Questions Answered by Ali Shahrestani, Esq.

Q: I’m currently married but my wife just got married to another man at the same county Clerk office we did. What can I do

1 Answer | Asked in Divorce for California on
Answered on Feb 1, 2019
Ali Shahrestani, Esq.'s answer
Bigamy is a crime and can be reported to the police. This assumes both marriages were legal marriages, not simply religious. You can also file for divorce. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA,...

Q: Can my brother have his case reviewed under SB620 gunenhancements, if his conviction was in 1999?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Answered on Feb 1, 2019
Ali Shahrestani, Esq.'s answer
Have there been any appeals in the case thus far? Why the delay of 18 years? Habeas appeals law has equitable tolling provisions, but it's very fact dependent. Unless legislation is actually passed and explicitly made to function retroactively, it's considered proactive, as a general rule. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,...

Q: Does CCP SECTION 583.210-583.250 apply to service of Summons in Federal District Courts (Civil case) in California?

1 Answer | Asked in Family Law for California on
Answered on Feb 1, 2019
Ali Shahrestani, Esq.'s answer
For all local rules questions, consult the court's website: https://www.cacd.uscourts.gov/court-procedures/local-rules. It's best to file a proof of service immediately. Was there an issue with doing so?

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...

Q: The HRA of NYC is trying to terminate me because of my past convictions can I get a temporarily injunction

2 Answers | Asked in Employment Law for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
The basis of your complaint is key. Did you lie about past convictions in your original employment application? Are there allegations that the convictions are in any way related to your ability to do your job? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...

Q: Can I re appeal a criminal case that the appellate denied? For 2 degree robbery it’s been more than 8 yrs

3 Answers | Asked in Appeals / Appellate Law and Criminal Law for California on
Answered on Feb 1, 2019
Ali Shahrestani, Esq.'s answer
Though 8 years of delay certainly make an appeal less likely, there are rare incidents when the 1 year appeal deadline for a federal habeas petition may be equitably tolled. It is highly fact dependent. Were there any appeals litigated thus far? What would be the basis for the appeal? What was the reason for the delay? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more...

Q: How would I go about finding out what exactly is trademarked for Game of Thrones, or ask permission to use it?

2 Answers | Asked in Copyright and Trademark for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
You'd need a license from the IP owner, which may be quite expensive in this case. Have you considered related themes? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of...

Q: i know that the case could be dismissed cause the raid was illegal

2 Answers | Asked in Criminal Law for California on
Answered on Feb 1, 2019
Ali Shahrestani, Esq.'s answer
If you're looking to determine whether you have a factual and/or legal basis for an appeal, time is of the essence. Your summary here is both vague and confusing. You might have a deadline issue for an appeal if you've not been pursuing the appeal, but there are exceptions. As to the allegedly illegal raid, what do you believe was illegal about it? Was consent provided by the homeowner to search her home? Were there other pieces of evidence used to convict you that had nothing to do with the...

Q: What options do I have to get The College Board to honor a legal name change for student records?

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
Why not simply provide the colleges to which you are applying a copy of any court order showing your legal name change, which should state the old name and the new name, when providing them a copy of old documents and records? The College Board policy seems reasonable enough so that it does not create a significant burden for them to worry about changing names on records that are older than 4 years. It's a private, non profit organization, and when you take tests through the College Board, you...

Q: hi im listing my home and i found out theres a action pending i was in a civil suit on case. and i got no notice of a

1 Answer | Asked in Civil Litigation for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
If there's a judgment lien on your home from a lawsuit which you lost, you should have been provided notice of all relevant filings in that lawsuit, from initial filings to the judgment and any lien recorded. Were you? Did you participate in that lawsuit? When did it occur? Time for appealing a lawsuit is typically a short deadline. See: https://www.courts.ca.gov/selfhelp-appeals.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an...

Q: I was told my dog died in the boarding family, and they refused to make compensation. Can I ask them pay for the loss?

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Employment Discrimination for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
If you bought the dog, then until you sold the dog to new owners, it can be argued that it was your responsibility to properly vaccinate the dog with the parvo virus and other relevant vaccines. It sounds like the owner and the in-laws were merely boarding the dog for you while you found a new owner. I hear no acceptance of liability by them in your stated facts, nor any contractual relationship that points to any liability by them. Did the sellers tell you that they had vaccinated the dog...

