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Questions Answered by Ali Shahrestani,
Q: Appeal was reversed and remanded with Direction, lower court conditionally reversed and remanded. What does this mean?

Yes I've appeal my case and appeals court said the Supreme Court reversed and remanded it with directions. Ventura County Superior Court says it was conditionally reversed and remanded. Doesn't Supreme Court overrule Superior Court because as of January 4th 2019 they convicted me of the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2019

Who's representing you on appeal, the DA's office? If so, they should inform you about the status of your case. If the appeals court reversed and remanded the decision with instructions to the lower court, that means they reversed the lower court's appealed decision, sent the case... View More

2 Answers | Asked in Criminal Law for California on
Q: Is it illegal for me to drive on public roads if I have police lights and sirens
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2019

A non-LEO (Law enforcement officer) can't use police lights and/or police sirens on their car on public streets. 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... View More

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2 Answers | Asked in Civil Litigation, Criminal Law and Constitutional Law for California on
Q: What to do with neighbor playing loud music?

So I live in a mobile home park with four others living with me and during last summer my neighbor’s, which we have no problem with, her son moved in with his daughter, I heard that they came somewhere from Texas, and ever since then she, the granddaughter (in high school), has been playing loud... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2019

The landlord should promptly put an end to this. If the landlord doesn't make this unreasonable noise disturbance end, you may have a case against the landlord for breach of contract and related damages, and you may have a valid basis to terminate the lease and move out. More details are... View More

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3 Answers | Asked in Divorce for California on
Q: together 16 years legally married 9 kids, own home What am I entitled to He says nothing because I’m a homemaker

He didn’t want me to work, I stayed home and raised 2 kids.

Did all the repairs personally, always logged what I spent on house and kids.

Now he says that I’m not entitled to anything because I don’t work

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2019

See: http://www.courts.ca.gov/1039.htm

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...
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2 Answers | Asked in Employment Law, Appeals / Appellate Law and Civil Litigation for New York on
Q: Must a NY State Supreme Court Decision and Order include the "papers read" on the cover or somewhere in the text?

In a Decision and Order in an Article 78 case, the court granted respondent's Cross-Motion to Dismiss my Petition for failure to state a cause of action and, apparently sua sponte effectively converting the Cross-Motion into a motion for summary judgment, denied the Petition, as well, without... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2019

CPLR 2219: "

(a) Time and form of order determining motion, generally.  An order determining a motion relating to a provisional remedy shall be made within twenty days, and an order determining any other motion shall be made within sixty days, after the motion is submitted for...
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1 Answer | Asked in Child Custody, Child Support and Divorce for Washington on
Q: What documents will i need to take to the court house to start the divorce process

Hello, I am trying to file for a divorce in Washington state, I am trying to do this on my own, i was wondering what documents I would need. I have the summons, Petition for Divorce and Agreement to Join Petition (Joinder) documents that my ex signed already. I am trying to expiate the beginning... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 10, 2019

Have you researched the process at your local law library and online via the WA state court's website? Those are great places to start when representing yourself in a divorce and seeking forms and guidance. Have you considered limited scope representation as a more affordable way to hire a... View More

1 Answer | Asked in Criminal Law for Washington on
Q: My brother and I live with our father (adult aged). I came home to find that he took my furniture and sold it. Legal?

He made a previous threats to do this.

The furniture was purchased by me.

It was located in my room, as we have separate rooms.

He did not have permission to use or sell my belongings.

Is this theft allowing me to press charges?

Took place in Washington State.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 10, 2019

You may be able to sue for damages for the conversion of personal property, trespass, and breach of any tenancy agreement. Moving out may be worth considering. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Child Custody, Child Support and Civil Rights for Washington on
Q: How do I get power of attorney back after signing it to my mom
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 10, 2019

Have a lawyer review the Power of Attorney document you signed to determine how to properly rescind that POA. 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 Libel & Slander for Washington on
Q: If a company I worked for said I did something which resulted in me and daughter being attacked is that slander

The employee plead guilty to a felony and the company admitted that they lied about having me on video to a family member.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 10, 2019

How were you attacked? What kind of felony? The company lied about what? What kind of slander did you suffer? 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 Family Law, Real Estate Law, Civil Litigation and Elder Law for Washington on
Q: We moved to my mothers farm. She was going to deed it to us so we could put a house on it and she live with us.

I am in Urgent NEED of an attorney. I'm 64 and my husband is 66. We live on a farm my mother owns and have since 2012.

My 97 year old mother owns the property. She has not lived her for 25 years. She asked us to come here after my brother died to care for the place. She was going to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 10, 2019

There are various issues that need to be reviewed, including whether your eviction was unlawful, whether you have any legal rights to payment for your services, whether there was any legal basis for the restraining order, and whether you are facing any criminal charges for alleged violation of said... View More

1 Answer | Asked in Divorce and Family Law for Washington on
Q: I am currently unemployed, how can I eliminate or modify the alimony (maintenance) I currently owe my ex?

