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Questions Answered by Robert Kane
2 Answers | Asked in Contracts and Civil Litigation for California on
Q: Am I liable for a loan from a check labeled "loan" without agreed terms?

I received a check labeled as a "loan" from an individual, but we never agreed on any specific repayment terms or schedule beforehand. Despite the lack of agreement, he has been harassing me and threatening legal action, which led me to make a $500 payment. I have told him that I can pay... View More

Robert Kane
Robert Kane
answered on Jun 21, 2025

A judge would ultimately decide if it was a loan or a gift. Your description here seems to show it was a loan. If the specific terms and conditions aren't written down, a judge would likely apply a reasonable interest rate and maybe a payment plan. I suggest you work something out before the... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: How to find pro bono contested divorce help in Roseville, CA?

I am seeking a pro bono attorney for a contested divorce in the Roseville, CA area. I am currently unemployed and unable to afford legal fees. I have reached out to Stand Up Place, but they cannot offer full legal representation. I have an upcoming court hearing on July 8, 2025, and urgently need... View More

Robert Kane
Robert Kane
answered on Jun 19, 2025

You are not alone. Millions of Californians seek free legal representation. Many in worse situations than yours. There are agencies like Legal Aid, but their funding simply cannot provide legal representation for everyone in need. Attorneys do strive to provide pro bono services more than most... View More

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3 Answers | Asked in Medical Malpractice, Consumer Law and Personal Injury for California on
Q: What tort statutes apply for fraud in misrepresenting health status in California?

In a California civil case, what tort statutes apply when a doctor commits actual fraud by knowingly misrepresenting a patient's health status as terminal, resulting in damages?

Robert Kane
Robert Kane
answered on Jun 9, 2025

Why would a doctor knowingly misrepresent a patient's health status as terminal? Would this be insurance or Medicare fraud? If yes, it is unlikely the patient would have a viable case since the patient's actual damages would be relatively minimal compared to the insurance provider or... View More

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3 Answers | Asked in Family Law and Civil Litigation for California on
Q: Finding an attorney to review and file motions to compel production in family law in California?

I am involved in a family law case and I'm currently self-represented in the midst of discovery. I am encountering issues with production and need to file multiple motions to compel further production. I'm looking for an attorney in California who can review these drafts and file the... View More

Robert Kane
Robert Kane
answered on Jun 3, 2025

Unfortunately, I don't know of a specific resource that can provide you a list of lawyers. You should start with the California State Bar and the your County's Bar Association. Although, a local attorney may not be necessary.

Limited-scope representation is when you and a lawyer...
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3 Answers | Asked in Divorce, Arbitration / Mediation Law, Real Estate Law and Family Law for Minnesota on
Q: Can I request judicial help for spouse-neglected mortgage payments during a divorce?

I'm currently going through a divorce with mediation ordered by the judge. My spouse and I both have our names on the mortgage, but my spouse has begun to neglect the payments. The shared debt includes plans to sell the home. Is there something I can request from the judge that will help me... View More

Robert Kane
Robert Kane
answered on Jun 2, 2025

Yes. You can request judicial help (temporary order) for spouse-neglected mortgage payments during a divorce. Spouses have a fiduciary duty to act in the best interest of the other spouse regarding assets during the divorce process. Of course, your specific circumstances will dictate what you... View More

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3 Answers | Asked in Domestic Violence and Gov & Administrative Law for California on
Q: Will the mental health diversion program lift the protective order in a domestic abuse case?

My partner was offered a mental health diversion program for our domestic abuse case, and the court issued a protective order against him to protect me. I don’t want the protective order anymore. If he agrees to the mental health diversion program, will the protective order be lifted? How long... View More

Robert Kane
Robert Kane
answered on May 30, 2025

No. The mental health diversion program will not lift the protective order in a domestic abuse case. The fact a defendant has decided to accept a diversion program doesn't mean he is any less of a threat. An alcoholic can decide to go to A.A. meetings or treatment.

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2 Answers | Asked in Divorce, Business Law, Real Estate Law and Family Law for California on
Q: How can I manage divorce and asset division without an attorney in CA?

