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Questions Answered by Donald Arthur Hilland
2 Answers | Asked in Education Law for California on
Q: broke her arm while at school on the play ground

broke her arm while at school on the play ground i was notified via phone by the principle that my daughter fell off the monkey bar and hurt herself that ice packs were given and she back in class however my baby sitters husband picked my daughter from school today and noticed my daughter in alot... Read more »

Donald Arthur Hilland
Donald Arthur Hilland answered on Dec 23, 2018

I'm sorry to hear about your child's misfortunate. I will say I have litigated these kind of cases against schools. You would think they would do the right thing, but they rarely do. I have litigated death claims against the LAUSD and in my experience the LAUSD and their attorneys have no... Read more »

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1 Answer | Asked in Child Custody and Divorce for Arizona on
Q: In a 50/50 custody situation, do judges take into consideration jobs of a parent where work travel is unpredictable?

I travel 8 days per month, but they are always a different 8 days. I don't want to lose any of my 15 days with my kids. Will a judge allow us to develop a schedule on a month to month basis that accommodates this as long as it is perceived as fair to the other parent? I'm not a pilot, but what... Read more »

Donald Arthur Hilland
Donald Arthur Hilland answered on Dec 21, 2018

Although family law courtrooms are very crowded, especially this time of year, Judges for the most part do strive to create workable schedules for working people with minor children. You're right that you need to keep working and supporting your children and you should not miss out because of your... Read more »

1 Answer | Asked in Employment Law and Gov & Administrative Law for California on
Q: I need a CA. lawyer for EDD appeal. The former employer is saying I quit--I WAS FIRED-they won't provide cc of term ppwk

I have a text (w/date and timestamp) i sent to my boyfriend at the time of the firing saying "they fired me" (correct time of event IS verified by my former employer's own testimony).

Donald Arthur Hilland
Donald Arthur Hilland answered on Sep 29, 2018

So I answered this question quite extensively. I told you what to do and how to do it. If you want to give me a call or an email, please do. I'm very good at these hearings. I know the law on Unemployment and most attorneys do not.

Look at the answers that were already posted regarding...
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1 Answer | Asked in Civil Rights for California on
Q: i own a mobile home in visalia and am having issues with the management and feel like i am being discriminated against.

i signed a 10 yr lease to rent the property, and am constantly living in fear that me and my children are going to be put out. i have never been late paying my rent in the 6 yrs that we have lived here. they continue to harass me and are constantly threatening me to take my rental assistance and to... Read more »

Donald Arthur Hilland
Donald Arthur Hilland answered on Sep 29, 2018

So I will redo your question if that's okay because what you seem to be asking is not about discrimination, but about landlord-tenant relations.

Discrimination in housing would be, for example, if they will not rent to Black people, or gay people, or old people, because those groups are...
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1 Answer | Asked in Civil Rights for California on
Q: I am a victim of domestic violence, I have a 5 yr civil RO and a criminal RO against my ex husband. He violated both .

7 times in contempt. A few days ago he broke into my home and held me hostage at gunpoint. Can I sue the sheriff's for failing to arrest him on the 7 violations?

Donald Arthur Hilland
Donald Arthur Hilland answered on Sep 29, 2018

This is California so you can sue anybody for anything. I think your question is really, "If I sue the sheriff, will I win?" And the answer is probably not. What you're asking is really a liability question, or fault. Whether the sheriff dept is liable because he, the ex, kept getting out of... Read more »

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Juvenile Law for California on
Q: what can i do about false or mislading statemnts given under oath by social worker to supreme court of ca
Donald Arthur Hilland
Donald Arthur Hilland answered on Sep 29, 2018

How do you know the statements are false or misleading? What is your proof that the statements are false or misleading? Are you a party to the child custody case? Or are you simply someone who knows the truth? There are too many uncertainties in your question. Filing documents with the supreme... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: Below is what is stated in my rental agreement. How many days notice should I give to vacate?

The term of this agreement is for 1 year, beginning on 3/9/16 and ending on 3/9/17, at which time the lease shall terminate without further notice. Any holding thereafter shall result in resident being liable to owner/agent for all rental damages equal to the current market value of the unit... Read more »

Donald Arthur Hilland
Donald Arthur Hilland answered on Sep 29, 2018

So your agreement is the same as California law, 30 days' notice if less than 1 year, 60 days' notice of 1 year or more. Since it is 2018, you have been there for more than 1 year. So that's the answer.

If you're moving in December first, give written notice to him by October 1,...
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1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Identity Theft for California on
Q: What action can I take, if I just found out my husband file for divorce as me without my knowledge meant.

I married in '04, I just was informed he filed for divorce as me being the divorcee against his. I wasn't notified or no signature(s) required from me by the courts. After receiving lNS approval in '05. As we continue to moving forward living our lives happily married til his own infidelity... Read more »

Donald Arthur Hilland
Donald Arthur Hilland answered on Sep 29, 2018

So I'm not clear if you are saying that he filed the divorce without knowledge and got a judgment already or just filed the divorce. When a divorce is filed, the papers must be personally served by an independent person, a non party to the divorce, and cannot be served by mail or Fed Ex, etc. So... Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: If a court ordered cs for 559 including daycare and the child no longer is in daycare, can i pay the amt less daycare

My old attorney included the amount for daycare in the $559 monthly CS amount. But when our son entered kindergarten and no longer required daycare, my ex and I agreed to the amount of 350, which does not include daycare fees. Now she's opened up a cs case and the LCSA is claiming I'm in arrears.... Read more »

Donald Arthur Hilland
Donald Arthur Hilland answered on Sep 28, 2018

Unfortunately, the court order still says what it says and CSS will enforce it until you change it. You can voluntarily agree and submit it to the judge or to the CSS if you both go in person and sign a stipulation, but without that agreement in writing or in person, you need to file a request for... Read more »

1 Answer | Asked in Family Law and Civil Rights for California on
Q: I was in a divorce case when I went tp jail for 3 yrs (Or ange County Jail} my divorce was in San Bernardino, They give

the property to my ex with out a serve o notice to me; What I cab do?

