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0 Answers | Asked in Family Law for California on
Q: Cps wants to question my autistic daughter

My daughter drew a sexual cartoon picture at school. The school called cps. I went today and they showed me the picture I recognized the cartoon from something I caught her watching on you tube just Couple days ago. Now they want to question her

1 Answer | Asked in Probate for California on
Q: In a california probate case does an heir have only 120 days to file a will contest or revocation of will?
Howard E. Kane
Howard E. Kane answered on Sep 22, 2021

Key deadlines and timelines in California probate include:

Contesting appointment of personal representative: at or before hearing (by filing written objections)

Response to will contest: within 30 days after service of summons

Petition to Revoke Probate: within 120 days...
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1 Answer | Asked in Consumer Law for California on
Q: Can a cashier in a grocery store ask my age directly? I did not buy any age related items. Illegal? Thanks!
Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 22, 2021

Illegal like a crime? Your question is hard to understand.

2 Answers | Asked in Intellectual Property for California on
Q: Would a website with a brand name in its domain infringe if it linked to sites offering services similar to that brand?

For example, would the domain name degoogle.com infringe on Google's trademark if the website at that domain displayed affiliate links to more private alternatives to Google's services, such as email, online documents, etc.?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 22, 2021

Yes it would.

Consult with and Attorney.

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1 Answer | Asked in Divorce for California on
Q: Is it hard to prove spousal abandonment

For no reason my wife moved out and moving with her daughter and never came back

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

There are 3 ways to end a marriage in California, annulment, legal separation and dissolution (divorce). California does not recognize abandonment as a ground for divorce according to Family Code Sections 2310 to 2313, which states, “irreconcilable differences or incurable insanity” as... Read more »

2 Answers | Asked in Landlord - Tenant for California on
Q: Can my landlord charge me per night for having a guest stay in my unit for a week?

I live in California. I rented a 1br/1 ba appt and signed a lease stating that if I had unregistered guests that I would be charged $30/night (per the lease I am allowed 2 guests every month for a maximum of 2 days). Over word of mouth when I signed the lease, he told me that it was not enforced... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 22, 2021

If you signed a lease that says you would be charged, then you were aware of the "potential" fees. It also sounds like you breached the lease agreement by letting your friends stay more than the allotted "2 days" per month, and sounds like you further operated in bad faith by... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord raise our rent 10% for an additional tenant even if one of the previous tenants moved out?

We originally had 4 adults listed on the rental agreement but one of them moved out, and we are attempting to have somebody move in to take their place; however, my landlord is insisting on a 10% increase to the rent if a new tenant moves in. Rent was already increased last month and the month... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Per Civil Code § 1947.12, NO, but there is a whole list of exemptions and exception. But this statute specifically covers your situation and the law limits rent increases to 5% every 12 months, unless EVERYONE moves out and there is a new lease. You don't say how much he increased the rent... Read more »

0 Answers | Asked in Real Estate Law for California on
Q: How can we get our good faith deposit back without having the seller sign an agreement? Contingencies not released.

We did not sign to release the loan contingency because the loan was delayed due to market factors (labor shortage). We asked the seller to sign an extension before the contingency releasedeadline (just needed a few more days for the loan appraisal to come in, and thus needed to push out the loan... Read more »

1 Answer | Asked in Consumer Law for California on
Q: Which class does this situation fall under? I want to make sure I am contacting the right attorneys. Thank you.

I am looking to either start a class action or personal lawsuit. There is a company that provides cosmetic surgery and I believe they are using faulty practices, faulty equipment or are just blatantly lying in order to keep a certain percentage of deposits each day and canceling peoples surgeries.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Sorry to hear that you were scammed. From your description I would consider this to be Consumer Law, however, because the procedure involves surgery, you might also want to post in Medical Malpractice; and since you are interested in bringing a class action, you could also post as Class Action.... Read more »

2 Answers | Asked in Copyright for California on
Q: I'd like to open a cafe with movie/show animal characters on display from a variety of popular shows, could I?

