Establishing separate property of a spouse If this instrument establishes the real estate as one spouse’s separate property, such as a spouse signing a quitclaim deed to the property. “This conveyance establishes sole and separate property of a spouse. R&T 11911” OR “It is the express... View More 
answered on Nov 10, 2019
This looks like a conveyance, part of a deed, between a married couple. California is a community property state, and property acquired marriage belongs to the community, basically the marital unit, both spouses. This is one spouse deeding their half to the other spouse as just their own separate... View More
My contract was terminated today by the company. I was hired an independent contractor, but they treated me as an employee. Regular reports were due, specific training on how they wanted things done, regular biweekly direct deposit, mandatory company meetings and even the exit paperwork they sent... View More
answered on Nov 10, 2019
Maybe. On those facts you could be an employee or an independent contractor, but establishing that you were an employee doesn't by itself entitle you to unemployment. The nature of your termination is also relevant. If you were terminated for misconduct, for instance repeatedly coming to... View More
I was given a 60 day notice of the end of lease with two options- continue with a new 6 month lease with added $45.00/mo or continue on a month-to-month at an additional $100.00/mo- in October, 2019. My lease is up Dec 13th. Today, Nov. 8th I got a notice to be OUT by Dec, 13th. Is this legal?
answered on Nov 10, 2019
This depends on the terms of the lease, and the length of time you have been a tenant. It could be 30 or 60 days. First, check your lease. My guess is it will be 30 days notice, which would be consistent with the laws if it is given before the lease expires. If the notice is given /after/ the... View More
Instead of paying employees directly my employer would put all of our paycheck in to his grandson's account he was in charge of paying us and we never got paid on time we'd be to 3 maybe even a month late our bills racked up causing a major financial hardship 2 myself and the rest of the... View More
answered on Nov 10, 2019
I am not sure what type of employee you are, i.e independent contractor, employee, exempt, non-exempt, but regardless, there are all sorts of things wrong with this. "Is it legal" is a broad question that isn't very helpful. What would be is contacting a local employment lawyer.... View More
I've sent it to them 8 times. They keep telling me they have never received it, as a result, the amount keeps going up. Is there anything I can do about this as it has been going on for over a year now.
answered on Nov 10, 2019
If you are sending it to them by mail, you may want to consider sending it by certified mail. Then you will get a receipt sent back to you showing that it has been delivered.
answered on Nov 10, 2019
What I think you are asking is, "if I try to sell t-shirts with the phrase 'Will you be my neighbor'" will you be infringing on someone's intellectual property rights and subject yourself to liability? Maybe. It would depend if the phrase is trademarked. It is certainly... View More
University sent me a settlement which if I sign not going to be available to take them to court in the future.
answered on Oct 17, 2019
That is the basic idea of a settlement agreement: you get a benefit as a plaintiff (usually money) and it cuts off your future right to sue. If the deal is fair, and you are willing to waive any future claims, then you can make the choice to take it. If it is unfair, or you don't have a good... View More
answered on Sep 22, 2019
There are several potential deadlines. The most common is "60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled 'Notice of Entry' of judgment or a filed-endorsed copy of the judgment, showing the date either was served."... View More
They have evaded service thus far. The Judge recommended we default them but did not specify how to fill out the proof of service? They served themselves?
answered on Sep 13, 2019
You can't default them without filing a proof of service. To do that you need to serve them properly. A party cannot serve another party themselves. Them reading it is not proper service unless they sign an acknowledgment/waiver of service. If they haven't been properly served, hire a... View More
The judges and clerk of the US District court prejudiced against the ProSe for not admitting the crimes the defendants lawyer tried to make up. Then the judges were bias and prejudice so we requested the judge to recuse from the case but refused to do so. After the recusal request, the lawyer... View More
answered on Sep 10, 2019
You don't sue the judge. Judges are generally immune from civil liability for their actions in court. As a practical matter, they are entitled to latitude, and they don't even have to be right 100% of the time. They have to deal with what they have as best they can. If the ultimate... View More
answered on Sep 10, 2019
The declaration should match the documents actually sent. Minor discrepancies are not a big issue. You can always serve amended forms that fix the issue. If there are major discrepancies, that can be grounds to challenge the motion, petition, etc. at issue. It depends on the nature of the... View More
He actually paid for half of the bill, and was fine with that, but when he found out I sold it back to the guy for the $1040, he wants his money back. He had already bought another jet ski. Would it matter if I didn't sell it for a week? A month? A year? What is the difference?
answered on Sep 10, 2019
I think part of your question got clipped. If I understand correctly, you had a contract for the sale of goods, a jet ski, with your friend. By selling it to someone else, you broke that contract. It seems reasonable to me that he wants his money back, or he could sue you for the value of the... View More
Can I sue a movie production company for invasion of privacy because they used the name of my dead dad in a movie about terrorism? (My dad was a uh .. a terrorist.. ) The movie is really famous and we found out that they used his name in it through our relatives who saw the movie and noticed it.
answered on Sep 8, 2019
Your real problem is this is prime First Amendment territory. If the accusations were true, or reasonably close within artistic license, it will be hard to complain. You can't had bad acts behind the veil of privacy, particularly if they are terroristic, which are by nature intended to be... View More
answered on Aug 24, 2019
I'm not sure what the question is, but whether you owe him money or not does not give him the right to hold your personal effects hostage.
Several years ago a doctor billed me erroneously. His office refused to adjust the bill. The bill went to collections. I would like a detailed explanation as to how the last date of activity is defined as it relates to the stature of limitations. I have found a general description, but am... View More
answered on Aug 24, 2019
No one can give you a detailed explanation of the statute of limitations without knowing the details of your situation. There are multiple causes of action that can be used against you in a collections situation, including breach of contract, and common counts, such as "open book... View More
Neighbors truck is early nineties. The horn is full, not muted like todays cars
It's loud. I can hear it inside my house and when outside it's completely disturbing. I ask him to just use his key to lock his door he says the alarm won't set if he does that
answered on Aug 24, 2019
Depending on where you live, and the time of day or night this is happening, he may be in violation of local noise ordinances. I will say however, that if you report him, you may not get a lot of sympathy. Local enforcement may just take it as a trivial complaint between neighbors that don't... View More
Am being sued for Breach of Contract but i have nothing to do with the loan agreement between my ex boyfriend & his mother. I signed as a witness only & was never any kind of business partner with my exboyfriend (co-defendant). A judgement was made against me for not showing up because i... View More
answered on Aug 24, 2019
You can move to set aside a default judgment under Code of Civil Procedure 473(b) for "mistake, inadvertence, surprise, or excusable neglect" but the outside time limit to do so is six months. After that time, the Court has no power to entertain the motion. That you say you are... View More
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