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ERSIA case, self appealed, denied. Hired attorney for litigation. Private mediation -not court ordered-attended in isolation. After mediation, attorney missinformed outcome: denial beyond 24 month he'll appeal the rest. But mediation settled to reinstate claim give benfits for 24 month &... View More 
answered on Jan 16, 2025
Your question can only be answered by review of your attorney-client fee agreement. Review what is says. Good luck to you.
I am 18 my brother is 21 and we own some firearm that we have had for a few year I was wondering if it would be a problem to have them in a safe in our room accessible by only us when our dad might be facing felony charges?
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answered on Jan 16, 2025
This is an important legal concern that requires careful consideration. In California, having firearms in a home where a convicted felon resides can be very risky, even if they're stored in a safe. The law requires that felons have no access or ability to control firearms - this includes... View More
During my divorce, I submitted a discovery request:
"All documents relating to all property owned by you, whether in your name or held by another or in the name of an individual, corporation, or partnership from January 1, 2020, to the date of production in the USA and Mexico."... View More
answered on Jan 16, 2025
You cannot ask the same question or even a very similar question. The new discovery request must be different and certainly not obviously an attempt to get a second bite at that apple.
They went to the emergency room because she thought she was having contractions and spotting. Triage Saturn in the lobby they sat in the lobby for over 2 hours she went to the restroom and in the public restroom she miscarried the babies. The kids had to see the their twin babies in the toilet saw... View More
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answered on Jan 16, 2025
I am deeply sorry for this devastating and traumatic experience your family has endured. Such negligence in emergency care, particularly for a pregnant woman carrying twins with clear signs of distress, is absolutely heartbreaking and unacceptable.
You have every right to feel angry and... View More
When a party in good faith engages into informal agreement on intentions, not defining timely terms of execution- is it considered inadvertent mistake?
If not - why?
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answered on Jan 16, 2025
In California contract law, an inadvertent mistake typically involves an unintentional error or oversight that occurs despite acting in good faith. However, entering into an informal agreement without defining execution terms wouldn't usually qualify as inadvertent - it's more accurately... View More
For the jobs we get called either the night before or the morning of, but if you have been working for the district longer, you get the calls first, instead of it being random. So other people have more opportunities to work than some.
answered on Jan 16, 2025
It is not unlawful to base a scheduling system on seniority. Sorry.
Along with the amendment
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answered on Jan 16, 2025
Filing amendments to a certificate of assignment and pursuing a quiet title action in California involves several important steps. You'll want to prepare and file the amendment document first, clearly stating the corrections needed for the certificate of assignment.
For the quiet title... View More
I provide equipment rentals as part of my freelance services. California recently established the Freelance Worker's Protection Act which stipulates that I may collect up to double the amount stipulated in a contract for professional services when a client does not pay on time or at all. If... View More
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answered on Jan 16, 2025
The FWPA primarily focuses on the payment for services rendered by freelance workers. If an equipment rental is viewed as an ancillary part of the services you provide (for example, tools or equipment necessary to complete a freelance project), it may be argued to fall under the umbrella of... View More
so the father of my kids has never paid any type of child support or even tried to see my kids but he has been paying child support to he's other kids but when i asked child support about what happened to my case they said that they closed my case cuz the place where he works at said he had... View More
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answered on Jan 16, 2025
You can absolutely pursue legal action against the Department of Child Support Services (DCSS) if they failed to properly investigate or handle your case. Their responsibility includes verifying information and taking appropriate steps to collect child support, and it seems they may have accepted... View More
in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for Spousal support and was able to get his wages garnished. At that point he... View More
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answered on Jan 16, 2025
A Marital Settlement Agreement (MSA) in California is a legally binding document that outlines the terms and conditions agreed upon by both spouses regarding the division of property, debts, spousal support, child custody, and child support during a divorce or separation. It is typically negotiated... View More
in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for SP and was able to get his wages garnished. At that point he was willing... View More
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answered on Jan 16, 2025
A Marital Settlement Agreement (MSA) in California is a written contract between divorcing spouses that outlines the division of assets, debts, child custody, spousal support, and other terms related to their separation. Once signed by both parties and approved by the court, the MSA becomes part of... View More
I was injured on the job at Bank of America in October 2019 - severe concussion. They have done a poor job with my treatment. I was being treated by Med 7 (minor emergency) Doctors telling me to touch my nose and walk a straight line and go home and rest. Then basically forgetting about my case.... View More
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answered on Jan 16, 2025
Dear concerned injured worker,
Head injuries are some of the most complex injuries to diagnose and treat, especially in the workers compensation medical care system. I would strongly urge you not to accept the payout if that means a resignation of your job or if you have not been properly... View More
So family lived in community property for 15 years. I worked and paid the mortgage for the family. She was a stay at home. She inherited a mortgage free $1mil home and then 2 years ago filed for divorce. Separation Date 1/15/23. Divorce has been taking forever and I've agreed to paying... View More
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answered on Jan 16, 2025
In California, a post-separation right to reimbursement allows one spouse to request reimbursement for expenses or payments made after the date of separation that benefit the community property. This right ensures that the paying spouse is compensated for contributions made during the separation... View More
Express contract was informal, on basis that plaintiff was previously misinformed on defendant's roles.
