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Questions Answered by Glen D. Duvel
2 Answers | Asked in Estate Planning for California on
Q: I am the executor and trustee of mylate aunts' estate and music royalties. I have a nephew who trying to interfer.
Glen D. Duvel
Glen D. Duvel answered on Dec 22, 2010

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... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Can I get work furlough if I am unemployed
Glen D. Duvel
Glen D. Duvel answered on Dec 22, 2010

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.

1 Answer | Asked in Civil Litigation for California on
Q: How come an attorney was awarded 90% in feees and we were awarded 10% in damages
Glen D. Duvel
Glen D. Duvel answered on Dec 21, 2010

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... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: If you have filed a case filed in California one person moves to another state, could the case be transfered to that ST
Glen D. Duvel
Glen D. Duvel answered on Dec 21, 2010

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.

1 Answer | Asked in Civil Litigation for California on
Q: Form to answer a case management order what should I use to request a time extenstion?
Glen D. Duvel
Glen D. Duvel answered on Dec 21, 2010

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... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: Civil Action in California, live in Sweden, Notice of deposition to be deposed in California, can i be deposed written?
Glen D. Duvel
Glen D. Duvel answered on Dec 21, 2010

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... Read more »

2 Answers | Asked in Employment Law for California on
Q: 1) which legal specialization could address violations in administrave adjudication 2) tort-wilful neglig 3) privacy

Situation: Quit employer after receiving email from supervisor. Quit after discovering personnel documents were removed from file. I have been searching for an attorney have an consultant for In Pro Per would like to hire attorney, is this the retainer fee?

Glen D. Duvel
Glen D. Duvel answered on Dec 21, 2010

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.

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1 Answer | Asked in Employment Law for California on
Q: Our son has been on unemployment in California for a year. We live in Washington state and think he

Could find a job here. But, he is concerned he will loose his U/I benefits and be without income until he finds a job here. Is this true?

Glen D. Duvel
Glen D. Duvel answered on Dec 21, 2010

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...
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1 Answer | Asked in Gov & Administrative Law and Libel & Slander for California on
Q: Could I sue a federal employee for libel/ slander if that person published damaging information to third (non-fed party)
Glen D. Duvel
Glen D. Duvel answered on Dec 21, 2010

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... Read more »

1 Answer | Asked in Personal Injury for California on
Q: Reason to file an untimely civil complaint
Glen D. Duvel
Glen D. Duvel answered on Dec 21, 2010

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.

2 Answers | Asked in Estate Planning for California on
Q: When does an estate need probated?
Glen D. Duvel
Glen D. Duvel answered on Dec 21, 2010

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.

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1 Answer | Asked in Business Formation for California on
Q: Can an osteopath and mariage and family therapist form a corporation
Glen D. Duvel
Glen D. Duvel answered on Dec 19, 2010

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.

1 Answer | Asked in Business Formation for California on
Q: What's the better form of legal home business: a corporation or an LLC?
Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

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... Read more »

1 Answer | Asked in Employment Law for California on
Q: I suspect an email had the date tampered on an an email that was included in the forwarded mail. Is this a violation

My director forwarded a negative email to my personal file from one of my other supervisors

And i suspect at time of forwarding the email date was tampered to make the

Negative email appear as it was sent on may 10 instead of 17th. On the 17th i had gotten into an argument with... Read more »

Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

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.

1 Answer | Asked in Employment Law for California on
Q: Compny chrges $65 per paycheck for personl miles on a compny truck. Am I obligated to pay if no personl miles were used
Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

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... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: What is an allegation
Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

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... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: What are proper interrogatory responses?
Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

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.... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: Can I file a Demurrer to a Complaint before the COmplaint is Served?

Let say a Law firm filed a Complaint/Summons against me in the Local California Superior Court. However it has been over a month and the Lawyer has not served me because I have been constantly enganged with him Administratively and have asked him to Validate his Claim, whereby as yet he has not... Read more »

Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

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... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: What if the other party filed a pleading without notice me?

Is there any punishment to the other party? What if he show the delivery proof, but I never received it? Those liers should be punished by law

Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

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... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: I was recently served in a civil lawsuit what is the average rate to file a demurrer to complaint & motion to strike?

If you have additional details about your question fill them here

Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

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... Read more »

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