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0 Answers | Asked in Landlord - Tenant for California on
Q: Do I have any options? Isn’t the landlord supposed to assist with rent assistance?

I applied for rent relief for a total of eight months. They paid the first three and then I recertified requesting an add’l five, but they only paid an add’l three. When I first applied, we had prop mgmt. But by the time I recertified, prop mgmt quit. When rent relief needed an updated ledger... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Is HOA responsible inside wall's pipe broken, leaking water caused damage of ceiling, dry wall & wood floor? See CC&R.

According to CC&R, owner is responsible "Maintain in an open and unobstructed condition all sewer and drainage pipes and lines serving his own Unit between the points at which same enter said Unit and the points at which same join other sewer and drainage pipes and lines serving other... Read more »

John Michael Frick
John Michael Frick
answered on Feb 8, 2023

This seems to be happening a lot. The language has nothing to do with whether a pipe is inside or outside of a wall. Under the plain language of the CCR, if a pipe supplies water to multiple units, the COA is responsible. But, once a pipe branches off to provide water to a single unit, the owner... Read more »

0 Answers | Asked in Landlord - Tenant for California on
Q: Is HOA responsible fixing inside wall's broken pipe. The water leaking cause damage of Ceiling, Dry Wall, & Wood floor?

According to CC & R, Owner is responsible " Maintain in an open and unobstructed condition all sewer and drainage pipes and lines serving his own Unit between the points at which same enter said Unit and the points at which same join other sewer and drainage pipes and lines serving other... Read more »

0 Answers | Asked in Legal Malpractice for California on
Q: Lab/ Background Company lost my urine for my pre-employment test and now my job offer is gone

The background company contacted me and told me the lab lost my urine for a test I did on 1/13/23. The Background company did not contact me about it till 2/2/23. My job starting date was 2/13/23. I retook the drug test yesterday (2/6/23) because that's when the lab that I was sent to was open... Read more »

0 Answers | Asked in Business Law for California on
Q: We signed a solar contact in August 2022 and per our contract our completion date was 11/21/2022. we still have no solar

We have panels install but not connected to SCE yet. It has been a horrible experience and we now have water damage to our living room wall where they left a hole in our stucco when they installed a new electrical panel.

1 Answer | Asked in Family Law and Child Custody for California on
Q: What is the process of making a binding contract for visitation that can be held up in court if need be

The mother of my child and I are separated and together we raise a one year old daughter in California. We have visitation plans scheduled but not in writing. We thought it would be a good idea to have it in writing but want to make sure that the document holds up in court. What is the process of... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Feb 7, 2023

Only court orders or judgments are enforceable by a court of law. Your written agreement regarding custody is not legally enforceable unless it is a court order. aka "Stipulation and Order" This can be filed using your current case number. Whatever hearing you have pending can then be... Read more »

1 Answer | Asked in Criminal Law for California on
Q: If the backseat passenger is the only one in the car on probation can the cops search the whole car without permission?

And can they pull me over if I have my tags and they're all up to date but my insurance lapsed because of a credit card problem. Can they pull me over if it's only been a fee days since it lapsed?

Dale S. Gribow
Dale S. Gribow
answered on Feb 7, 2023

MORE INFO NEEDED.

HAVING A POLICE REPORT WOULD BE HELPFUL.

THERE IS NO WAY THEY COULD USE LAPSED INS AS PROBABLE CAUSE TO STOP.

SOMETHING ELSE HAD TO BE PROBABLE CAUSE...IE THE REASON FOR THE STOP.

WAS ANYONE ARRESTED? FOR WHAT?

HOW DID THEY LEARN THE...
Read more »

1 Answer | Asked in Family Law and Adoption for California on
Q: how do i go about my husband adopting my son from a previous relationship?

My son's biological father has been absent going on 9 years. I am married now, and my husband wants to adopt our son. Is this something that I ca do on my own or do I need a lawyer?

Eliza Jasinska
Eliza Jasinska
answered on Feb 7, 2023

An adoptive parent can be a stepparent or domestic partner of one of the birth parents, a relative of the child who has been caring for the child, or someone not related to the child by blood.