I am wanting to file for divorce but cannot afford an attorney to look over the paperwork. My husband has been out of work for about three years, and I am paying for everything on my own, barely managing to cover food and gas. We have been married for 9 ½ years and have no children together. We... View More

Robert Kane
Robert Kane
answered on May 23, 2025

You will need to devote a substantial amount of time and effort to manage the divorce and asset division without an attorney in CA. You need to decide how to best allocate your resources.

https://selfhelp.courts.ca.gov/divorce-california

You can get the help of a limited-scope...
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2 Answers | Asked in Business Formation, Trademark, Business Law and Intellectual Property for Minnesota on
Q: Help with registering a logo and resolving company name use conflict.

I have already registered my LLC and have a logo and company name designed. I discovered that while my logo is unique, the company name is already in use by another entity. What steps should I take to register my logo and resolve the issues with my company name? What legal challenges could this... View More

Robert Kane
Robert Kane
answered on Apr 30, 2025

JA's AI response is actually appropriate since only a very general response can be given on a free online Q and A. Your logo and your name would need to be known to properly advise you. If your logo is a yellow "M" and your name is McDonald's Burgers, LLC you have problems. If... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Can an ex-boyfriend's refusal to leave after invitation revocation be trespassing?

If you invited your ex-boyfriend into your home but later revoked the invitation and asked him to leave, he refused and became aggressive, leading to a physical altercation where I used pepper spray in self-defense. Law enforcement responded to a 911 call and arrested me for domestic violence.... View More

Robert Kane
Robert Kane
answered on Apr 27, 2025

Yes. An ex-boyfriend's refusal to leave after invitation revocation can be trespassing. This doesn't mean you can just bear-mace him. You didn't mention why you asked him to leave. The police and prosecutor have determined you broke the law. You will need to convince the jury otherwise.

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2 Answers | Asked in Divorce, Business Law and Family Law for Minnesota on
Q: How can I protect myself financially in a divorce in Minnesota?

I would like to pursue a simple divorce, but my husband and his father, who is an attorney, both value money greatly, and I am concerned about protecting myself. My name is on the title to our house, but my husband pays the mortgage. I am worried because my husband does not want to discuss divorce... View More

Robert Kane
Robert Kane
answered on Apr 27, 2025

To begin, you can familiarize yourself with the law and process by visiting the Minnesota Judicial Branch's website. See below.

Then you can start calling attorneys to find one you are comfortable with helping you through the process. Once you are represented you won't need to...
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2 Answers | Asked in Animal / Dog Law, Divorce and Family Law for Minnesota on
Q: What Minnesota statutes address pet ownership and visitation rights in divorce?

In our Minnesota divorce, my husband bought our shepherd dog during the marriage, and he considers the dog his, which was acknowledged during the marriage. However, I chipped the dog in my name and paid for all vet bills. Recently, the husband stopped honoring our agreed visitation schedule,... View More

Robert Kane
Robert Kane
answered on Apr 26, 2025

Minnesota law classifies your pets as property. There are no statutes that specifically address pets and visitation rights in a divorce. It seems your dog is material property. I am well aware this can be difficult, but a judge will not treat this like a child custody matter. If you want to go to... View More

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2 Answers | Asked in Divorce, Animal / Dog Law and Family Law for California on
Q: Can I claim my horse and plants in a California divorce without a prenup?

I am currently going through a divorce in California. There is no prenuptial agreement in place. During our marriage, my spouse and I acquired two horses—one for each of us. My spouse is now refusing to let me take my horse and my plants, which I consider mine. Can I claim these items as mine... View More

Robert Kane
Robert Kane
answered on Apr 25, 2025

It seems each of you getting a horse would be a fair distribution, but you can't claim it.

Generally, this is what either of you earned (or debt you took out) after you married, but before you separated. The “community” is you and your spouse. The property belongs to you both...
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2 Answers | Asked in Divorce, Business Law and Family Law for California on
Q: Can the wife keep the primary home in a California divorce with specified assets division?

In a divorce with no children and no prenuptial agreements, is it possible for the wife to keep the primary home valued at $850,000 with a mortgage balance of $292,000, if the husband keeps a rental property valued at $260,000 with a mortgage balance of $35,000, another property valued at $275,000... View More

Robert Kane
Robert Kane
answered on Apr 14, 2025

Yes, is it possible for the wife to keep the primary home valued at $850,000 with a mortgage balance of $292,000, if the husband keeps a rental property valued at $260,000 with a mortgage balance of $35,000, another property valued at $275,000 with a mortgage balance of $75,000, and a 401K worth... View More

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3 Answers | Asked in Legal Malpractice for California on
Q: Can a lawyer sue for filing an ethics complaint in California?

