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California Questions & Answers
0 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: When a employer uses live scan in California do they see ALL criminal history or only the history less than 7 years old

This would not be for a Healthcare position only general labor. Do they still receive all criminal history but are not "supposed" to consider it if it's older than 7 years.

0 Answers | Asked in Family Law and Child Custody for California on
Q: Past the deadline to personally serve. Was only given two days to serve. I don’t know the other party’s physical address

I’m respondent. I requested continuance due to petitioner’s late service. I was granted continuance on 7/16, but fl309 shows that I have to serve her in person by 7/18 maybe because original

Court day was 7/22.

I’ve tried to set up meeting with petitioner arranged with my... View More

0 Answers | Asked in Consumer Law, Family Law and Personal Injury for California on
Q: Can a pro se communicate with the opposing party without their attorney's permission

I am representing myself against my employer, and I have a lot of support from former colleagues there, who are helping me out. My former employer's attorney threatened me with sanctions for communicating with them but Comment [3] to Rule 4.2 states that the rule "does not prohibit a... View More

0 Answers | Asked in Consumer Law for California on
Q: I have a friend i loaned 22,000 dollars in jan 2024 to be paid back in april 2024.

I have written agreement & audio, text proof also. All atempts to set up a payment plan have been ignored. Whats my next step?

0 Answers | Asked in Family Law for California on
Q: Our mediation agreement states no negative comments, no alcohol, no drugs, and if he or I need childcare for more than

Four hours during our visitation time the other parent gets asked first to come for my daughter. He chose the visitation time he received but he leaves her with his sister or mom every visit for over four hours. We got a custody order but He still has said many negative comments to her such as... View More

0 Answers | Asked in Medical Malpractice for California on
Q: Is it ethical to make a patient wait so long for treatment?

I have a medical condition which requires an infusion medication monthly to keep the condition in remission. Last time I got my infusion was toward the end of 2022. The dr office was busy and they said they’d call to schedule next infusion. They never called. Being it was holiday season I... View More

1 Answer | Asked in Immigration Law for California on
Q: I am a US citizen mother who recently availed of early retirement at the age of 63 but still working part-time.

I would like to know what form to use to

petition my unmarried daughter who is now 43y/o with her 2 minor children ages 14 and 12. Thank you!

James L. Arrasmith
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answered on Jul 18, 2024

To petition for your unmarried daughter and her two minor children, you will need to file Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). As a U.S. citizen, you can file separate I-130 petitions for each family member you wish to bring to the... View More

1 Answer | Asked in Real Estate Law for California on
Q: How can I add my significant other to my homes deed?

I would like to add my fiancé to the deed of my home. Do I need a special form to file?

James L. Arrasmith
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answered on Jul 18, 2024

To add your fiancé to the deed of your home in California, you need to prepare a new deed that reflects both your names as owners. The most common type of deed used for this purpose is a "grant deed" or a "quitclaim deed."

First, obtain a blank grant deed or quitclaim...
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2 Answers | Asked in Child Custody, Child Support and Divorce for California on
Q: Is it better to have a paralegal fill out the response paperwork to a mediation for child support and divorce?
Ken Sterling
Ken Sterling
answered on Jul 18, 2024

This is a good question and we are asked this often. The answer attorneys learned in law school, to nearly every question is, "it depends." There are advantages and disadvantages to having a paralegal fill out the response paperwork for child support and divorce mediation. Keep in mind,... View More

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2 Answers | Asked in Divorce for California on
Q: Is using seperate asset as collateral for a marital loan count as commingling?

Say I have $100,000 in a margin taxable brokerage account in a passive etf before marriage. After marriage, I decide to use my margin credit to fund our life and paying the loan back. The asset is never touched or mingled with the martial properties, only the debt.

In the event of a... View More

Ken Sterling
Ken Sterling
answered on Jul 18, 2024

California is a community property state, meaning that there is a presumption that all property acquired during the marriage, belongs to the marital economic community and is considered to be community property. The presumption is rebuttable, which means that the spouse who takes the position the... View More

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2 Answers | Asked in Civil Litigation, Collections, Foreclosure and Real Estate Law for California on
Q: I am a Creditor seeking foreclosure on a Los Angeles condo by a man who Fraudulently Transferred equity to his brother.

To avoid Writ of Execution to sell his Los Angeles Condo in 2005, the co-owner attempted to transfer his 1/2 equity to his brother for an alleged $431,975. No loan, and no loan documents ever existed, just the filing for a Trust Deed on the entire condo. I contend that the 7-year statute of... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 18, 2024

Thank you for your question!

