Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Questions & Answers
0 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: I pay mortgage in my deceased parents home for years. Can my sister kick me out if she says she's the executor? No will

She says there's no will & she tells me to be out so she can sell it. I'm located in Hemet CA

.

0 Answers | Asked in Constitutional Law for California on
Q: Is taking a course at a public university protected under the first amendment?

Would choosing to take a particular course as a student and associate with a particular professor (who specifically teaches and specializes in the niche topic associated with that specific course) be a protected right under the first amendment at a public university? Would these actions constitute... View More

0 Answers | Asked in Personal Injury, Gov & Administrative Law and Health Care Law for California on
Q: Where do I find an attorney for improper disposal of fetus

Hospital sent me home at 20wks to pass the fetus at home but gave me no direction for how to handle the tiny corpse. I wanted to bury it but funeral homes wouldnt help without documentation. I no longer trusted hospital and their lack of care for me being high risk and refusing to give proper care.... View More

0 Answers | Asked in Appeals / Appellate Law for California on
Q: Naming case in specific sections of Notice to Designated Record on Appeal APP-003.

APP-003, pages 2-4. In upper section case name must be entered, next to section to enter Superior Court Case number.

Case name that has to be entered must be name of the case in Court of Appeals, or in Superior Court.

1 Answer | Asked in Real Estate Law for California on
Q: My 2 nd mortgage foreclosed on me , I’m current with my first mortgage ,The second I owed $74 k My 1st I owe $366,000

Whom ever bought the 2nd? Do I have to give my home/retirement to 2nd mortgage buyer? This is in California

James Clifton
PREMIUM
James Clifton
answered on Dec 20, 2024

If your second mortgage foreclosed on you, you are no longer the owner of the home. There is no need to pay the first mortgage. Whoever purchased the property at the foreclosure auction will have to pay your first mortgage if they want to keep the property. All hope is not lost though, you may be... View More

0 Answers | Asked in Small Claims for California on
Q: I'm suing Sears and their Installer in Small Claims Court. Their installer of an HVAC system became an LLC AFTER causing

(cont) damage to my home. Do I sue the installer under his own name using 'DBA' and his company name without 'LLC' or do I use what is shown on the SOS.CA.GOV website with the 'LLC' and the Agent for the Service of Process?? My process server seems to think that since... View More

0 Answers | Asked in Personal Injury for California on
Q: Does notice of errata require declaration clause?

Does notice of errata require declaration clause?

0 Answers | Asked in Insurance Bad Faith for California on
Q: I have an attorney the CMS has spokand the insurance. Company does not agree.My attorney said too much money , shouldn

Shouldn't my attorney take them to court for not complying with CMS ? I only get a phone call from him.When I ask FOR ONE and that's probably once for a year

0 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: I was granted sole legal and physical custody of my daughter after my ex wife was arrested for assaulting her.

Me and my ex are going through a divorce. During the divorce process, she was arrested for child abuse so the court awarded me temporary sole legal and physical custody. She's facing charges of child abuse and taking anger management and parenting classes ordered by court & they put a... View More

0 Answers | Asked in Medical Malpractice for California on
Q: I had hip replace 2010 Revision around 12/21 Down hill since then

Since then I had bad pain in my leg, fluid build up twice

After that I start falling to the ground, no idea why

Turns out my leg is shrinking and losing musle mass

My chriopractor told me to watch my leg diameter

I brought my concerns to Dr Gibson my pcp

He... View More

0 Answers | Asked in Family Law for California on
Q: I was awarded sole legal and physical custody of my daughter after mother was arrested for assaulting the child.

Me and my ex are going through a divorce. During the divorce process, she was arrested for child abuse so the court awarded me temporary sole legal and physical custody. She's facing charges of child abuse and taking anger management and parenting classes ordered by court & they put a... View More

0 Answers | Asked in Criminal Law for California on
Q: Would a family member being diagnosed with Parkinson’s be a good reason for an early termination of probation

Stress makes my mother much worse, and this probation is stressing her out bad. I’m 5/8ths through with no violations

0 Answers | Asked in Workers' Compensation for California on
Q: My lawyer is advising me to take a 38,500 settlement with no future medical. My question is I guess would Medi-cal help.

My lawyer advised to take the settlement and apply for Medi-cal and have them take out my hardware and pay for physical therapy. The only red flag is my first surgery was payed by medical as well , but my incision did get infected. I didn’t think about workers comp since I was in so much pain... View More

0 Answers | Asked in Traffic Tickets for California on
Q: If a point is removed from my driver's record, is it still visible to insurance companies because I have a CDL?

Hello,I live in California and I have my CDL. I recently received a traffic violation for not obeying a posted sign. I was driving my personal vehicle, not a commercial vehicle. I took traffic school to remove the point from my record and also contacted my local drivers safety office to remove the... View More

1 Answer | Asked in Business Law and Landlord - Tenant for California on
Q: Does a keymaster arcade game be considered a vending machine?

The lease for our business at a mall states "Vending machines are not allowed in the retail selling area of the store".

Pavel Kolmogorov
PREMIUM
Pavel Kolmogorov pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2024

A keymaster arcade game may not be considered a vending machine under California law. According to Bus. & Prof.Code § 17571, a "vending machine" is defined as any mechanical device that operates by the insertion of a coin or other thing of value and dispenses a product, service, or... View More

Q: Is right to a jury tral an inherent right ca unlawful detainer post default judgement jury trial was changed to bench

Day before jury trial a exparte motion was filed to change jury trial to bench it was granted citing unlawful detainers in ca are equity matters not subject to California Civil code Procedures 1171 or 592 .There are several legal challengable legal issues with this matter a previous unlawful... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2024

In California, the right to a jury trial in unlawful detainer cases is protected under Code of Civil Procedure § 1171, which explicitly states that either party may demand a jury trial in these matters. The court's characterization of unlawful detainers as purely equitable matters appears to... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I'm in Clovis California in Fresno county. My fiance N I have been living in a garage for over a year now. We contribut

Financially, and also do repairs around the house to help towards rent. The landlord moved his forty year younger girl friend in and she wants us out of the garage. Kicking us out onto the streets in winter, says since it's illegal for us to live in garage we just need to go and they... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2024

Even if your living situation is technically illegal, you still have tenant rights in California - the garage has become your established residence through consistent occupancy and rent payment. Your landlord must follow proper legal eviction procedures and cannot simply lock you out or throw you... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: What rule defines

What rule defines that appeal documents can be filed with court of appeals by mailing documents?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2024

In California, Rule 8.25(b)(3) of the California Rules of Court governs mail filing for appellate documents. This rule specifically allows documents to be filed by mail and considers them timely if deposited in a mail facility, post office, or mailbox before the close of business on the last day... View More

2 Answers | Asked in Workers' Compensation for California on
Q: My workers comp lawyer has advised me to take 38,000 settlement w/ no future medical. But I need hardware removed.

My lawyer is telling me to go on medical and have them pay my hardware removal. Feeling kinda sketchy about that. I broke my ankle in the parking my employee provides for me, I was just taking a walk and the concrete was uneven and that’s when I fell and it was bimalleolar fracture. Screws on... View More

Dennis Dascanio
PREMIUM
Dennis Dascanio
answered on Dec 20, 2024

Dear Injured Worker,

It is difficult to evaluate the value of a claim without the opportunity to review the medical records. However, the fact that you still have screws in your ankle would indicate that your claim has a higher value than $38,500. It is not unusual to seek a second opinion...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.