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2 Answers | Asked in Real Estate Law for California on
Q: I Have submitted an offer on a home through an agent. However I’d like to have an real estate attorney to help

What are my options. What would the attorney be able to help with?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2019

It's useful to have an attorney review the contract terms and help make sure you've done all your due diligence, make sure the other party's disclosures are complete, and preserve your rights along the way. Are you having any particular concerns with your agent or the seller? More... View More

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2 Answers | Asked in Personal Injury for New York on
Q: Bullied by a professor to the point that I have PTSD, university won't penalize him. Can I sue him or my university?

The bullying behavior - which likely started because I told the professor in question not to hit me (it was done playfully, not in aggressively) - occurred from Oct through Dec 2017, and my failed attempts to get university admin to take actions against him/assure me that they took actions against... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2019

Did you file a written grievance with the school? There might now be a deadline problem if you've waited too long to do 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... View More

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2 Answers | Asked in Personal Injury for New York on
Q: Hi, I am a New Jersey admitted counselor and was wondering if I can represent clients who were involved in MVA in NY.
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2019

Are you representing a NJ client in a NJ court? Or is your matter under NY jurisdiction? That's a key factor to consider. 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... View More

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2 Answers | Asked in Real Estate Law for California on
Q: Does a spouse have to sign a deed of trust if it is the sole and separate property of the other spouse in California
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2019

Has there been a court order requiring the spouse to sign a deed of trust? It sounds like you might have a community property vs. separate property debate here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

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1 Answer | Asked in Criminal Law for California on
Q: I want to drop charges against my husband not produced the case for penal code 591.5 I think. I was so upset.
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

The DA's office decides whether to bring or drop charges. If you're a material witness, you might be subpoenaed by the DA to participate in the trial. You can contact the DA's office to discuss your options, preferably via counsel. More details are necessary to provide a professional... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: How many days before a trial does my ex have to produce his witness and subpoena list

It is an all day trial an did not know he was bringing witnesses

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

The judge typically provides those deadlines via court orders well in advance of the trial, e.g., at the pre-trial conference. 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... View More

1 Answer | Asked in Criminal Law and Sexual Harassment for New York on
Q: I was molested as a child im 29 now is there anything i can do about the person who molested me after all theas years
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

See: http://www.ncsl.org/research/human-services/state-civil-statutes-of-limitations-in-child-sexua.aspx. Apart from statutes of limitations in such issues, evidence is particularly tricky after such a long time, particularly in sex abuse cases. Also see:... View More

1 Answer | Asked in Intellectual Property for New York on
Q: can card game ideas be patented?

I want to make a card game and want to sell in Amazon.com.

However, I would like to know if any of the card game ideas sold on the market are the same as the ideas that I would like to produce, so I would like to know if there is any copyright or legal problem.

PS: The package... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

You may need to first consider whether you need a copyright, patent, and/or trademark, as a card game can conceivably involve different types of intellectual property rights. It's crucial to ensure you've done your research on similar products to determine whether you are violating any... View More

1 Answer | Asked in Business Law and Construction Law for New York on
Q: You dream it, we build it Can I use this for my construction company as a slogan?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

Assuming you don't violate any Intellectual Property rights if others have copyrighted this phrase, and assuming you don't falsely advertise your services and note clearly in contracts and on your website that this slogan is not a literal promise, it might be a useful slogan. More details... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: Ex wife hasn't paid child custody & maintenance last 2 mos. Can I file contempt myself without lawyer successfully?

I am custodial parent dad with "final say" She pays child support & maintenance hasn't paid last 2 months without any notice or real explanation and paid late in November owes $4500 short. found out she is in Asia now for 3 weeks on vacation no notice. Next payment due Feb 1st.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

Nobody can offer you predictions. Have you considered hiring a lawyer via limited scope representation? If that too is not affordable, then you may want to spend ample time at your local law library researching how to proceed with your action. The NY Courts website also has some forms and self help... View More

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: How does my husband go about getting a pro bono appeals lawyer?

