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Questions Answered by James R. Dickinson
1 Answer | Asked in Probate for California on
Q: Dad passed 2012 mom started probate 2021. Mom passed 2022. Was told I will get nothing. I know siblings manipulated mom.

I don't know I w what to do. Mom passed in AZ I'm in CA. Help.

James R. Dickinson
James R. Dickinson
answered on Sep 29, 2022

If the probate is open in Arizona, speak with an attorney licensed in that state. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Family Law for California on
Q: Can I deny visitation to protect the other kids health from a upper respiratory infection which is contagious till clear

I have 3 daughters with children mom she kept my 3 year I got my 6 and 7 baby baby went to doctors has a upper respiratory infection I don't want 6 and 7 to be around her till she is cleared by doctor can I deny visitation for health concerns I do have custody mother only has visitation

James R. Dickinson
James R. Dickinson
answered on Sep 29, 2022

You've omitted some important information. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Family Law for California on
Q: Am I responsible for my husband’s debts? We don’t live together but we are not legally separated.

Hello. I don’t live with my husband for few years but we are not legally separated. Will I be responsible for his credit cards debts, mortgage debts etc? Thank you.

James R. Dickinson
James R. Dickinson
answered on Sep 29, 2022

The community is responsible for community debts. You'd need advice though regarding your specific situation. More information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Divorce for California on
Q: Is minors counsel suppose to advise parent to stop paying child support and force a work seek order
James R. Dickinson
James R. Dickinson
answered on Sep 29, 2022

No. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Divorce for California on
Q: My ex wife agreed to more favorable divorce terms to arrearments. How do I submit that to the court?

Do file an appeal? Submit the request after she signs it?

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

You should speak with the attorney who assisted with the divorce. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Should I have an attorney represent me for a TRO mediation for civil harassment that my neighbor filed against me?

My neighbor has been harassing me since April so I sent him a cease and desist letter and in turn he filed a restraining order against me. When I responded to the restraining order he decided he didn’t want to go through with the TRO and got an attorney to represent him. We have decided to go... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

Yes, you should have an attorney to represent you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Criminal Law for California on
Q: My husband got 2 years for his non violent charges but they doubled it up because of a strike he got in 2014.

Does he qualify under senate bill 483 for resentencing to get the enhancement taken off to the base term?

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

He should speak with a local attorney regarding this. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Employment Law and Criminal Law for California on
Q: I work for CDCR prison as a doctor and I am put under investigation for possible timesheet fraud.

It was unintentional and due to disorganization on my part and billed for pts I may not have seen in person . I honestly thought I saw those pts n entered notes late and billed. It was only about 35 hours .

Should I resign or wait n see if it gets resolved ??

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

You should speak with a local attorney who can advise you of your rights. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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1 Answer | Asked in Contracts for California on
Q: Can I seek damages via small claims court from someone selling a vehicle who is taking bids after we agreed on a price?

I'm negotiating with a private party selling a used vehicle, and we agreed on a price via text message. It's a week later, and now they say they have a higher bid and are asking me to counter offer. Can I seek damages via small claims court for any price I pay over the original agreed-upon price?

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

It would depend on, among other things, whether a legally-binding agreement was formed by the text messages. More information is needed, so speak with local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Domestic Violence for California on
Q: What action should I take if I am possibly being charged as the perpetrator in a domestic violence case

I was actually the victim and only defending myself, I have pictures to prove I was being pinned up against my car when the incident occurred, I was not aware the cops were even called until they had already gone. I am on DISSABILITY and can not afford to pay a lawyer..No one has even gotten my... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

Speak with a lawyer who will defend you, that's the first action you should take. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Personal Injury for California on
Q: My lawyer took took out an extra $120,000 from my settlement for a medical lien reserve. What is this?
James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

Medical liens are common in personal injury cases. I won't speak to your situation as you're represented. Speak with your lawyer; I'm sure he or she will be happy to explain everything. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for... Read more »

1 Answer | Asked in Family Law for California on
Q: Need a California lawyer to assist with issuing a subpoena for to Google -Gmail

I need a California lawyer that knows how to issue successfully a subpoena to Google for my Gmail account, and other Gmail accounts. A person that I know has produce "fake" emails that I never sent, and they never sent me to create false narratives, which became false realities in a... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

Few, if any, lawyers are going to agree to just issue a subpoena. A lawyer will want to evaluate your case and, if they accept representation, they take whatever steps are necessary to further/protect your legal interests. [I litigate cases. Anything posted here must not be construed as legal... Read more »

2 Answers | Asked in Trademark for California on
Q: If my name is a trademarked company's name am I in trouble for making an application with my name as the author on it?

Let's say my legal name is Amazon. If I make an online store that says by Amazon, am I legally screwed?

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

I wouldn't use those words, but, yes, you'd need to not infringe. Speak with an IP attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal... Read more »

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1 Answer | Asked in Real Estate Law for California on
Q: If the relationship in a joint tenancy becomes hostile and one stops paying and the other continues to pay. What happens

How can the one that walks get their name removed from the loan? And would they be free from the loan? If the name stays on the loan but they move out and the other person continues to pay what penalties would be incurred to the one not paying? A note this is not a married couple.

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

If the lender is not paid, it could seek to foreclose. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: My property manager is trying to say that he can not accept a post dated check for a lease payment per B&P Code 10145.
James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

He doesn't need to accept a post-dated check. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Gaming for California on
Q: My son played a video game where the advertise prize was a Nintendo Switch. He won but received a used Nintendo Switch,

The prize was clearly used as it was scuffed up and literally had somebody else’s name on the back of it. Is this legal? Do I have rights to reach back out to the Restaurant and request a new Switch as advertised?

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

It would depend on what was promised, I suppose. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Construction Law for California on
Q: Can a contractor file a lien on my property, if loan company fully released funds and paid them off for the project?

I've been dealing with a general contractor (that installed solar panels on my roof) ever since February. Loan company released funds and fully paid them off before the project was finished. I've been making loan payment for past few months. I recently received notice from contractor,... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

You need an attorney to guide you through this. It is very important that you understand, among other things, your agreement with the contractor and how the project is being financed. Speak with an attorney today. [I litigate cases. Anything posted here must not be construed as legal advice, nor as... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: How can In Pro Per get a Search Warrant with Special Master assigned in unlimited civil case?

Both Legal and Medical professionals in the case I am working as In Pro Per have moved, hidden, altered documents essential to my case. It is necessary to get a Search Warrant with Special Master issued except DA and PD won't speak with me regarding processing the warrant. I am entitled to the... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

This is likely not the search of Mar-A-Lago, and regardless neither would apply in an unlimited civil case. You're going to need help from an attorney. Speak with one in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an... Read more »

1 Answer | Asked in Small Claims for California on
Q: I have a summons from a attorney for a debt collector.The summons is over 90 days when filed.Also Application for licens

License pursuant to Financal code 100000 is pending, do I need to pursue this, being on SSI and 62 yrs,also the amount is for2,648.00 dollars from a best buy credit card

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

It means you have a lawsuit you'll need to defend against. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Contracts for California on
Q: Can I sell a car that will not pass smog as scrap or junk in California?
James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

More information is needed to address your specific question. As a point of general information, I believe planned non-operative vehicles cannot be driven or parked on public streets [posing issues for those who may want to test drive the vehicle], but I believe they can be sold. To get advice... Read more »

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