California Q&A by Practice Area
California Questions & Answers
Q: Can a hotel terminate your stay by force with no just cause?
My children and I have had an extended stay at The Residence Inn by Marriott in Oxnard, California for over eight months. I have remained current with all charges and fees and have spend over $70,000 in room and amenity charges We have recieved no complaints from the hotel regarding our stay. A... Read more »
They can rent the room to whomever they want. You have no right to force them to allow you to stay. Find another hotel. There are plenty in Oxnard that are willing to take your money.
Q: What happens to a person that was hospitalized and could not follow the terms of his probation? He has a bench warrant.
He served the 30 days of his sentence. His probation is up in Jan. of 2020. What becomes of his situation? What shall he shall he do?
more info needed.
you need to talk to a criminal lawyer......the logical person is the one that represented you on the underlying case....most lawyers will, however, provide a free consultation
chances are you lawyer will go back to court with you to get the BW quashed... Read more »
Q: The contract signed electronically by both parties does not have the sellers legal name or correct initials. Is contrac
Is contract legal?
As you will so often hear from attorneys on this forum, it is impossible to provide an answer regarding a contract sight unseen. However, the contract very well could be "legal." If you have any money at stake it might be penny wise and pound foolish to fail to consult an attorney.
Q: I have state fund as my liability insurance carrier. Someone who is not related to my company filed a claim for an
Injury that happened at a job not related to my company. At first the claim was denied and now they are settling with the person. This is ridiculous and I was wondering if I can sue state fund for settling without my consent or knowledge
The decision to settle belongs entirely to your insurer. You can file a complaint with the adjuster and he SVP of the claims dept. explaining your objection, and you can file a complaint with the insurance commissioner.
Q: What happens if my dog jumped on someone and accidentally scratched someone which drew blood ? What can I do?
She jumped the fence
She has never done anything like that
Depends. You are strictly liable for injuries caused by a bite. If the scratch was from a bite, then you are responsible. If the scratch was from a paw, or from falling, then you are responsible if you were negligent in the control of your dog. It is likely that a jury would hold you... Read more »
Q: Can I still sue my employer from a injury that happened in February of 2017 even if I just settled a workers comp.claim.
I'm gonna be unable to work because my injury will always be a part of my everyday life. A box slammed down on my left hand between my thumb and wrist and has left a large knot that hurts when lifting things and excessive usage causes it to swell. Doctors have named it chronic pain syndrome and... Read more »
you are asking a workers comp question on a PI or Criminal law forum.
hopefully, you had a lawyer on the WC case and that is to whom you should pose the question.
WC is usually the solution for work injuries and you should have been paid for future meds too.
contact a WC... Read more »
Q: what is ment by a "Bixby Trust"?
A “Bixby Trust” is a type of spendthrift trust instrument. It is written as irrevocable but is not intended to create remainder interests in the Trustor’s heirs at law. In words, the Trustor is the sole beneficiary. For that reason, the Trust is subject to termination by the Trustor. In these... Read more »
Q: Can my landlord charge me for the removal and disposal of carpet 9-12 years old? I was there for 8 years.
She is not charging for the new carpet.
No. Improvements are the owner’s responsibility. Best of luck.
Q: Can I use online-posted scientific research in support of my new product sales?
Can I post other's online pictures and text from their scientific experiments to help sell my new products?
This is an open-ended question. In many cases using ideas from other publications is not copyright infringement. Using pictures and quotes could be. An interesting concept is that of getting permission from the author. This is not always difficult or expensive. Consulting an attorney could be a... Read more »
Q: When if I had a brand name, and someone else is using it now. I can prove it.
I also had the same brand name for pod cast
What do you mean by "have a brand name?" If you have a product or service you provide under the brand name there might be an issue to consider. If you happen to have a name that you wrote down and nobody else knows about it there might not be anything protectable there. You can usually get better... Read more »
Q: Will I have any copyright infringement?
Hi. I'm Alex. I will be brief. I develop a technology based on Artificial Intelligence which produces its own music in real time. The thing is that I teach MY system by using copyrighted music. Will I have any copyright infringement if I monetize the technology? Thanks.