He had taken a plea and was sentenced this past November. His plea was 63-78 and was given 96 months. He filed for an appeal and now I feel we're at a roadblock because Im not sure what his next move is. His lawyer has barely communicated since sentencing. He's still in holding in MDC... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

You can search the internet or contact the NYC Bar Assoc for referrals to legal aid organizations and criminal justice innocence projects that offer criminal defense appeals work. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

1 Answer | Asked in Juvenile Law for New York on
Q: What if a 17 year old threatens a 15 year old at school and the school does nothing?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

The 15 year old child (or the parents thereof) can report the matter to the police as assault (i.e., threat of battery), and the parents can file a complaint against the school. The parents of the 17 year old might also be sued for civil assault for the torts of their minor child. More details are... View More

1 Answer | Asked in Constitutional Law for Massachusetts on
Q: Am I obligated to return it or at any risk of any legal actions being taken against me?

I had given my bank account information to someone to make payments into it for my personal use. By free will, they deposited money and I made purchase with it. They later contacted me demanding the money back and threatened to report my bank account for fraud, and said they'd have me arrested... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

You describe the money as a gift. Were there conditions to which you agreed in exchange for the funds? 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... View More

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: My neighbors dog keeps doing his duty on my lawn even though I've asked him not to. What can I do?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

Perhaps a cease and desist letter from a lawyer may be the best first step, otherwise you might consider suing for trespass though that may be drastic. Have you considered a fence? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

1 Answer | Asked in Business Formation and Business Law for Massachusetts on
Q: We need to set up an LLC for our business. What type of lawyer do we use for that? What is the average cost to do so?

Small family-owned business. Sales of $750,000 in 2018.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

A business lawyer such as myself handles such issues as business formation, but it's key to also consider having a lawyer draft crucial contracts that you may need in dealing with employees and other 3rd parties, review your business for compliance with related laws, consider Intellectual... View More

1 Answer | Asked in Real Estate Law and Small Claims for Massachusetts on
Q: Can I get my neighbor to pay for damages to my basement due to his water heater leaking?

In August, my basement was flooded for two days due to water pouring in from the adjacent townhouse. I filed a claim with my home owner's insurance and the master policy. Two different assessors reviewed the water damage. The one representing the master policy went next door, but my neighbor... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

You may be able to sue the neighbor for negligence and/or trespass in small claims court. See: https://www.mass.gov/small-claims. 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... View More

1 Answer | Asked in Contracts for Massachusetts on
Q: Signed contract is dated a year out 11/19 for an agreement today 1/19. Is it valid? Or may we cancel with no violations?

Wedding planner contract where she is not satisfying conditions and we have located venues and negotiation amounts. The contract was signed on the day of 11/2018 but contract has a date of 11/2019. May we drop the planner with no cancel fees, since contract is not binding do to that date error? Or... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

If she is not performing the duties under the contract, that might qualify as breach of contract. It's key to have a lawyer review the contract. 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... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Does an employer have a right to terminated your employer due to unsatisfactory work performance and gender?

I feel my supervisor and director did not treat me fairly and consistent like other employees in the department. My employment terminated due to my writing. I obtained writing memos and documents from co-workers to explain my case. I have done some research and found there have only been two male... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

It's illegal to discriminate based on gender, but I'm not sure I hear evidence relating to that in your question. 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... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Can a Landlord charge one price for parking in the parking garage and extra if you want a designated spot?

I have lived in my apartment for 4 years in April. As of this latest lease starting in May 2018, it was agreed that we would begin to pay for parking in the parking garage on site, $25/vehicle. Before agreeing to the additional charge, my boyfriend asked if it was possible to dedicate these 2... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

I don't see a problem with offering that additional service, so long as it doesn't violate any possible contractual right you might have to park your car in an available space for $25/mo assuming you were told you would definitely be provided a spot (though not a dedicated spot). More... View More

1 Answer | Asked in Child Support for Massachusetts on
Q: I filed for contempt on my daughters’ father for non payment oc child support. What will happen at this hearing?

My daughters’ father owes $34,000 in arrears plus and additional $24,000 in interest. For the entire 2018, he has only fulfilled his monthly obligation once, mostly only making 1-2 payments a month. Arrears continue to increase. I filed contempt and he was served on12/14..after this date, he... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

Are you represented by counsel? That's a good idea to be. Nobody can offer you predictions, but you and the opposing party will be asked to plead your case and submit evidence re: contempt. Intention is also a key element, be forewarned. More details are necessary to provide a professional... View More

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