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Questions Answered by Ali Shahrestani, Esq.

1 Answer | Asked in Divorce for California on

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

Ali Shahrestani, Esq. answered on Feb 1, 2019

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... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on

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

He was convicted of 2nd degree murder w/ 25 year to life gunenhancement in 1999.

Ali Shahrestani, Esq. answered on Feb 1, 2019

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... Read more »

1 Answer | Asked in Family Law for California on

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

* I filed a civil complaint in U.S. District Court, Central District of California on Dec 28.

* Service of the Complaint was done on the following Jan 15.

By when must the PROOF OF SERVICE OF SUMMONS be filed with District Court ?

Ali Shahrestani, Esq. answered on Feb 1, 2019

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...
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2 Answers | Asked in Employment Law for New York on

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

Ali Shahrestani, Esq. answered on Feb 4, 2019

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... Read more »

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3 Answers | Asked in Appeals / Appellate Law and Criminal Law for California on

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

Ali Shahrestani, Esq. answered on Feb 1, 2019

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... Read more »

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2 Answers | Asked in Copyright and Trademark for New York on

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

I am looking to open a Game of Thrones pop up bar in NYC. I would like to be able to have it be a Game of Thrones bar, versus a Game of Thrones inspired bar because of the trademarking.

Ali Shahrestani, Esq. answered on Feb 4, 2019

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... Read more »

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2 Answers | Asked in Criminal Law for California on

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

the charges are 001 HS11379A 001 PC186.22E1

I have no tattoos or have never been a gang member, i was not arrested At all for theses charges, never read any miranda right. when my mothers house was raided in 2015 they stated i was wanted for questioning. My first court date was 3 months... Read more »

Ali Shahrestani, Esq. answered on Feb 1, 2019

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... Read more »

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1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for California on

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

I am aware of FERPA, and that their protections generally apply to College Board records. I also know that I can't sue, only file a complaint with the Dept of Education, under FERPA. Is there any other legal option available to me? They are claiming student records more than 4 years old cannot be... Read more »

Ali Shahrestani, Esq. answered on Jan 29, 2019

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... Read more »

1 Answer | Asked in Civil Litigation for California on

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

lien and now im very stressed out because,they had a mandatory settlement and no judge present and,under duress made me sign to pay them 200k and would let me,negotiate. ive spent fortunes on lawyers now i got to sell to my own money

Ali Shahrestani, Esq. answered on Jan 29, 2019

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... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Employment Discrimination for California on

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?

I bought a puppy two weeks ago. Two days later I found the breed is not exactly what I want, so the seller and I agreed to find a new owner for him together.

On Jan 12th, I sent my puppy to the seller's in-law where they have several dogs and asked them to take care of the puppy until we... Read more »

Ali Shahrestani, Esq. answered on Jan 29, 2019

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... Read more »

2 Answers | Asked in Civil Litigation and Insurance Bad Faith for California on

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

i did a deposition on a stolen vehicle 55 days ago plus i had a attorney but the only thing that he does is set in on deposition's and i still have not heard anything and when i call all they will tell me is that they are waiting on there legal team to figure out what they are going to do and this... Read more »

Ali Shahrestani, Esq. answered on Jan 29, 2019

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...
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1 Answer | Asked in Family Law for California on

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?

Or if i base it even on his violation of our fiduciary duties? In his preliminary dec he lied and said there were no assets to divide although he made well over 150000.00 a year. I was threatened with my kids and at the time homeless and have been ever since i was left with nothing despite him... Read more »

Ali Shahrestani, Esq. answered on Jan 29, 2019

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... Read more »

1 Answer | Asked in Estate Planning and Family Law for California on

Q: State is asking for my wife to return inheritance

My wife inherited some money and now the state is asking her to return it because they found that her siblings should of received a share of it. My wife has spent a lot of it and more than what her share should of been. We don’t have the full amount to return. Now what

Ali Shahrestani, Esq. answered on Jan 29, 2019

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... Read more »

1 Answer | Asked in Family Law for California on

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

He is now 19 and she is 22. A child has since been born and they r no longer together and she wants child support

Ali Shahrestani, Esq. answered on Jan 29, 2019

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... Read more »

1 Answer | Asked in Child Support and Family Law for California on

Q: File for child support after 10years

My partner have a 10 yo son, he have spend time with him every other month because the mother did not allow it but never file for CS everything was the same until after she find out we were having a second child she called him upset asking him why he is having more kids when he can’t take care of... Read more »

Ali Shahrestani, Esq. answered on Jan 29, 2019

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.... Read more »

1 Answer | Asked in Divorce and Family Law for California on

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

20 year housewife was suddenly presented with divorce paper. In her shock, fear, and illiteracy, she signed everything presented and now she is stranded in US with nothing and no English skills. Realizing the dire situation, she is trying to properly hire a lawyer and claim her rights. However,... Read more »

Ali Shahrestani, Esq. answered on Jan 29, 2019

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... Read more »

1 Answer | Asked in Criminal Law for California on

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

im in tears right now cause im alone in this, the defendant is my ex fiance who has been serving life since 2006, in 2015 my moms house was raided(no search warrant was given to her, they found nothing i went to sub station few hours later i was question, i agreed to record a conversation between... Read more »

Ali Shahrestani, Esq. answered on Jan 29, 2019

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... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for California on

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

My daughter has been having to block a girl for over 3 years with constantly sending new requests through new accounts she makes. Recently she’s made fake accounts of her on social media. This girl has indirectly told others she wants to hurt my daughter and keeps trying for ways to reach her. It... Read more »

Ali Shahrestani, Esq. answered on Feb 1, 2019

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... Read more »

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2 Answers | Asked in Copyright for New York on

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

Can a photographer claim copyright infringement and sue for damages on photos posted to a hobby website in 2014 with clear credit and links given back to the photographers website and Instagram account when the copyright was not filed until 2018 for said photos?

Ali Shahrestani, Esq. answered on Feb 4, 2019

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... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for California on

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

now Judge declared him incompetent to stand trial no send it since to Napa State Hospital

Ali Shahrestani, Esq. answered on Jan 28, 2019

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... Read more »

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