While the nephew's actions may be meddlesome, he really won't have the legal authority to do anything too destructive. As executor and successor trustee, you should notify all entities that you hold those positions, and thus, are the only person legally authorized to make decisions or... View More

Work furlough is a type of alternate sentencing, like house arrest. In order to be subject to work furlough, you do in fact have to be employed. Many counties no longer offer work furlough, because of the amount of man hours needed to monitor and run it effectively.

I cannot answer this question without knowing what type of case you had. If it was a case without an attorney's fee provision, the attorney should only be entitled to recover his contracted contingency from the result. For example, if the case settled for $100,000, and the attorney did it... View More

Because the case was filed in California, the case cannot be moved to another court or jurisdiction just because one of the original parties moved. The case will continue as is, and person who moved will either have to travel as necessary, or settle the case.

Are you talking about a Case Management Statement. If you need an extension to file that document, you should contact the opposing party and see if he/she will stipulate to continue the Case Management Conference (which in turn continues the time to file a Case Management Statement). If he/whe... View More

If you are the Plaintiff, you would have to make yourself available for a deposition within 75 miles of the courthouse where the action is filed. If you are a Defendant or a witness, you would not. A written deposition is used if the person who wants to take the deposition agrees to do so. It is... View More

An attorney specializing in employment/labor law would be equipped to handle such claims. Whether an attorney will take the case (at all) or on a contingency fee or retainer/hourly depends both on the type and value of the case, as well as the client.

The EDD places certain qualifying criterea on people seeking unemployment. An individual who files for unemployment insurance benefits in California must meet specific eligibility requirements before benefits can be paid. Individuals must:

1. Have received enough wages during the base... View More

If the person made the slanderous statement within the scope of his employment, you would be unable to sue that person. If, however, the slanderous statement was outside the scope of his employment, you could sue him individually if that statement was published (ie, written or spoken to a third... View More

If a civil complaint is beyond the applicable statute of limitations, and there are no exceptions to getting around the statute of limitations (incapacity, military, etc.) then there would be no reason to file an untimely civil complaint.

There are only two scenarios that keep an estate out of Probate. One, if there is a valid Living Trust, and two, if the estate is small enough to enable it to be admisistered via an affidavit of small estate. Such an estate would require less than $100,000 in value.

Some professions, such as physicians, have to form "professional corporations", which once set up, offer the same protections as a standard S-Corp or C-Corp. If you would like assistance forming a professional corporation for your business, please contact me at (714) 542-5100 or glen@duvel-law.com.

Both a corporation and LLC provide the same basic benefits, most notably the protection of your individual assets from your business assets in the event of a lawsuit. As to which is better, there are many differences. Perhaps the most meaningful difference for a home business is ease of use. In... View More

Part of the issue is whether or not the alleged tampered email resulted in any negative action towards you. Were you written up, demoted, terminated, etc.? If so, if you can prove that said action was a direct result of the email, you could have a possible retaliation case.

If no personal miles were used, you are not obligated to pay any such fee. If you are required to use a company vehicle as part of your job, depending on your circumstance, it is debateable if you are required to pay any fee for any miles at all. I would like to know what constitutes... View More

An "allegation" is typically made in the Complaint itself, and is able to be made upon "information and belief", meaning that the complainant has reasonable information to believe the allegation as being true. It does not have be to affirmed under oath, there just has to be a... View More

When answering an interrogatory, first state an objection if one exists. State in full the objection. If answering the interrogatory, the answer must be as precise as necessary to answer the interrogatory. If the interrogatory contains sub-parts, you must similarly answer each of the sub-parts.... View More

Technically you could, but you may as well wait until you are actually served with the Complaint. If you file a demurrer, you are required to file a first appearance filing fee, which is now $400. So, you may as well save your filing fee to you are actually served and you know he is proceeding... View More

You obviously know about it now. Contact the other side and inform them you never got it and ensure they have your address correct on their proof of service. If the result of the pleading resulting in some consequence adverse to your case, then you can file a motion with the court stating you... View More

If you are asking how much to retain an attorney to defend you in the lawsuit, which would include doing a demurrer or motion to strike, the retainers would vary depending on the type of case, usually starting around $5000 +/-, with an hourly rate thereafter. If you are inquiring about just the... View More