If it was a fraudulent transfer, just to shield the property, you probably can reverse the transfer. The statute of limitation of the judicial foreclosure is 3 years unless it was in installments. There is a trust deed, so you may be able to do a non-judicial...
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1 Answer | Asked in Construction Law, Landlord - Tenant, Real Estate Law and Contracts for California on
Q: Mechanics Lien recorded by the tenant on the rental prop in escrow for work done in 2022 & prop is sold with surety bond

In June 2024, Tenant (T) recorded a Mechanics Lien (ML) on rental property in escrow that the Landlord (LL) was selling. T claimed that he got improvements done in Sept 2022 and spent $12,000. T did not give a copy of any contract for work, bills, or receipts for the money he claimed. For the ML,... View More

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answered on Jul 18, 2024

To address the situation, the first step for the landlord (LL) should be to ensure all procedures related to the surety bond and mailing the notice to the tenant (T) have been correctly followed as per California Civil Code 3144.5. Keeping detailed records of these actions is crucial in case of... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Can I refuse to verbal communication with my ex?

Can I refuse to verbally communicate with my ex? I personally only want to communicate through the talking parents app but he insist that part of our divorce settlement he wants to communicate through our personal cellular (text and phone calls). I don’t want to because throughout the marriage he... View More

James L. Arrasmith
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answered on Jul 18, 2024

Yes, you can request to communicate only through the Talking Parents app, especially if you have concerns about your well-being due to past abuse. The app is a legitimate way to keep records of communication, which can be beneficial for clarity and legal purposes.

If your divorce settlement...
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1 Answer | Asked in Car Accidents for California on
Q: Any recourse after auto accident?

I was rear-ended in my car. There is no police report, we exchanged insurance info and went our separate ways. We have the same insurance company. The body shop says it will be more than $10,000 to repair, and the insurance company is saying they will only settle for $5,000 because of the other... View More

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answered on Jul 18, 2024

Yes, you have some options under California law. Since the other driver is at fault, their insurance should cover your damages up to their policy limits. If their policy limit is insufficient to cover your repairs, you can seek compensation through small claims court for the remaining amount.... View More

1 Answer | Asked in Education Law for California on
Q: A university told me that they can only admit a limited number of mil per civilian in their programs due to a law? What?

I can't find what law this could be referring to, and to me it feels discriminatory as a veteran that they would close openings because I have served, even if I am plenty qualified for the program. Keep in mind this does not refer to online only programs, just hybrid or in person. However, it... View More

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answered on Jul 18, 2024

It's understandable to feel frustrated and confused about the university's policy limiting military veteran admissions. This situation may stem from certain institutional policies or interpretations of laws designed to manage enrollment and maintain a balance in student demographics.... View More

1 Answer | Asked in Products Liability, Consumer Law and Contracts for California on
Q: How can i sue a car dealership for not registering my vehicle? Its been almost 90days. Dealership told lies.
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answered on Jul 18, 2024

If a car dealership has failed to register your vehicle within 90 days, you have several options to address the issue. First, gather all relevant documents, including your purchase agreement, any correspondence with the dealership, and any receipts or proof of payments made for registration fees.... View More

1 Answer | Asked in Real Estate Law for California on
Q: After an HOA is dissolved, is management of the property required to be done by a third party? Or can it be done by the
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answered on Jul 18, 2024

Under California law, once a Homeowners Association (HOA) is dissolved, the management of the property does not have to be done by a third party. The property owners within the community can take on the responsibility themselves. This can involve forming a new group or committee to handle the... View More

1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: If my car was taken without leaving a ticket on it or marked tires, with out due process can I sue? And how?

The police are stonewalling me and the tow company won't let me know anything , illegally towed, no due process, don't I have rights?

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answered on Jul 18, 2024

Under California law, if your car was towed without proper notice or due process, you have the right to challenge this action. Typically, law enforcement or the towing company must provide specific documentation, such as a ticket or notice of violation, and follow legal protocols before towing a... View More

1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: If my car was taken without leaving a ticket on it or marked tires, with out due process can I sue? And how?

The police are stonewalling me and the tow company won't let me know anything , illegally towed, no due process, don't I have rights?

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, if your car was towed without proper notice or due process, you have the right to challenge this action. Typically, law enforcement or the towing company must provide specific documentation, such as a ticket or notice of violation, and follow legal protocols before towing a... View More

1 Answer | Asked in Gov & Administrative Law for California on
Q: Obtaining privileged info

Can motion to compel further responses include, or be filed concurrently with motion to request filing of records under seal?

Can motion to Compel further responses include request for in camera review of privileged documents?

James L. Arrasmith
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answered on Jul 18, 2024

In California, you can file a motion to compel further responses and include a request for filing records under seal. These motions can be filed concurrently to ensure that sensitive information is protected while seeking additional responses. This approach helps to maintain confidentiality and... View More

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