I was employed for 34 years, currently unemployed. The maintenance had been set at a flat $600 /month (order was held open) ,

Split custody but children always lived with me, full time (5 kids), ex never helped with any expenses (medical, food clothes etc). I was advised to retain a lawyer... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 10, 2019

You may acquire self-help forms and books at your local law library as well as self-help forms and guidance on the court's public website. See: https://www.courts.wa.gov/forms/

More details are necessary to provide a professional analysis of your issue. The best first step is an...
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1 Answer | Asked in Real Estate Law for Washington on
Q: We purchased property and the seller did not disclosed existing water

We recently purchased property with an approved septic design and found out after that the seller had not disclosed an existing artisan well to us or to the septic designer and that a third party has water rights to it, what recourse do we have?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 10, 2019

You may have rights to sue the seller for failure to disclose the well if required under the escrow agreement and if the water well was never properly recorded in town records making futile any due diligence efforts for you to discover it. The third party's easement should be reviewed as well... View More

1 Answer | Asked in Small Claims for Washington on
Q: I was selling a bike to a friend for 3500. She made payments up to 1500 and stop making payments. Do I pay it back?

She said she would make payments after holidays and never did. Asked if she still wanted mortocyle she never responded. So I sold the bike. It's been a year and she is now asking for bike or money back. Do I have to pay her back?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 10, 2019

I don't see any legal basis to hold onto the entire amount of the $1500 since you sold the bike. Did you have any contract that discussed failure to continue making consistent payments? Typically, where there are installment payments, the buyer takes possession of the item up front. Since no... View More

1 Answer | Asked in Family Law for Washington on
Q: The following passage in quotes is part of my final parenting-"Both parents may attend the children's educational and

extracurricular activities and volunteer and participate as appropriate for parents and shall not have contact with one another at those events". How is the word "contact" defined here? Physical contact? verbal contact? visual contact?

Thank you for your clear response.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 10, 2019

It sounds like "contact" would be reasonably defined as all forms of contact, be it physical, verbal, visual, and so on. That type of clause is typically included where parents are high conflict, so to be safe you might want to avoid all types of contact. It'd be a good idea to have... View More

1 Answer | Asked in Divorce for California on
Q: Can I file an appeal after I get the judgement of dissolution or notice of Entry of judgment

I was told by my she she would drop it. We have been through this before and that was the case. I am dyslexic and she and used it to her advantage

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2019

There are very short deadlines for appeals. See: http://www.courts.ca.gov/12428.htm

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,...
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2 Answers | Asked in Real Estate Law for California on
Q: I bought a property with a known encroachment. About 10' corner of my bldg hangs over their property line.

I decided to demo the piece off their side. County permit says get permission from the neighbor to access his land to demo. Neighbor not only says no access but the offending corner belongs to him! He purchased after me at tax sale

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2019

Looks like you may need to negotiate or litigate a resolution as soon as possible to clarify the rights to the disputed section of property, as this may affect the legal rights and value of both properties. More details are necessary to provide a professional analysis of your issue. The best first... View More

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2 Answers | Asked in Animal / Dog Law for California on
Q: If i was gifted a dog but the former owner wants it back and is threatening on calling the cops and I'm refusing??

Is that a crime? Do i have to give him back? I've taken him to the clinic, feed him and taking care of him.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2019

Were you actually gifted the dog, or did you simply agree to dog-sit for a specified period of time? What kind of evidence do you have? 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... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for California on
Q: What are consequences for the victim?

Hello my question is what are the consequences for the victim if she refuses to testify in court? Also what are the consequences if spoken and seen the defendant if there is a no contact order in place?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2019

Is there a subpoena requiring the victim to testify? If so, violating a court order may be grounds for a contempt order. As for the no-contact order, it depends on the facts. Was the no-contact order issued to you for someone else's protection? More details are necessary to provide a... View More

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1 Answer | Asked in Employment Law for Massachusetts on
Q: Is it illegal for a union to verbally threaten you before voting for a new contract?

Sean O'brien The president of Local Union 25 told me and 40 of my coworkers that if we can not agree to the contract then we as a union could drop you. Then what will you do for work after?

Also Signature Flight Support sent me a letter stating as you know Teamster Local 25 has no more... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2019

Have a lawyer review the contract you originally signed with the union to represent you, along with the context and communications re: the current contract to determine your rights and duties. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Ex wants almost $13000 or says he will take the dogs and possibly sell them. Registered to me paid for and AKC to him

We lived together for two years in my home. During that time he did work around the house such as adding a fence and adding to a heating system. He also paid for several trips. He lives somewhere where he cannot have pets. Says dogs can stay with me as long as I sign an agreement to pay him half... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2019

Were you married? If not, then his payment for trips and home improvements on your home may be considered gifts, unless there were explicit loan agreements between you regarding these expenditures. As for the ownership of the dogs, were they gifts to you? Why are they registered in your name? More... View More

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