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Questions Answered by Glen D. Duvel
1 Answer | Asked in Personal Injury for California on
Q: Personal injury on a commercial propertyleased to a tenant. who is responsible tenant / landlord or both
Glen D. Duvel
Glen D. Duvel answered on Jan 18, 2011

It depends on what the cause for the injury was. If the injury was sustained because of some improper upkeep of the premises, or a building code violation or other similar structural defect, than it would be the landlord. If the tenant, however, specifically altered the premises without the... Read more »

1 Answer | Asked in Employment Law for California on
Q: Wrongful termination, anyone ever win a case base on code of business conduct and ethics
Glen D. Duvel
Glen D. Duvel answered on Jan 18, 2011

In order to recover for wrongful termination, you have to have been terminated for an unlawful reason, ie, sex, race, gender, or violation of public policy. There are several public policies which are actionable, however, a general business conduct or ethical deviance typically does not in and of... Read more »

2 Answers | Asked in Employment Law for California on
Q: If there is not a recovery from a lawsuit, can defense counsel recover costs
Glen D. Duvel
Glen D. Duvel answered on Jan 18, 2011

Yes, if you as the plaintiff did not recover any monies, then the defense "won" with its defense (zero) verdict. The prevailing party is entitled to recover certain costs attendant to the litigation, including filing fees, court reporter fees for depositions and for trial, and other costs. Had... Read more »

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1 Answer | Asked in Employment Law for California on
Q: What happens to my dads informations if he use to work forthis company.and what happen to hes 4 1 k
Glen D. Duvel
Glen D. Duvel answered on Jan 18, 2011

When you say your dad's "information", are you referring to private and confidential information? All such information should remain protected. As for the 401K plan, your dad should contact a new broker and roll the old 401K into a new plan not managed by his employer's old broker.

2 Answers | Asked in Employment Law for California on
Q: Does 28:1441 Notice of Removal - Labor/Mgmnt. Relations in a class action lawsuit mean the case was dropped?

There was a class action lawsuit against my work for unpaid wages and I am to benefit if a settlement was reached but the cause of action states 28:1441 Notice of Removal - Labor/Mgmnt. Relations. And I am not sure what this means

Glen D. Duvel
Glen D. Duvel answered on Jan 18, 2011

It means the case was originally filed in State Court and the Defendant removed (changed courts) to Federal Court. Many times in Class Actions, the corporate headquarters of the defendant is out of state. In such a situation, provided other parameters are also met, the defendant can remove the... Read more »

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1 Answer | Asked in Personal Injury for California on
Q: I was injured on campus of Los Angeles Harbor College and was told medical bills would be paid. None were. Can I sue?
Glen D. Duvel
Glen D. Duvel answered on Jan 12, 2011

If you were injured on campus, you could bring a lawsuit against the school to recover for your injuries and other damages, if any (ie, lost wages). If the school is not a private school, you will have to sue the city or state or whatever governmental agency is in charge of the school. Be aware... Read more »

1 Answer | Asked in Personal Injury for California on
Q: What kind of judgements can i receive if i intend to bring up a civil action against another person?
Glen D. Duvel
Glen D. Duvel answered on Jan 11, 2011

It depends upon what you are suing the other person for. If you are suing for money damages due to a breach of contract or a physical injury, you can receive a money judgement. In some circumstance, if you are trying to get the other person to specifically perform whatever he agreed to do, you... Read more »

1 Answer | Asked in Employment Law for California on
Q: I have not been paid for job completed can i picket the site?
Glen D. Duvel
Glen D. Duvel answered on Jan 11, 2011

If you wish to picket the site, you can, so long as you do not unlawfully obstruct the daily operations of the business (blocking customers, deliveries, etc.) However, instead of picketing, why don't you either sue him for your unpaid wages or contact the Labor Board to assist you in collecting... Read more »

1 Answer | Asked in Employment Law for California on
Q: I am employed as a live-in horse trainer in Oakdale, California and have not been paid in 2 years.

My employer does have the assets to pay me but refuses- I need a lawyer!

Glen D. Duvel
Glen D. Duvel answered on Jan 11, 2011

Why have you worked for 2 years without demanding your wages due? If it is because you are working in exchange for free lodging, the law prescribes precisely how much money an employer can withhold for rent/lodging, depending on the size of the unit you reside in. In order for this law to apply,... Read more »

1 Answer | Asked in Employment Law for California on
Q: If my job is making me get a doctors note, and i don't have insurance can i hold them liable for my doctor bill in CA
Glen D. Duvel
Glen D. Duvel answered on Jan 11, 2011

In California, an employer is lawfully entitled to request a verification from your physician regarding your disability or medical condition to support your medical leave claim. The fact that you do not have health insurance does not obligate your employer to pay for your doctor's time to prepare... Read more »

1 Answer | Asked in Employment Law for California on
Q: I am 64 years old and an insurance agent. I have an insurance company saying I owe the $25,000 plus for a commission 200

2003 commission. I don't agree with this at all but they have turned it over to an attorneys office for collection. Is there a clinic or someway I can get advice ???