They would not be for sale and would be decor around the store in an "enchanted forest" theme. For example, Pokemon, Harry Potter, Marvel. The main attraction of the cafe would be food, drinks, and board games. I am wondering if this would be allowed without permission from the owners and... Read more »

Tania Maria Williams
Tania Maria Williams answered on Sep 21, 2021

Unfortunately, that likely infringes on the rights of the copyright owners. The Velvet Elvis is a bar that had a similar issue and was sued by the estate of Elvis Presley. You should contact an IP attorney to determine the best way to build your brand.

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2 Answers | Asked in Immigration Law and International Law for California on
Q: Can a remote US employee living in Australia qualify for EB1C Green card?

Hi there, I am located in Brisbane Australia. I was born in India and hold Australian Citizenship. I work remotely from Australia for a US company. I have an Indefinite contract with the company, and I pay my taxes in Australia. My company does have 1 offshore office registered in London UK. I was... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 21, 2021

This is an extremely dense, complex and, honestly, inappropriate legal inquiry for a remote legal answer. It requires a detailed, comprehensive and diligent case review with your participation in order to analyze that legal situation properly.

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1 Answer | Asked in Personal Injury, Appeals / Appellate Law and Medical Malpractice for California on
Q: IME Dr demanded that my friend take off his PPE as a condition of continuing his IME.

When he refused, Dr cancelled rest of IME. Defendants have issued evidence sanctions even though they have all of my friend's medical records and the nature of his injuries are not ones that would even be visible without any PPE. What are his options? Can he sue the IME Doctor for... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 21, 2021

MORE INFO NEEDED.

IF HE HAD AN IME EXAM, THE CASE IS IN LITIGATION AND HE SHOULD HAVE A LAWYER.

THAT IS THE PERSON THAT SHOULD ANSWER THE QUESTION AS S/HE HAS ALL THE INFO

YOU CAN ALWAYS SUE ANYONE AT ANY TIME.

THE ISSUE IS THAT LAWYERS WILL NOT TAKE THE CASE ON A...
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1 Answer | Asked in Landlord - Tenant for California on
Q: How do I evict someone who isn’t on my lease or doesn’t pay rent

She is blackmailing me and threatening too

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

She is your sub-tenant. Check your lease to see if you need permission for a subtenant. How to evict her? Start with a notice of termination of tenancy- 60 day notice, and serve her a 3 day notice to pay rent or quit. If she does not pay the rent, you can file a UD action against her in the local... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Buying house cash Owner gets to rent back 6 mo. free w/ lease Owner is hoarder what happens if owner refuses to leave
Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Once you own the house and the former owner refuses to leave, you are in the position of Landlord and Tenant. You evict them. I would be sure to give them the 60 day notice of termination of tenancy, 60 days before the lease is up. If they hold over you can give them a 3 day notice to quit.... Read more »

4 Answers | Asked in Immigration Law for California on
Q: Where can I find a great lawyer online licensed in the state of CA?
Agnes Jury
Agnes Jury answered on Sep 21, 2021

Here on Justia. If you are looking for an immigration lawyer you should try www.AILA.org. You can also try private attorney referrals such as www.avvo.com. Best wishes!

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Can I respond to a summons with a E-203 - Stipulation and Order to Arbitration/Mediation form?

Recently being sued for on a civil case. I'm still within the 30 day period to respond. I would like to exercise the ADR option, which was included on my summons. Will filing the E-203 - Stipulation and Order to Arbitration/Mediation form suffice as a legal response?

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

It took 20 minutes to hunt down the Sacramento County Local Court form E-203. No, this is not a response to a summons and complaint and if this is all you file, you will be defaulted and could have a default judgment entered against you. This is an ATTACHMENT to a stipulation for the Court to... Read more »

2 Answers | Asked in Consumer Law, Business Law and Civil Rights for California on
Q: can I sue a 503c "charity" that instead of replacing id, delayed several months and cost me thousands; to make money

I was imposition-ed, lied to, accused of drug use in public, used to perform work without compensated, signed notary book and they refuse to show me why? They retaliated because i threaten to report them .

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

It would seem that you were possible subjected to several civil wrongs, called "torts" by this company, and you may also have wage claims that you can file with the labor commissioner. Yes, you can sue them for the torts that they committed against you, just because they are a 503c... Read more »

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