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California Questions & Answers
1 Answer | Asked in Employment Law for California on
Q: Can a former employer force me to pay to have my personal usb drive I was authorized to use "professionally" erased?

About 5 months ago I was given authorization from my company HR manager to update the operating system on my company computer which required the use of a personal usb drive. Before I had the opportunity to put the company files back on my computer and delete the data the owner confiscated my drive.... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 31, 2020

If you were required to use the drive, then the cost must be borne by the employer. The employer may not require an employee to pay any expense incurred in furtherance of a job duty. This issue, of course, is whether this is worth fighting over. USB thumbdrives are cheap. Attorney fees are not.... Read more »

1 Answer | Asked in Probate for California on
Q: How long does a representative have to distribute funds to the heirs after probate is finished?

Probate court finished in January. The case is in Phoenix AZ

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Mar 31, 2020

Your question landing in the California section. You need to ask it again in the Arizona section.

1 Answer | Asked in Criminal Law for California on
Q: How much time will a person get if they commit robbery moving employees to another room

My friend was found guilty for committing a robbery at a Taco Bell one charge of was kidnapping because Chloe‘s was moved from front restaurant to a room then left there after trial jury found I pray guilty for all seven charges most charges have since trial been dropped five of them were dropped... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 31, 2020

MORE INFO NEEDED.

THE BEST PERSON TO DISCUSS A HYPOTHETICAL MATTER, UNTIL ALL FACTS SURFACE, IS YOUR LAWYER.

THAT PERSON HAS ALL THE FACTS AND KNOWS WHAT THE DA IS LOOKING FOR AND WHO THE JUDGE IS.

I BELIEVE MOST JUDGES WOULD IMPOSE A PRISON SENTENCE WITH THE LITTLE INFO YOU...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: I filed for marriage based green card in December - should I file the I-944, bring it to the interview or not at all?
Adan Vega
Adan Vega answered on Mar 31, 2020

The FORM I-944 is required for all applications for adjustment of status filed after February 24, 2020. If you filed the FORM I-485 prior to that date , the FORM I-944 is not required.

If you wish to prepare and file the FORM I-944 in your case you are submitting a form with USCIS that is...
Read more »

2 Answers | Asked in Civil Litigation and Contracts for California on
Q: Can I sue/file a lawsuit Expedia for not upholding their return policy, whilst insurance was purchased via their website

Was suppose to go to Rome from San Diego on 4/23. Paid $2055 with insurance for 2 people and hotel. I understand in the midst of covid-19 things are hectic... anyways they are only offering me $439 for the flights and roughly $780-$800 for the hotel. Which means I’m only getting back $1236 ish.... Read more »

Jason Kelly Smith
Jason Kelly Smith answered on Mar 31, 2020

I’d want more information about the what the contract says, but if you qualify for the 100% refund as you say then that is what you should get. This is the exact type of thing for which people buy travel insurance.

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1 Answer | Asked in Civil Litigation for California on
Q: In 2017 West H&A LLC forged docs for ownership of our home, he was incarcerated on a lot of counts please help

We found out through squatters who got in contact with us that West H&A's owner Patrick Soria was incarcerated and had several Lawsuits against him for fraud, the squatters said he recently sold or transferred the home to Trinity Financial, is there any recourse that we may have to get our home... Read more »

Kenneth Sisco
Kenneth Sisco answered on Mar 31, 2020

Yes indeed. In California, a "forged" deed is "absolutely void;" even as to innocent parties who come after. If you are tricked into signing a deed, it is a different story, and it may not be so easy. But in my view, a lawsuit to "cancel" the forged deed would be a slam dunk. The deed holder... Read more »

3 Answers | Asked in Personal Injury for California on
Q: i fell in 711 store parking lot and broke my femur can i sue california
Dale S. Gribow
Dale S. Gribow answered on Mar 31, 2020

more info needed.

you can always sue anyone at any time for anything.......the question is whether you would win!

what did California do wrong? what did the store do wrong?

just because you fall doesn't mean you can collect.

You must show Negligence on the other...
Read more »

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1 Answer | Asked in Criminal Law and Employment Law for California on
Q: Background check with expunged misdemeanor conviction on IT feild.

I had a misdemeanor conviction 8 yrs back in CA, the record is expunged and I now wanted to get into a job.I want to know the chances of clearing background check with the record expunged. I'm so confused with the comments and blogs on internet, whether it really shows up on background checks after... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 31, 2020

Expunged records shouldn't show up on a background check because legally they don't exist.

But sometimes they do.

In these cases, it is even more important to have a reputable background checking agency, with a history of good candidate experience, as your trusted partner....
Read more »

2 Answers | Asked in Car Accidents and Small Claims for California on
Q: Is this Illegal??

My ex pony friend and I were together for 7 years and have a 4 tour old together. 3 months into the breakup j had crashed into a pole and CHP hauled away my car that’s in his name away with my belongings. My ex got it out that day and isn’t returning it. He kept my purse, ID,cash, new laptop,... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 31, 2020

more info needed.

though car in his name, was it given to you? did you register? did you insure it?

i assume his position is that he just let you use it but did not gift it to you.

who pays registration and insurance and repair costs?

he lied but that is not illegal,...
Read more »

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1 Answer | Asked in Civil Litigation, Criminal Law, Agricultural Law and Civil Rights for California on
Q: A farmer forced out of business gave the quad to my neighbor no bill of sale we hooked it up to a trailer to fight fires

We desperately need it this year but the sheriff's department took it because it wasn't registered in my neighbors name is that legal and no it wasn't stolen it was given to us by a farmer they had to go out of business and the sheriff's department did a search and seizure without a warrant and my... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 31, 2020

were you cited for it? or just confiscated?

more info needed.

though it probably should have been registered, if you went to court and presented this info to a judge i don't think you would be punished.