Glen D. Duvel
Glen D. Duvel answered on Jan 11, 2011

At first glance, the fact that the purported commission is from 2003 seems to make the action outside the statute of limitations. The statute of limitations is the time frame in which a lawsuit can be filed. The statute of limitations for a breach of written contract (assuming that is what this... Read more »

3 Answers | Asked in Personal Injury for California on
Q: Medical bills $18,500.00 my lawyer made a deal with hospital to pay $10,000.00. Lawyer kept the $8500.00 how do i sue

At the end of a Peronal injury suit my medical bills were $18,500.00 my lawyer only paid hospital $10,000.00 but subtracted the $18,500.00 from my settlement what do i have to do to get the $8500.00. Is there a statue of limatations this happind on july 30 2004 that same day this lawyer was placed... Read more »

Glen D. Duvel
Glen D. Duvel answered on Jan 3, 2011

First of all, the reduction of any medical bills should have been addressed in your retainer agreement. However, absent that, at best, I would think that the lawyer would be entitled to a percentage of any monies saved on your behalf. So, if he handled your case on a 33% contingency, then, at... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: What if the beneficiary is incarcerated can the state take the money
Glen D. Duvel
Glen D. Duvel answered on Jan 3, 2011

The beneficiary is entitled to the inheritance, and nobody else, including the State, can take the money. The incarcerated beneficiary's share of the inheritance should be held in Trust until he/she is no longer incarcerated. The estate's Executor or Successor Trustee has a duty to ensure the... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Is a police officer, who is off on 4850 time, entitled to uniform allowance for uniform upkeep and maintenance?
Glen D. Duvel
Glen D. Duvel answered on Jan 3, 2011

4850 time may vary from department to department, however, in California, if an employer requires that an employee wear a uniform, the employer must pay the cost of the uniform. Labor Code Section 2802, Industrial Welfare Commission Orders, Section 9. The term "uniform" includes wearing apparel... Read more »

1 Answer | Asked in Employment Law for California on
Q: Is there a time frame that you are covered u nder the ada act? For the employer to hold your job?
Glen D. Duvel
Glen D. Duvel answered on Jan 3, 2011

Your employer is not required to hold your job open if you cannot work due to disability. However, having said that, an employer similarly cannot terminate you solely based upon your disability. Also, your employer is required to engage in what is called the "interactive process" in an attempt to... Read more »

1 Answer | Asked in Personal Injury for California on
Q: Q: Can a judge continuosly delay (over nine times in 7 months)a trial date, affecting the well being of an injured party
Glen D. Duvel
Glen D. Duvel answered on Jan 3, 2011

The scenario you present seems quite unusual. A judge has discretion in allowing continuances to trial dates, but typically they strive towards getting the case tried rather than continued. However, there are factors which would cause the judge to continue the matter, like complexity of discovery... Read more »

1 Answer | Asked in Employment Law for California on
Q: Being force to walk/work in area where coyotes, etc roam free.I'm not provide with a vehicle,or proper light

My job requires me to go from area to another Im not provide a vehicle and

I not allowed to use my own vehicle.there is no proper lighting.is there any laws

that could force my Co. to provide safety equipment for this job?

Glen D. Duvel
Glen D. Duvel answered on Jan 3, 2011

I am not sure what the nature of your job is, or what your job duties are that require you to be in such an area, but your employer is required to provide reasonable means to ensure your safety. You should speak to Human Resources or a supervisor about your safety concerns, and request that a... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: What happend if you lost your job for a supervisor descrimination.
Glen D. Duvel
Glen D. Duvel answered on Jan 3, 2011

If you have been terminated because of a legally recognized discriminatory reason (race, sex, gender, disability, etc.) then you may have a wrongful termination in violation of public policy claim against your employer. Such a claim would entitle you to lost wages, emotional distress damages,... Read more »

1 Answer | Asked in Estate Planning for California on
Q: How can I look up my mothers will
Glen D. Duvel
Glen D. Duvel answered on Dec 28, 2010

Assuming your mother has passed away, it is public record and part of the probate docket in the court's probate file. You need to go to the Probate Court in the County where your mother resided, and look up "The Estate of 'Mother's Name'"

1 Answer | Asked in Employment Law and Contracts for California on
Q: I have worked under contract since 9/10/10 with out compensation. I work from home. BREACH OF CONTRact?
Glen D. Duvel
Glen D. Duvel answered on Dec 28, 2010

Your contract should specify exactly what your pay is, as well as how and when you are supposed to be paid. It would seem odd that your contract would state that you are to work for almost 4 months without getting paid. Regardless, in California, you are supposed to get payment of at least... Read more »

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