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Questions Answered by Eliza Jasinska
2 Answers | Asked in Divorce, Family Law and Immigration Law for California on
Q: My soon to be ex-wife of 4 years refuses to become a citizen and plans to use the affidavit of support against

She refuses to become a citizen in order to use the affidavit against me. She cleans houses and does not have earned credits, has been lying to the court in our divorce case claiming we were married in 1994 when in reality we married in 2015-as noted on her immigration application. She is... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 6, 2022

Please discuss your case with a competent family law attorney. In general, in addition to considering the marital standard of living when ordering long-term spousal support, the court must consider all of the following 14 circumstances (also called "4320 factors") that apply to the... View More

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4 Answers | Asked in Personal Injury, Health Care Law, Medical Malpractice and Nursing Home Abuse for California on
Q: My mom is 83. After a leg amputation the rehab nurse gave her COVID, she has bruise above her eye, horrific bed sore.

The rehab refused to let us see or speak to her. She was there only 2 weeks as we insisted on bringing her home. The rehab said we wouldn't be able to care for her, she was COVID and would have to wait. Only the fact that she got an infection and had to be rushed to emergency we were able to... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 6, 2022

Please have your mother evaluated by a qualified doctor and document all of the injuries. Having a complete set of medical records is crucial in any negligence case. Abuse and Negligence can occur at home, home health agencies, assisted living facilities, residential care facilities, skilled... View More

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1 Answer | Asked in Family Law for California on
Q: I have joint custody. Trying to move out of state. Doesn't state full legal. But I have full decision for school n medic

Joint custody. I have full medical and school decisions. But doesn't specify as full legal. Can I move out of the state?

Eliza Jasinska
Eliza Jasinska
answered on Feb 4, 2022

Please discuss your case with a family law attorney. When the parents share joint physical custody under an existing order and in fact, and one parent seeks to relocate with the child, the nonmoving parent who seeks a change of custody to prevent the child's relocation need only establish that... View More

5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was in a vehicle accident that was not my fault. Totaled my vehicle and fractured my sternum how long will it take?
Eliza Jasinska
Eliza Jasinska
answered on Feb 3, 2022

Compensatory damages could include medical bills, the missed from taking too many sick days, and pay lost in the future from a reduced capacity to work. Also, many courts will consider many different types of injuries. For example, if the plaintiff was badly frightened and suffered nightmares,... View More

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1 Answer | Asked in Child Support for California on
Q: Can I File A Motion For Modification On My Child Support Order without a Lawyer?

On August 2021 I Got served for Child Support. I then missed all the mail that was sent to my home because I Had Moved Out for a few months for personal reasons. So without being aware , its turns out they had sent mail for me to apear in court On Dec 22nd for the 1st hearing . I was completely... View More

Eliza Jasinska
Eliza Jasinska
answered on Jan 27, 2022

Please discuss your case with an attorney. A modification may be retroactive at most, however, to the date of service of the notice of motion or order to show cause. There are neither equitable nor statutory grounds to modify child support before the date of filing of the motion, and the court may... View More

2 Answers | Asked in Family Law for California on
Q: I have a spousal support modification hearing March 1st. I just found out my terminally ill mother will be passing in

the next few few weeks. I thought I could ask the court for continuance so I can fly back to the east coast for her passing/ funeral. I am now being told there would have to be an exparte hearing because the other party won't agree to it and more than likely he will ask for Temporary orders... View More

Eliza Jasinska
Eliza Jasinska
answered on Jan 27, 2022

The purpose of a request for emergency orders is to address matters that cannot be heard on the court's regular hearing calendar. The process is used to request that the court make orders to help prevent an immediate danger or irreparable hard to ta party or to the children involved in the... View More

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1 Answer | Asked in Animal / Dog Law for California on
Q: What legal recourse do I have for a neighbor who allowed their dogs to run free for months and kill 18 cats in our area?

The neighbors moved to our area and never kept their dogs contained. The three dogs packed up and killed 18 cats in our neighborhood. They are seen on security camera chasing cats away and even killing them on their own porches. The owners claim they had no idea of what their dogs were doing, but... View More

Eliza Jasinska
Eliza Jasinska
answered on Jan 15, 2022

Please discuss with an attorney. The best thing to do is to report to the local animal control. Plaintiffs in animal cases often claim that homeowners, landlords, and homeowners' associations owed them a duty of care and that their failure of care was negligent. Negligence is analyzed under... View More

1 Answer | Asked in Medical Malpractice for California on
Q: Post-surgical complications (in CA)?

I have had surgery twice on the left shoulder. 4 years later I am still experiencing pain and instability. Do I have any recourse?

Eliza Jasinska
Eliza Jasinska
answered on Jan 8, 2022

Please consult with an experienced medical malpractice attorney. In order to bring a successful medical malpractice claim, the plaintiff must prove that the healthcare professional failed to adhere to the standard, was responsible for the care, and provided care negligently. Experts must certify... View More

2 Answers | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for California on
Q: I'm trying to figure out If I have a malpractice case. I am 98 lbs still losing from bariatric surgery 2018.

I got the surgery in 2018 everything was fine until I hit 120 lbs and I wouldn't stop losing. I have gotten very weak and so much pain all over my body. I sprained my ankle just walking. I have tried to get help from everywhere and seems they are just letting me die. I haven't been... View More

Eliza Jasinska
Eliza Jasinska
answered on Jan 8, 2022

Please consult with an experienced medical malpractice attorney. In order to bring a successful medical malpractice claim, the plaintiff must prove that the healthcare professional failed to adhere to the standard, was responsible for the care, and provided care negligently. Experts must certify... View More

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2 Answers | Asked in Medical Malpractice for California on
Q: Can I pursue a medical malpractice lawsuit?

I suffered a stroke at 34 years of age approximately 3 months ago due to spontaneous bilateral vertebral artery dissections. I had no significant medical history prior to this event. It was a small/medium-sized stroke in my cerebellum and I continue to struggle with headaches, fatigue, and... View More

Eliza Jasinska
Eliza Jasinska
answered on Jan 8, 2022

Please consult with an experienced medical malpractice attorney. In order to bring a successful medical malpractice claim, the plaintiff must prove that the healthcare professional failed to adhere to the standard, was responsible for the care, and provided care negligently. Experts must certify... View More

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