If the child is 12 years old or older, the child will also have to agree to the adoption. In a...
Read more »

0 Answers | Asked in Traffic Tickets for California on
Q: 22658. (a) can a owner report stolen his vehicle when private tow truck tow you from a Convention Center Parking Lot.

Does not comply 22658 prohibiting the public free parking 24 hr.

22658.

(1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and... Read more »

1 Answer | Asked in Civil Rights and Municipal Law for California on
Q: What can I say to the cops that harass me for being homeless?

We got kicked out of the area we were living people had been there over 20 years they threw people stuff away push this out into the city and now they just keep pushing us I'm spot to spot telling us they don't want us here but giving us no options or help they just harass us take our... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Feb 7, 2023

You have the right to exercise your constitutional rights and gather with whomever you desire, as long as you are not trespassing on someone's property or causing or creating a nuisance. Learn everything you can about the local city's municipal codes by going to the public library and... Read more »

1 Answer | Asked in Tax Law for California on
Q: Tax question on Inheritance

My partner is considering giving me 50K as a gift. We live together in California and not married yet. We heard that there's 16K annual cash gift limitation but he can assign the rest 34K as his lifetime exemption (Inheritance and I am in his will). My question is are we qualified for this tax... Read more »

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Feb 7, 2023

Yes.

1 Answer | Asked in Employment Law for California on
Q: can Sutter HR Mangers tell you don't talk about your old job (@ another Sutter)?

I came from the hospital to the clinic both Sutter Health one is the hospital one is the clinic. I told my manager at the beginning that I loved being a CNA and the first chance I will return. Didn't know there would be a problem because it's still Sutter. Why I can't talk about my... Read more »

Neil Pedersen
Neil Pedersen
answered on Feb 7, 2023

There is nothing unlawful about an employer enforcing a confidentiality agreement, whether internally or externally. The only exception to that general rule is that the National Labor Relations Act prevents an employer from not allowing employees to speak to one another about present working... Read more »

2 Answers | Asked in Employment Law for California on
Q: I have been getting paid regular rate for my overtime instead of time and a half.

I brought it up to my manager and he is suggesting that i just add it to my time sheet whenever i don't work 80 hours a payroll (bi-weekly). 71.25 hours of Time and a half that i was never paid for.

Neil Pedersen
Neil Pedersen
answered on Feb 6, 2023

Any work around fix devised by your supervisor requires you to falsely record your time. Not a good idea. It is appropriate that you ask to be paid OT properly. If you are retaliated against for doing so, then that would be unlawful retaliation.

Never falsely record time, even if your...
Read more »

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1 Answer | Asked in Civil Rights for California on
Q: If an AI records a call but deletes the recording before anyone ever has access do we have to say this is recorded?

I work for a nonprofit in CA and we know that if a call is recorded we need to disclose that this is being recorded. We are looking into new software for fielding calls remotely. One of the vendors has an AI that needs to record the call to give us access to make notes on the conversation. We can... Read more »

John Michael Frick
John Michael Frick
answered on Feb 7, 2023

In California, it is illegal to record a conversation unless all parties consent in advance. A party may consent by acquiescing to continuing a conversation after being told that a call will be recorded. Typically, a recording played before the conversation starts will say this conversation may... Read more »

0 Answers | Asked in Legal Malpractice for California on
Q: Can a law firm lose your file and have no knowledge of what happened with your case?

The law firm who was responsible for my product liability case after 6yrs tell me the don't know what happened to my file or about my case. I live in California and the case was to handle in Texas. This started in 2016

1 Answer | Asked in Legal Malpractice for California on
Q: Can a law firm lose your file and have no knowledge of what happened with your case?

The law firm who was responsible for my product liability case after 6yrs tell me the don't know what happened to my or about my case. I live in California and the case was to handle in Texas.

Joel Gary Selik
Joel Gary Selik
answered on Feb 6, 2023

If they did this, then you may have a good legal malpractice case. Consult with an experienced expert in legal malpractice.

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