Q: Insurance claim on my 2013 nissan altima that was stolen

2 Answers | Asked in Civil Litigation and Insurance Bad Faith for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
If you insurer is reviewing the matter, they should let you know when they're going to make a decision re: your claim. They have 40 days to accept or deny your claim from the time

See: http://www.insurance.ca.gov/01-consumers/130-laws-regs-hearings/05-CCR/fair-claims-regs.cf

Which says in part:

"Section 2695.7. Standards for Prompt, Fair and Equitable Settlements

(a) No insurer shall discriminate in its claims settlement practices based upon the claimant's age,...

Q: Is it possible to have my 10 year old divorce set aside if my ex threatened to kill me if i attended divorce trial?

1 Answer | Asked in Family Law for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
I see no way to appeal a 10 year old family law decision, but if there are current matters being litigated in family court you might want to hire an attorney via limited scope representation as that might be more affordable for you. Otherwise you may seek self help resources via the CA Courts website and your local law library. If he is filing frivolous motions in court or being unreasonable and vexatiously litigious, you might want to pursue filing motions for sanctions against him for such...

Q: State is asking for my wife to return inheritance

1 Answer | Asked in Estate Planning and Family Law for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
Did she spend any of the money after she was notified of objections to the inheritance, including any court filed documents informing her that there was pending litigation re: the inheritance? If so, she might have violated court orders by spending the money. It really depends on the facts and related court proceedings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney who handles Probate Litigation. You...

Q: Is there a statue of limitations in calif. To report underage sex w/ a minor ? my son was 17, gf was 20

1 Answer | Asked in Family Law for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
You can report the alleged underage sex to the police, but the fact that 2 years has elapsed may make investigations more challenging for them. As for child support, he can file in court his reply re: any child support documents she has filed, and he can also request child custody and visitation via his own filings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about...

Q: File for child support after 10years

1 Answer | Asked in Child Support and Family Law for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
It's necessary to reply to the child support papers within the time limit, and if he wants more time with the child he can request child custody and visitation via filings along with his reply. Money he has paid in the past typically has no relevance to current and future child support payments. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,...

Q: Mother who can't speak English was coerced to divorcing and waiving her right to prop division. Can this be challenged?

1 Answer | Asked in Divorce and Family Law for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
She might be able to rescind the document if she can prove that she doesn't read, write, or speak English, that it was written in English, that she didn't understand the document, and that she had no reasonable opportunity to consult with an attorney to review it and advise her. Who presented her with the document and what were the circumstances in which she was asked to sign it? Why did she did so? What did the documents state? More details are necessary to provide a professional analysis of...

Q: i have charges pending since 2015(which i never was shown evidence or search warrant from that raid)raid was on homicide

1 Answer | Asked in Criminal Law for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
What are you being charged for? You haven't stated what the charges are against you and what the alleged facts are substantiating such charges. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in...

Q: is sending multiple friend requests and making fake accounts of someone a justification for a restraining order?

2 Answers | Asked in Criminal Law and Federal Crimes for California on
Answered on Feb 1, 2019
Ali Shahrestani, Esq.'s answer
Depending on the facts, there may be a crime here, especially if the harassment is repeated multiple times daily, if there is identify theft, if there are actual threats of harm, and if there is financial harm committed, especially if your daughter is a minor. You can report this to the police and to the social media company for redress. You may have a basis for a civil restraining order as well. More details are necessary to provide a professional analysis of your issue. The best first step is...

Q: Is it copyright infringement in 2018 for photo posted in 2014 if copyright wasn't filed until 2018?

2 Answers | Asked in Copyright for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
Registering a copyright with the US Copyright Office offers a certain level of added protection, but prior to that registration date, there are common law and state protections for copyright - which may be relevant in this case. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on...

Q: A person who is charged with a felony violated probation rearrested Eight months in custody being told they’re going to

1 Answer | Asked in Criminal Law and Civil Rights for California on
Answered on Jan 28, 2019
Ali Shahrestani, Esq.'s answer
When a person is declared incompetent to stand trial, a judge may stay the proceedings until the person is provided the needed therapy to stabilize him/her so that, if possible, they may be able to stand trial. Also, in rare instances, a person's lack of mental competence might be used as a defense to some crimes where it prevents them from lacking any and all cognition sufficient to intend to commit an intentional crime. More details are necessary to provide a professional analysis of your...

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