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California Questions & Answers

1 Answer | Asked in Animal / Dog Law for California on

Q: Can I get in trouble for fixing my neighbors pit bulls without them knowing?

My neighbors live several cities away and never come to visit their dogs. They have a relative that lives locally and he feeds them maybe once a week if that. We feed them, water them and make sure they have shelter. They breed and they are all related. I have been wanting to get them fixed. I am... Read more »

William John Light answered on May 26, 2019

Just call Animal Control. Otherwise, you are guilty of vandalism to personal property.

1 Answer | Asked in Employment Law for California on

Q: My boyfriend committed suicide. The boss at our old work told current employees. I live in California. Is this legal.

Both my boyfriend and I no longer worked at a place. He hadn’t worked there for two years. My best friend still works there. The regional director told all of the current employees (some who didn’t even know him) that he committed suicide less than a week after it happened. I do not know how he... Read more »

Neil Pedersen answered on May 26, 2019

I am very sorry for your loss. Because this information was not disclosed by the employee to the employer and because your boyfriend was no longer an employee there, the employer would have the same rights to talk about him as anyone else would. There are no special legal duties that would... Read more »

1 Answer | Asked in Consumer Law for California on

Q: I paid the dealer to register the car in my name it's been 5 months and he still hasn't done it. What are my rights.

It was a government vehicle he bought at auction and I believe he was supposed to register it in his name first before he sold it to me.but he didn't and I paid him $200 to register and give me my license plates but he still hasn't done it it's been 5 months.

Scott Richard Kaufman answered on May 26, 2019

This can get quite expensive for the bad guy here. A lawsuit re: failure to deliver title, can be a problem for the dealer. START by contacting the DMV investigations department and by reaching out to a consumer protection attorney.

2 Answers | Asked in Workers' Compensation for California on

Q: My claims adjuster scheduled me for a QME, after agreeing upon a doctor for an AME with my lawyer. Is this normal?

My lawyer and claims adjuster made an agreement on a doctor for me to get an AME at a later date. I just recently received paperwork for a QME that was requested by my claims adjuster. The paperwork was postmarked for a recent date, so I know that the request was not an old request. I've contacted... Read more »

Ronald Mahurin answered on May 26, 2019

Unless you actually attend the AME appointment, the claims adjuster can decide to use a QME. I strongly suggest you wait until you hear from your attorney. It may be there was an assistant working on your file and inadvertently requested a QME. Remember, the QME process has protocols and if they... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for California on

Q: My son is incarcerated for a crime that has been proven he did not commit. My contact number 661-584-9012

Alexander Bakhache Perez answered on May 26, 2019

Not sure if you son still has court pending with an open case and court dates or if he needs an appeal.

Feel free to contact after the holiday weekend on Tuesday during business hours. Please obtain file/ copy from prior attorney if you are interested in an appeal if possible.

1 Answer | Asked in Employment Law for California on

Q: Does my daughter's employer have to pay her for hours worked, even if she was incarcerated?

I have requested her last check be sent, but they are saying she didn't fill out a timesheet. She has talked to her employer and said to send her check, but she hasn't.

Neil Pedersen answered on May 25, 2019

The employer has the legal duty to pay for hours worked, period. While an employer can require an employee to fill out a proper time sheet, it cannot use something like incarceration to avoid paying the money owed. It must use other data to properly pay the employee.

Good luck to you and...
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2 Answers | Asked in Estate Planning for California on

Q: Can anyone advise me where I may be able to find a living trust,I was told it was lost,never had a chance to view it .

To Whom it may concern, thank you in advance for responding to this message,I need to honestly know,if there is any way,I can track down a living trust, my Dad passed away and because at the time, I was in the US military special ops unit,I was unaware of his passing, once the mission was... Read more »

Jeffrey Louis Gaffney answered on May 24, 2019

There is no good answer to this one.

Are you sure he had a Trust? Did he have the house titled in the name of a Trust? Or bank accounts?

It is possible that the bank or brokerage house will have a copy if he held an account there in the name of the Trust.

It is remotely...
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1 Answer | Asked in Gov & Administrative Law for California on

Q: How does this case relate to the recent court case Gamble v. United States?

Kevin Christopher Murphy answered on May 24, 2019

What case...? The question is incomplete and, therefore, unanswerable.

1 Answer | Asked in Employment Law, Business Law and Tax Law for California on

Q: If my business' cofounder and I elect to stop receiving compensation for months, must I file state payroll reports?

The two of us are currently the only employees of our business, and only took a single paycheck of $100 each to set up the payroll system so it would be in place when we have employees in the future. We have since decided to delay any hiring, and will not be taking any compensation ourselves, for... Read more »

Neil Pedersen answered on May 24, 2019

This is a question best answered by your tax accountant. While owners can agree to not take a salary from the business there are tax consequences associated with that decision that you need to measure against the relatively small administrative charges you wish to avoid paying. Get in contact... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for California on

Q: I'm charged a $ 10.00 fee to cash my payroll check at the bank that the check is drawn because I'm a non customer.