Also I need custody of my daughter 50 50 legal and 50 50 physical

Donald Arthur Hilland
Donald Arthur Hilland answered on Sep 28, 2018

So I have done a lot of divorce cases all across SoCal and I know all of the judges in San Bernardino well.I have been in all their courtrooms many times and I know that they would not proceed without a proof of service. However, I can tell you a few pointers and things I would tell a client if you... Read more »

1 Answer | Asked in Domestic Violence for California on
Q: I have witnessed my roommate violate his restraining order in our residence. Am I liable if I do not report him?

He has been convicted numerous times for domestic violence with his ex wife, sister, and step dad. Convicted of violent assault on them over the past 12 years.

Donald Arthur Hilland
Donald Arthur Hilland answered on Sep 28, 2018

No, you are not liable unless called as a witness and lie or if questioned by certain law enforcement agencies and lie, like the FBI. As along as you are not participating. Restraining orders generally say that the restrained person will not have anyone act on their behalf. So be certain there's... Read more »

1 Answer | Asked in Employment Law for California on
Q: what are my right after paternity leave?

I been with this company for a little over a year , they were accommodating when I told them I needed to take a paternity leave. It’s been over a month now since I told them in person and on phone that I was ready, but they keep putting it off, and keep saying they put me in the schedule next week.

Donald Arthur Hilland
Donald Arthur Hilland answered on Sep 28, 2018

So it sounds like they are not going to hire you back, but since you posted this I do not know if they have called you as I see it has been several weeks. If yes, then great for you and maybe others with similar questions can benefit. If no, then I can tell you I had a recent case of a father... Read more »

1 Answer | Asked in Employment Law for California on
Q: Hi, can you be laid off while on maternity leave?

When I reached out to my manager, letting her know I'd be coming back, she told me that she didn't have any hours to give me because they had just hired someone a few weeks prior.

Donald Arthur Hilland
Donald Arthur Hilland answered on Sep 28, 2018

So the law on return from pregnancy depends on a number of factors. If you came to office I would ask things like how many people work there - very important as to which laws apply. If its 3 people, then no. If it's 50 or more, then maybe yes. Understand that the law has many rules but even more... Read more »

2 Answers | Asked in Employment Law and Gov & Administrative Law for California on
Q: I need a CA. lawyer for EDD appeal. The former employer is saying I quit--I WAS FIRED-they won't provide cc of term ppwk

I have a text (w/date and timestamp) i sent to my boyfriend at the time of the firing saying "they fired me" (correct time of event IS verified by my former employer's own testimony).

Donald Arthur Hilland
Donald Arthur Hilland answered on Sep 28, 2018

Based on your question, I am hoping you mean an EDD Unemployment Appeal, which if I'm correct you got a letter stating that under Unemployment Insurance Code 1256 you are disqualified and must now work another quarter and earn a certain amount before you can reapply. If I'm correct, then you... Read more »

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3 Answers | Asked in Criminal Law and Employment Law for California on
Q: I was arrested for DV in the past, now I'm trying to get my nursing license. I don't know whether to report or not.

I was never charged. The Board of Nursing asks directly if applicants were convicted of any crimes, which I wasn't. They also require a finger LiveScan, which will show an arrest. I've read not to disclose things that look bad that are unnecessary. I've also read that they could potentially claim I... Read more »

Donald Arthur Hilland
Donald Arthur Hilland answered on Sep 28, 2018

In California, you must disclose. Don't take a risk or you will likely be prevented from obtaining your license. You're correct that an arrest is not admissible evidence of any wrongdoing, only a conviction, and generally there are factors in the courtroom of even admitting a conviction, namely,... Read more »

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2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: My ex boyfriend came at me with a knife I called the cops he was taken in for misdemeanor battery the DA dropped charges

They said all I can do is get a restraining order. Is there anything else I can do? He has a current restraining order from last girlfriend and two felonies that were not related to domestic abuse but still..

Donald Arthur Hilland
Donald Arthur Hilland answered on Sep 29, 2018

I have to be a lawyer here and answer your question by asking some questions. I am sympathetic, but what you need most is action, not sympathy.

How long were you together? And do you have any children together? Do you know his family?

Does he work and without identifying him...
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2 Answers | Asked in Civil Rights for California on
Q: If i was stopped by an police officer and he went through my wallet after i told him not to but still continued

And found something in my wallet can the evidence be thrown out and my chrarges be dropped

Donald Arthur Hilland
Donald Arthur Hilland answered on Sep 28, 2018

So I need information to answer you to any degree of certainty. You say you were stopped. Were you walking, driving, or what? Rules are different for different modes of travel. Was it daytime, nighttime, what? Were you the city, small town, driving on interstate? Need more information. For... Read more »

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