach of your Employment Contract, as I doubt the Contract contemplates any deductions from your pay for Employer payroll costs.... View More
If not, then is a demurrer and/or motion to strike appropriate?
The employee performed his duties of evaluating a company. The company did not like the evaluation and sued the corporation and the employee after an insurance company denied the claim.
answered on Feb 6, 2020
Yes, you can be sued employee for causing personal injuries, even though your "Negligent" actions occurred while you were working as an "Employee." Your relationship with your employer is only relevant as to the duties and obligations between you two, not the injured person. Of... View More
I paid cash in full for 2 crowns, however the dentist ordered 2 different color crowns on my front teeth. After 3 months of having to wait for these crowns i decided to get them done by a different dentist. It took 6 days. The first dentist has declined to reimburse me the $3000 i paid in advance.... View More
answered on Feb 4, 2020
The Dentist had an obligation to provide two Crowns to you. If the crowns provided did not conform with the crowns called for in the "Agreement," like "Wrong color" and the Dentist did not/could not/ would not correct the problem ("Cure his breach") within a reasonable... View More
Former Employer is refusing to pay out unused earned PTO because I was ineligible to receive vacation benefits after switching from full time to part time. I totally understand not accruing additional hours upon the reclassification, but I’m not sure if it’s legal to have a policy of forfeiture... View More
My RV was towed because they've been in the same spot more than 72 hours. The tow company who is contracted with the police department has it in their locked yard. it has been broken into ransacked and a bunch of personal belongings have been stolen. My question is is the tow company liable... View More
answered on Jan 27, 2020
Yes, if the Tow Yard knew, or should have known, of a risk to property in its control/possession, or if Two Yard failed to take "Reasonable" steps in storing a vehicle, the Tow Yard may be liable.
Reasonable: Locking vehicle inside locked/gated tow yard--Unless prior knowledge of... View More
answered on Jan 27, 2020
It varies by County:
https://www.laboremploymentlawblog.com/2019/06/articles/minimum-wage/increases-california/
During a scheduled Demurrer hearing, the Plaintiff's were live via a Court-Call hookup. The Plaintiff's waited for 54 minutes for the Defendants or their attorneys to appear, neither did. This 54 minute wait included the judge having the Plaintiff stand by to see if Defendants showed up.... View More
answered on Jan 21, 2020
The Court's Ruling on the Motion was made long before the Hearing. Courts generally follow substance over form. Though Defendant did not show up, he did file a written Motion (Substance).
Unfortunately, you failed to file an Opposition.
Cal Rules of Court, R. 8.54. Motions:... View More
Like never got a paystub didn't get paid for training didn't pay me for times I worked took money out of my check for register being short when there was more than one person in the register manger would get in my face and yell at me infront of customers and when I finally had enough... View More
answered on Jan 20, 2020
"...what are my legal options."
Countless. See an Employment Lawyer.
CA-Received flawed 3 day notice (other tenant/m girlfriend) not named ,rent amt incorrect + late fee and utilities listed. I filed answer to UD but want to amend. Can I, if done within 10 days? Which forms to use, how to cite the flawed notice to get judge to dismiss? Should I still file answer... View More
answered on Jan 20, 2020
If you do not have the funds to pay all rent due, you're essentially whistling past the graveyard. Though an incorrect Three-Day Notice, etc., may delay your eviction, it will not stop it: You are only buying time.
Plus, to the extent that your Agreement with the Landlord contains an... View More
Most of the work was done disgustingly, with a lot of obvious flaws, and we demanded to redo everything.We have already paid the contractor 70% and demanded to fix all the problems before he receives the rest of the amount.After that, he disappeared, did not answer my calls and emails.
I... View More
answered on Jan 17, 2020
Only licensed Contractors/Sub-Contractors can lien real property for services/materials provided on a private work. PLUS: Any licensed contractor/sub who did not have a direct contractual relationship with you had to have provided a timely "20 Day Preliminary Notice" to you/homeowner in... View More
answered on Jan 15, 2020
If your situation is as clear and simple as you state, than most likely, "No." BUT: I do not think your "situation" is as clear and simple as stated. You may be referring to your Parent's Trust or Living Will, under which you were/are to get the home.
In that case,... View More
answered on Jan 15, 2020
683.010. Except as otherwise provided by statute or in the judgment, a judgment is enforceable under this title upon entry.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
683.020. Except as otherwise provided by statute, upon the... View More
We asked a guy coming by to give us a quote for fixing our AC. Without our consent, he fixed and asked for $400. We, under shock, wrote him a check of 400 and canceled the check a few hours later. We wrote him a text, saying we only asked for a quote, not ask for repairing, and therefore not going... View More
answered on Jan 10, 2020
See page 20 on link. "Service and Repair Contracts."
https://www.cslb.ca.gov/Resources/GuidesAndPublications/ContractingForSuccess.pdf
I am a subcontractor who did not get pd by a contractor its been over six months i need to file arbitration or mediation how do i go about doing that
answered on Jan 6, 2020
There are many unknowns with your question. Are you a licensed Contractor in CA? Do you have a contract with the person who owes you the money? Does that contract have a mandatory mediation or arbitration clause? If you are a licensed contractor, did you file the proper Mech Lien docs?... View More
answered on Jan 6, 2020
You need to provide much more information, such as what type of "Pension?" Terminology is very important in these type of issues. There are big differences between IRA, 401K, employer--provided benefits, etc.
Hence, is it a "private" pension, through an employer?... View More
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