I am considering filing an ethics complaint against a lawyer with the California State Bar Association. I have no prior agreements or contracts with this lawyer and I haven't filed the complaint yet. Can this lawyer sue me for filing the complaint?

Robert Kane
Robert Kane
answered on Apr 13, 2025

This may or may not be applicable.

6043.5. (a) Every person who reports to the State Bar or causes a complaint to be filed with the State Bar that an attorney has engaged in professional misconduct, knowing the report or complaint to be false and malicious, is guilty of a misdemeanor.

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3 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for Minnesota on
Q: Seeking divorce advice with custody and property issues in MN.

I want to divorce my partner, but I don't have any money saved up. We have two children; one is an adult, and I'm seeking custody of the younger child. We have property and other assets, which are in my partner's name only. I'm currently living in our marital home and would like... View More

Robert Kane
Robert Kane
answered on Apr 12, 2025

Here is an excellent place to become familiar with the process and some resources. https://www.mncourts.gov/Help-Topics/Divorce.aspx. Some attorneys are willing to work with you as far as payment plans. There is a possibility your partner may be responsible for some or all of your attorney's... View More

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3 Answers | Asked in Contracts, Probate and Civil Litigation for Minnesota on
Q: Is an unrecorded contract for deed valid if the owner passed away?

I entered into an unrecorded contract for deed 10 months ago with my neighbor, who has since passed away. I've made payments according to the contract terms and have had contact with the estate's representatives. There is a written agreement, and I've requested documentation from the... View More

Robert Kane
Robert Kane
answered on Apr 9, 2025

The contract may be valid and enforceable. There are, however, an infinite number of things that may prevent the contract from running its course. Without reading the specific language and knowing the circumstances it is impossible to determine what may happen. If a family member were to post a... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: Falsely accused of trespassing at a shelter, what are my options?

I was falsely accused of trespassing and discriminated against by a staff member at a homeless shelter. The staff called the police on me, and I was threatened with jail time by both the staff and police, even though I didn't sign any documents or have my side of the story heard. There were... View More

Robert Kane
Robert Kane
answered on Apr 9, 2025

You don't mention why you believe you had authority to be there. A shelter is certainly not a facility where just anyone can walk in. Any establishment can prohibit any one from entering its property. Feel free to contact some discrimination attorneys. I am not a discrimination attorney.

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2 Answers | Asked in Child Custody and Family Law for Minnesota on
Q: Concern about mother regaining custody despite long absence and past issues.

My 14-year-old son recently contacted his mother via email, whom he hasn't seen in almost 10 years due to the mother's choices. My son lives solely with me, his father, and our family. I have 100% physical custody and share 50% legal custody with the mother, who did not show up for her... View More

Robert Kane
Robert Kane
answered on Apr 5, 2025

You certainly have valid concerns. You will have to forgive me, but an online Q and A isn't an opportunity for an attorney to go into any detail in what may be right for your son. You can certainly try to address the situation before the courts or social services get involved. Perhaps a... View More

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3 Answers | Asked in Divorce, Family Law and Contracts for Minnesota on
Q: Divorce: Can ex-spouse live in house and still split bills in MN?

I live in Minnesota, and my wife wants a divorce but wishes to continue living in our house, also wanting to split all the bills as we do now. I currently pay for all the bills, while she saves her income in her bank account. Once our kids move out, do we continue splitting everything?... View More

Robert Kane
Robert Kane
answered on Apr 3, 2025

Each of you have an obligation to maintain the marital property. The obligations of each spouse after the divorce is final will be set forth in the judge or agreement if properly draft. Child support obligations are distinct from the marital property issues. You are commingling different issues... View More

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2 Answers | Asked in Contracts and Business Law for Minnesota on
Q: Am I responsible for paying resignation fees not stated in the contract?

I am the Creative Director and Vice President at a 509(a)(2) charity foundation in Minnesota. My contract was for 4 years, stating that it may be terminated by providing written and verbal notice to the organization’s president at least 60 days before the term's expiration. I have provided... View More

Robert Kane
Robert Kane
answered on Mar 18, 2025

It is very unlikely you are responsible for paying resignation fees not stated in the contract, the bylaws or otherwise. In your previous post, you only mentioned you were a board member. As the Creative Director, you would also be an employee. Therefore, it would be necessary to consider both... View More

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