As a generality, if you copy music and use it, it is copyright infringement whether or not you monetize it. There are exceptions for "fair use." However, those exceptions are much narrower than most copiers think they are.
Serious companies consider paying a license fee. Sometimes the cost... Read more »
Q: California Our mother died and we don't know what claim we have to the house we lived in.
My grandmother had my mother and our family live in her paid off home since I was little. After Grandma died years ago, we continued to live there. My parents never married but my father pays/paid the property taxes every year. My mother suddenly died earlier this month and now an Uncle is trying... Read more »
In order to understand your rights and your potential claim to the property (all or part), an attorney will need to know how title to the property is held, whether there are any wills or trusts, and whether any probate or other court proceedings have taken place. You need to consult with a... Read more »
Q: I was contacted by someone claiming to be underage, when finding them online, the person is an adult.
A person claiming to be underage was actually not on their social media. A woman contacted me through a phone app and told me to add them on Snapchat. I do not remember if they told me their age, but when I looked them up on Facebook and Instagram they have a baby. So I assumed this was the real... Read more »
i would hire a criminal lawyer in your city.
you attempted but did not accomplish breaking the law.
however you are a victim of blackmail and your lawyer can guide you about contacting the police about the shakedowwn
Q: I believe I was scammed for medical services. Do I have any recourse or is this just a lesson learned?
I just returned to the US from teaching abroad so I don’t have health insurance. It’s not open enrollment period. I got a job upon return but my benefits don’t start until after 90 day probation period. I needed to see a doctor prior to then. Made an appt at a women’s health clinic. Shortly... Read more »
Go get your $300 back.
Q: Can a company ask you to work for 2 days as a "work test" period with no pay before they offer to hire you?
HVAC company offering a dispatch position. Already had an initial interview, that is when they told me about this "work test" thing. I have never heard of anything like this before and it set off some red flags
You are required to be paid at least minimum wage for all hours you perform work on behalf of the company. This sort of work-for-free period would not be permitted.
Q: A 30 year old was texting me sexual stuff and I’m 14 is speaking up the right thing? What if he does it to other girls
Tell your parents, teachers, pastor, school resource officer, and/or notify the police. What you describe is likely a crime.
Q: My fiance is in process of Naturalizing. If I get married with her, apply for GC, can she be considered as citizen?
I''m here by Student Visa and she has been a green card holder for 5 years. My visa is expiring and I need to leave the country by October. I know getting married with her when she actually has the citizenship is the best but I'm wondering if during the process of naturalizing can count as a... Read more »
Your fiancé will not be considered a citizen until her application is approved. You can marry her before she becomes a citizen. We recommend you talk to an immigration attorney for more details.
Q: My daughter was born in Mexico before I became a naturalized us citizen. Will she become a US citizen once admitted?
I got married in Mexico in October 2016 because my wife was pregnant. I then applied the citizenship application. My daughter then was born before i became a US citizen. She was born in April 2017 and I became a us citizen in August 2017 about for months after she was born. Now I petitioned for my... Read more »
Your daughter will become a citizen automatically once she enters the US as an immigrant. To get her a US passport, you will need to show that you are a USC, that she is under 18, that she was lawfully admitted as an immigrant, and that she is living with you.
Q: I worked 96hours and wasn’t paid over time? I worked my normal 40hrs a week and picked up another 8 hour shift each week
Asked my boss he said he would apply it to my next check.i got it and I only seen an extra 4hours on my check at regular pay!? Is this correct?
It sounds like you have been underpaid.
Most employees are entitled to overtime whenever they work more than 8 hours in any single workday, or more than 40 hours in a single workweek, or the first 8 hours if working seven consecutive days in the same workweek. Double time overtime is... Read more »
Q: How to find out if I have a case? For unpaid overtime
I’ve worked 96 hours and didn’t receive overtime,now it’s the second pay period and my employer added 4hours of regular pay onto this pay check? Is this correct?
Whether you are entitled to overtime or not will depend on how many hours you worked in each workday, and how many hours you worked in each workweek of the pay period.
Most employees are entitled to overtime whenever they work more than 8 hours in any single workday, or more than 40 hours... Read more »
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