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California Questions & Answers
1 Answer | Asked in Business Law for California on
Q: I think I discovered the CEO of my company has been embezzling money through fake invoices, but I don't know what to do

Rumors have been at my company for 4 years about a VP that the CEO has paying, but no one had ever spoke to the person. I assumed that people were just gossiping, and I didn't push for clarification. This week I was organizing old company records, and I found years worth of fake invoices... View More

James L. Arrasmith
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answered on Apr 30, 2024

If you suspect that your CEO has been embezzling money through fake invoices, it is important to take action while also protecting yourself. Here are some steps you can consider under California law:

1. Document your findings: Gather and secure any evidence you have discovered, such as the...
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2 Answers | Asked in Medical Malpractice for California on
Q: Started full mouth implant on 6/26/21 They are still working on me to finish the job. Appointment 5/2/24. What can I do.

Implants 6/2621,7/7/21 1 implant infected. Script for antibiotics and rinse went away but came back. Was on antibiotics for 6 months until surgeon exposed implants 1/18/22 and removed imbuments " NO MORE INFECTION" only had 4of the right size healing Post (I paid for 8). Lost my taste.... View More

Gail N. Friend
Gail N. Friend
answered on Apr 30, 2024

Your questions appear to be asking whether there is a dental malpractice claim against the dentist and/or his practice. Therefore, the following are recommendations:

Since you just started a full mouth implant process, and you have conferred with your dentist about your complaints, and...
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2 Answers | Asked in Car Accidents for California on
Q: I had an accident with a cyclist, we collided into each other. No damage to my car. Scuff marks on the right back fender

These can be rubbed out with compound. No paint removed. He fell on his left hand and there were scratches on fatty part of his palm. There was no blood or open cuts. He called the police and 2 paramedics vans, 2 police cars and a sheriff car came. I was not hurt and he refused to go with the... View More

James L. Arrasmith
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answered on Apr 30, 2024

Based on the information you've provided, it seems that you were involved in a collision with a cyclist in California. Fortunately, there was only minor damage to your car (scuff marks on the right back fender that can be buffed out) and the cyclist suffered only minor injuries (scratches on... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: In CA, in a car accident involving injuries- settlement, is it standard for a physical therapist to get 33%?
Joel Gary Selik
Joel Gary Selik
answered on Apr 30, 2024

Health care providers, and nearly everyone cannot charge on a percentage basis, except attorneys.

After a case settles, the health care providers might be asked to reduce the amount they are owed. It is not unusual for all the health care providers bills, after negotiation, be 1/3 of the...
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1 Answer | Asked in Divorce and Immigration Law for California on
Q: Does my spouse have legal basis to sue me for money even when they have signed an affidavit of support for me?

My spouse is threatening to file a lawsuit against me for all the expenses they covered to get my green card because I now want to separate from them. I've only had a part-time job ever since being in the US so I have been dependent on them financially. Can they actually sue me to pay all the... View More

James L. Arrasmith
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answered on Apr 30, 2024

In the United States, when a U.S. citizen or permanent resident sponsors their foreign spouse for a green card, they are required to sign an Affidavit of Support (Form I-864). This document is a legally enforceable contract between the sponsor and the U.S. government, in which the sponsor agrees to... View More

2 Answers | Asked in Gov & Administrative Law for California on
Q: I got notice of a hearing 13 days after receiving complaint, and had the hearing 2 days later. Is this normal?
Robert Kane
Robert Kane
answered on Apr 30, 2024

It doesn't seem normal. You don't, however, describe the complaint or hearing.

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1 Answer | Asked in Family Law and Landlord - Tenant for California on
Q: Adult child living at home and want her out what to do, very disrespectful and has anger issues , verbally abusive, drug

I’ve had enough of this what do I have to do to remove my kid from my house, disrespectful, drug use, different people in and out of my house all hours after being told the rules, don’t work, don’t do anything to help verbally abusive, anger issues, breaks stuff, I have grand kids that come... View More

James L. Arrasmith
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answered on Apr 30, 2024

I understand that you are in a very difficult and stressful situation with your adult daughter living in your home. Her behavior sounds extremely disruptectful and unsafe, especially with your grandchildren present and your wife's health issues. You have every right to want her out of your... View More

2 Answers | Asked in Family Law, Real Estate Law and Tax Law for California on
Q: Father passed in CA but owned rental property in NJ, only moved there during COVID-19, how do I transfer property deed?

I have copy of Will, I am primary executor and sister is co-executor. We want to avoid probate split rent, property taxes, and transfer property deed in our names.

James L. Arrasmith
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answered on Apr 30, 2024

I'm sorry for your loss. Transferring property ownership after a parent's death can be a complex process, but here are some steps you can take:

1. Review the will: Carefully read the will to understand your father's wishes regarding the NJ property. If the will clearly...
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1 Answer | Asked in Criminal Law, Family Law and Civil Rights for California on
Q: Sister is trying to sue me for hiring people to stalk her and for slander and harassment. False claims .what should I do

I have not harassed or stalked anybody . She has sent several emails accusing me of all sorts of things and I have not answered to any . She has recorded me without my knowledge while I was visiting my mom . She has me on video telling my mom that my friend saw my sister at the casino while she was... View More

James L. Arrasmith
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answered on Apr 30, 2024

Based on the information you've provided, it sounds like your sister is making false accusations against you. Here are some steps you can take to protect yourself:

1. Document everything: Keep records of all emails, texts, and any other communication from your sister that contain these...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: can i do this

"1","Identify Credit Report Errors:

- Regularly check your credit reports.