1 Answer | Asked in Criminal Law and Agricultural Law for California on
Q: Does a Kawasaki 360 quad used on a farm as a firefighting implement pulling a trailer does it need to be registered

our quad that is not registered in the state of California and is used as a firefighting implement on a property was taken by the sheriff's department because it wasn't up to date on a registration is that legal

Dale S. Gribow
Dale S. Gribow answered on Mar 31, 2020

i believe it does.

are you just labeling it for firefighting or has it been used for that in the past.

how old is it and how many times has it been used to fight fires?

1 Answer | Asked in Contracts for California on
Q: Is this agreement enforceable?

My friend entered into an oral agreement with her 70 year old mom. The agreement was that her mom would sell her moms mobile home and move in with my friend and my friend would take care of her for the rest of her life. In return, the mom would give her $95K to use to pay down her mortgage. After... Read more »

Jason Kelly Smith
Jason Kelly Smith answered on Mar 31, 2020

There is an issue with the Statute of Frauds. The agreement to take care of mom for the rest of her life is not something that can be completed within a year and therefore needed to be in writing to be enforceable. If the oral agreement also included your friend giving something else up of value... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Do I have a case against a seller that failed to disclose conditions of a leaky concrete slab?

We've recently bought a house (build in 1959). House had old vinyl tile. After starting remodeling, we've discovered that there is significant dampness under the tiles. It appears that many tiles have been re-glued with silicone based glue (different than original glue). We believe seller knew of... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Mar 30, 2020

Possibly.

You would have to prove that its more likely than not that they knew of the problems with the sladb.

How much do you think your damages are?

1 Answer | Asked in Criminal Law for California on
Q: Can employer be held accountable for employing someone they know engages in child exploitation but has not been convicte
Dale S. Gribow
Dale S. Gribow answered on Mar 30, 2020

much more info would be needed.

how did you learn of this?

do you have an obligation to say something?

what kind of exploitation? sexual? physical?

1 Answer | Asked in Child Support and Family Law for California on
Q: Hi there, I have a 3 year old daughter and trying to do a DNA test on her father and get child support .

How can I got about starting the process in finding him even if he blocked me from social media. He knows of her as well, I tried even reach out through his girlfriend,but no luck.

Mike Darlington
Mike Darlington answered on Mar 30, 2020

Contact the Department of Child Support Services in your county and they will assist you with this free of charge.

1 Answer | Asked in Animal / Dog Law for California on
Q: My 82 year old sister can no longer afford misdeneanor victim restitution payments, owes $172,000.

She has been making pmts for many years and would like to be rid of this financial burden. Needs help. I wasn't sure of category.

William John Light
William John Light answered on Mar 30, 2020

Consult with a Washington criminal defense attorney for modification of the restitution order, or with the Public Defenders Office.

1 Answer | Asked in Car Accidents for California on
Q: I Had a car accident at the beginning of the year not at fault but no insurance

hello at the beginning of the year i had an accident with this guy (50s) he was driving a tacoma in the oposoite side of the intersession to turn right i was waiting in the light to make a left the light turn yellow and i took it no cars were closed i stayed in the left line normal he made a right... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 30, 2020

without more info it is hard to answer.

I doubt if you will be able to prove you were not at fault.

however, if you are worried about the other driver suing you, THEN THEY have to prove YOU were at fault.

you would need a lawyers assistance and unless you had major injuries...
Read more »

1 Answer | Asked in Tax Law for California on
Q: Would the FTB process a wage garnishment during the Covid crisis?

owe a balance. working out an installment agreement (owe just over 25k, so the installment was for 600/month pending payment of the 2018 balance that I have not yet been able to pay).

Paul Martin Vargas
Paul Martin Vargas answered on Mar 30, 2020

Hi. Yes, they will process a wage garnishment

3 Answers | Asked in Car Accidents for California on
Q: I had a car accident How can I prove or prevent being at fault when I was not ?

at the beginning of the year I had an accident with this old guy he was driving a Tacoma I was at the light waiting to make a left he was coming from the opposite direction to make a right the light turn yellow then I took the turn (and stayed in the left line ) then he took a right and tried to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 30, 2020

more info needed.

you should try to set up an appointment with a PI lawyer in your area.

as a rule the person turning left is at fault................

if you are in an accident without insurance you can't collect for pain and suffering but could for other damages....
Read more »

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4 Answers | Asked in Probate for California on
Q: Can I just do a notorized letter instead of a will in leaving my house to my child and the deed is in my name?
Gerald Barry Dorfman
Gerald Barry Dorfman answered on Mar 30, 2020

No, you can not. If you do not want to use a will or trust, you can use a deed. All of these methods require strict adherence to the correct form, although they are not necessarily complicated.

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