Terms of intents were further defined in follow up communication, after defendant took advantage of Plaintiff's consideration - dismissal of the case, offered by plaintiff in... View More
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answered on Jan 17, 2025
You face a situation where an informal express contract was formed, shaped by the plaintiff’s misunderstandings about the defendant’s roles. The follow-up communications clarified the parties’ intentions, but the defendant’s promise to amend the records was later broken.
Under... View More
My uncle is dying and he is the last living child of my grandparents. His wife is trying to declare him incompetent and gain control of "community property and other assets" by having them transferred into a trust. I'm wondering why I am being informed of this. Could there be an... View More
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answered on Jan 15, 2025
Being on a service list means you're legally entitled to receive notifications about court proceedings that might affect your interests - in this case, involving your uncle's trust or estate matters. This notification suggests you might be a potential beneficiary or interested party with... View More
A contract is either express or implied (Civ.Code, § 1619).
An express contract is one, the terms of which are stated in words (Civ.Code, § 1620).
An implied-in-fact contract is one, the existence and terms of which are manifested by conduct (Civ.Code, § 1621).
Other... View More
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answered on Jan 15, 2025
In California appellate proceedings, you can generally raise new legal theories and cite additional statutory authority that wasn't mentioned during the trial court litigation, as long as the underlying facts were presented at trial. However, this ability comes with important limitations.... View More
Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299 is not relevant to informal agreement that did not result into settlement. Settlement was not achieved.
What would be precedent of broken informal commitment that did not result into settlement - as basis for appealing order... View More
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answered on Jan 15, 2025
Let me help you understand the legal precedents that might apply to your situation regarding broken informal commitments in California.
For cases where informal commitments didn't result in settlement, you might want to consider Copeland v. Baskin Robbins U.S.A. (2002) 96 Cal.App.4th... View More
I am a leasing manager for a commercial real estate company and as such I was meeting a tenant to help with “damage control” as she was angry with lack of response from management. When I went to meet her, she was on the phone with the property manager and when she saw me, she hung up to meet... View More
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answered on Jan 15, 2025
Your situation is concerning, and you're right to be thinking about both the legal and ethical implications. Under California Penal Code Section 632, it is illegal to intentionally eavesdrop upon or record a confidential communication without the consent of all parties involved. The property... View More
Law has to treat any party the same, regardless legal representation.What statute/.authority defines in CA approach to pro se litigant in respect to error of law?
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answered on Jan 15, 2025
In California, the foundational principle regarding self-represented litigants is established by California Rules of Court, Rule 1.3, which mandates equal treatment for all persons before the law, regardless of their representation status. This rule explicitly states that self-represented parties... View More
Valid contract was not formed by informal email communication. Plaintiff kept informal intent and entered dismissal, that the defendant demanded as condition for amending records.
After dismissal was entered by Plaintiff, Defendant took advantage of desperate Plaintiff's effort to... View More
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answered on Jan 15, 2025
Based on the information provided, the denial of the plaintiff's motion to set aside dismissal does appear to show prejudice against the plaintiff in this case. The circumstances suggest the defendant acted in bad faith by using the plaintiff's vulnerable position and desire to amend... View More
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