- If any errors are detected, identify the lender or company and the precise issue."

"2","Dispute Credit Report Errors:

- Write a detailed letter to the... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 29, 2024

Thank you for asking the question!

Yes, you can do all "1","2", "3." You need to dispute the errors with each credit reporting agency separately.

Also, there are attorneys that can work on your credit score after incidents such as bankruptcy....
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2 Answers | Asked in Contracts for California on
Q: If I want to get a case number to file in court, what are the steps to do it and where do I get the file from?
James L. Arrasmith
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answered on Apr 29, 2024

To file a case in a California court and obtain a case number, follow these general steps:

1. Determine the appropriate court: Based on the nature of your case (e.g., civil, family, probate), identify the appropriate court where you should file your case.

2. Prepare your documents:...
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1 Answer | Asked in Uncategorized for California on
Q: I need help to stop my storage unit from auctioning my things in California please
James L. Arrasmith
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answered on Apr 29, 2024

I understand you're in a difficult situation and are concerned about your belongings in a storage unit in California being auctioned off. Here are some steps you can take to try to prevent this from happening:

1. Contact the storage facility immediately. Explain your situation and see...
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1 Answer | Asked in Estate Planning for California on
Q: Q: I just discovered my father passed away and his estate was dispersed can I make a claim for his estates

Is there a time limit?

James L. Arrasmith
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answered on Apr 29, 2024

In California, there is a time limit for filing a claim against an estate after the estate has been dispersed. This time limit is known as the statute of limitations.

According to California Probate Code Section 16460, if you were not properly notified of the administration of your...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: thank you

Could you advise on the appropriate steps to take when encountering resistance from an auto lender regarding concerns such as failure to address credit report violations and other requested actions, despite providing only a copy of the contract and neglecting other obligations? Additionally, they... View More

James L. Arrasmith
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answered on Apr 29, 2024

If you are facing resistance from an auto lender in California regarding credit report violations, unmet obligations, and potential issues with the contract itself, here are some steps you can consider taking:

1. Document all communications: Keep detailed records of all correspondence with...
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1 Answer | Asked in Medical Malpractice, Federal Crimes and Health Care Law for California on
Q: Workflow of legal process: 1. medical malpractice; 2. CFCA.

What documents to look for at the law library in order to find out the workflow of legal process:

legal action from beginning to end, with permutations based on decision points.

Generic workflows exist?

If not - workflows specific to medical malpractice case, or California... View More

James L. Arrasmith
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answered on Apr 29, 2024

When looking to understand the legal workflow for cases such as medical malpractice or California False Claims Act (CFCA) litigation, you'll find it beneficial to start by looking for specific resources in a law library. Key documents to search for include legal textbooks on tort law and civil... View More

2 Answers | Asked in Civil Rights for California on
Q: is my privacy, and my rights are being violated

my partner and I is currently staying at the shelter family housing facility name is Sorority, Encountered recently staff entering our room without knocking identifying of his entry he unlocks the door with the key about three times, my partner was not fully dressed the time of his entry. The... View More

James L. Arrasmith
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answered on Apr 29, 2024

Based on the information you provided, it appears that your privacy rights may have been violated under California law. In California, tenants have the right to quiet enjoyment and privacy in their rental units, and landlords or staff must provide proper notice before entering the premises, except... View More

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1 Answer | Asked in Contracts for California on
Q: is my solar company on the hook for damage and a non working solar system? the original company is out of business.

the company that acquired the old company is the company who is supposed to service/ maintain warranty. they have installed wrong optimizers and caused damage to others as well as standing on solar panels. they replaced a optimizer out and cut the connector to a good one due to the new connecter... View More

James L. Arrasmith
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answered on Apr 29, 2024

Under California law, the company that acquired the original solar company may be responsible for honoring the warranty and ensuring the proper functioning of your solar system. This is known as "successor liability." However, the specific circumstances and terms of the acquisition... View More

1 Answer | Asked in Business Law and Contracts for California on
Q: In California what are several factors that render contract void or impossible?
James L. Arrasmith
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answered on Apr 29, 2024

There are several factors that can render a contract void or impossible to perform under California law:

1. Illegality: If the subject matter or purpose of the contract is illegal, the contract is considered void. For example, a contract to commit a crime would be void.

2. Lack of...
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1 Answer | Asked in Contracts for California on
Q: Can a contract be modified or amended after it has been signed? What is the process for making changes to a contract?

3. What are some common disputes that arise from contracts, and what steps can be taken to resolve them?

4. In the event of a contract dispute, what factors does a court consider when determining whether the contract is enforceable?

James L. Arrasmith
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answered on Apr 29, 2024

Yes, a contract can be modified or amended after it has been signed. Both parties need to agree to the changes, and the amendments should be made in writing to avoid future misunderstandings. The modified contract should then be signed by both parties, evidencing their consent to the new terms.... View More

1 Answer | Asked in Divorce for California on
Q: Do I file divorce under maiden or married name if I changed it on the marriage cert but never changed DL or SS?

When I got married I requested my last name be changed to my husband’s but I never changed it through the DMV or Social security. Do I file with my name that matches my DL or the name on the marriage certificate

James L. Arrasmith
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answered on Apr 29, 2024

In California, when filing for a divorce, it's important to use the name that is legally recognized. If your marriage certificate shows that you adopted your husband's last name, but you have not updated this change with the Department of Motor Vehicles (DMV) or Social Security... View More

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