It doesn't seem right that Im penalized for not having an account with them in order to receive the money I worked for. What about this Calif labor code

California Labor Code section 212 requires employers to arrange for employees to cash paychecks without incurring a fee

Neil Pedersen answered on May 24, 2019

I am sorry but fair or not, there is nothing unlawful about the bank charging a fee to a non-customer for check cashing privileges. You can avoid that charge by using your own bank for your banking. Of course, even your own bank will charge you for certain services. Bank fees are just a fact of... Read more »

1 Answer | Asked in Employment Law for California on

Q: Can a consulting Engineer charge a client mileage and not be considered an employee?

I work for an engineering consulting firm in California and have always charged our clients mileage. Recently a client stated that if we charge him mileage, then that makes us an employee and he would be liable in the case of an accident.

He said that this is a California Law. (I can't find... Read more »

Neil Pedersen answered on May 23, 2019

No that is not correct. Two parties who enter into a contract can agree on compensation and expenses without turning the relationship in to an employment one. However, the statutory right to mileage is only guaranteed under the Labor Code. That may be what the other person is confused about.... Read more »

1 Answer | Asked in Legal Malpractice and Wrongful Death for California on

Q: Case was an unlimited wrongful death suit against 1 civillian and I busisness who had legal duty to protect sister from

Lawyer doesn't want to honor our contract because he got 2 cases that would've been profitable tossed out of court by cancelling all depositions. Now he don't want to continue with case against my sister's killer because he knows this person has no assets. But we signed a contract.

Peter N. Munsing answered on May 23, 2019

Depends on the two cases being "tossed" and the reasons for them. Contact a member of CAOC who handles legal malpractice cases.

2 Answers | Asked in Landlord - Tenant for California on

Q: Rented house for 24 months @ $4,250/month, but landlord is increasing rent $127/month just 12 months in. Can he do that?

My lease clearly says "Tenant agrees to pay $4,250 per month for the term of the Agreement." And, "This Agreement shall terminate on May 31, 2020." Can I fight this? Is there anything I should be aware that he could do if I don't pay the increase?

Gerald Barry Dorfman answered on May 23, 2019

An attorney would have to look at the lease to form a definitive opinion, but generally a lease for a set time is a contract which can not be unilaterally changed by one of the parties. It's hard to predict what he could do, since it appears he is not being rational in regard to the rent increase.... Read more »

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1 Answer | Asked in Real Estate Law for California on

Q: Does buying a property at a tax sale also wipe out all past HOA dues/liens?

Tax Code 3712 applies

Thomas A. Grossman answered on May 23, 2019

Generally speaking, the only liens that are eliminated are those that are recorded on the deed or trust deed.

1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for California on

Q: CAN A LIZ PENENCE BE FILED AGAINST PROPERTY IN AN LLC THAT IS IN DISPUTE

A LAWSUIT HAS BEEN FILED FOR ELDER FINANCIAL ABUSE. IF THE PROPERTY ASSETS ARE FROZEN WHO DO THE TENENTS PAY RENT TO

Thomas A. Grossman answered on May 23, 2019

Without knowing all the facts, I would assume that rent payments should be put in a trust at the bank, to be released when the final results of the court hearing are known.

1 Answer | Asked in Civil Rights, Employment Law and Sexual Harassment for California on

Q: False sexual harrasment accusation & Human Resources trying to fire me ? For a irrelevant case ?

A girl went to Human Resources and told them that I left my students alone. (It was for less than a minute ) I was multitasking and my door was open. I was less than 10 feet away. Of course, HR may want to potentionally fire me for this. But my manager already gave me a warning for it. So why am I... Read more »

Neil Pedersen answered on May 23, 2019

I am sorry this is happening to you. Far more would need to be known about your situation before you could get reliable advice upon which you can govern your actions. Generally, in California you are considered to be an at will employee and your employer is allowed to discipline or terminate you... Read more »

2 Answers | Asked in Consumer Law for California on

Q: What is usury for interest charged on a $3,900 auto loan?

A friend, who is naïve and mentally-challenged received an auto loan with a principal amount of $3,900 at an interest rate of 47.99% with equally horrendous late charges. To date she has paid over $11,000 on the $3,900 and the lender is requiring $3,500 from her to pay it off. I want them to... Read more »

William John Light answered on May 23, 2019

To my understanding, there is no limit on interest rates for loans over $2,500 from a duly licensed finance lender. See Financial Code section 22007 & 22303.

leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FIN&division=9.&title=&part=&chapter=1.&article=1....
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1 Answer | Asked in Criminal Law for California on

Q: Is there a lawyer in the chico area that helps low income people

Dale S. Gribow answered on May 23, 2019

Google Legal Aid...

if it is criminal the court will appoint a public defender

2 Answers | Asked in Criminal Law for California on

Q: I got arrested for importing between 2 and 3 pounds back into Oregon. Is it a felony?

I took it home to trim. I live right by Oregon. I get paid to trim it.

Dale S. Gribow answered on May 23, 2019

more info needed but i would think so

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