California Questions & Answers

Q: Can a realtor ask you to sign a contract stating you can only work with him and no other broker?

3 Answers | Asked in Contracts for California on
Answered on May 24, 2017

Yes. Nothing illegal about it. Reasonable too, if you think about how brokers get paid--based on results that may take much time and expense, but no compensation as you go along.
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Q: Me and my ex-wife have a divorce agreement but she won't go by it . Are there any repercussions for this?

1 Answer | Asked in Divorce for California on
Answered on May 24, 2017

If she is violating court orders, you can file a motion for contempt. If you disagree about the appraisals, you can object in court if still timely. If the case is finalized though, you might have a basis for appeal, if time remains. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
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Q: How can primary custody of children be changed to other parent if boths parents are in agreeance?

1 Answer | Asked in Child Custody for California on
Answered on May 24, 2017

Only the court can issue custody orders. You can file for custody, and she can respond via mail filings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: Is it true if a father sighns his rights over he no longer has the to obligation to pay childsupport?

1 Answer | Asked in Family Law for California on
Answered on May 24, 2017

Generally, that's true where the parental rights are terminated via court order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: What forms need to be filed next to finalize divorce? Husband served wife and she didn't respond.

1 Answer | Asked in Divorce and Family Law for California on
Answered on May 24, 2017

A paralegal cannot provide attorney services. It sounds like you two need attorneys to help you divorce. If you're amicable, a collaborative divorce may suit you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in...
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Q: Custodial parent in prison. Does the non custodial parent have good chance to gain custody back?

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Answered on May 24, 2017

It depends on whether custody is in the child's best interests. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: My apartment complex did not give me any notices regarding eviction and threatened to proceed with the eviction process

1 Answer | Asked in Real Estate Law, Small Claims and Landlord - Tenant for California on
Answered on May 24, 2017

If the landlord didn't follow proper eviction notification procedures, you may use that as a defense. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: Can a landlord disclose personal information of a tenant to another tenant?

1 Answer | Asked in Landlord - Tenant for California on
Answered on May 24, 2017

No. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice;...
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Q: hi,my question is this I am buying a property from parents,our relation went sour,I am secondary on property paperwork ,

1 Answer | Asked in Family Law and Real Estate Law for California on
Answered on May 24, 2017

What do you mean you're "secondary"? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...
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Q: If I sold my share of a small business , and that buyer's lease gets terminated after 14 months, can he come after me?

1 Answer | Asked in Business Law for California on
Answered on May 24, 2017

It depends on the terms of your sale agreement and any contracts you made in your business with clients and 3rd parties. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: How do i go about getting a divorce if I have no idea where he's at?

1 Answer | Asked in Divorce for California on
Answered on May 24, 2017

You may need to request permission of the court to serve him via publication. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: My child support was modified to just over half my total income and I wasn't there for the hearing. Can I reduce it?

1 Answer | Asked in Family Law and Child Support for California on
Answered on May 24, 2017

Is there still time for appeal? Why weren't you present at the hearing? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
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Q: I wanted to file a trademark called Fitwise for wristband but it says one is already there under Clothing

1 Answer | Asked in Trademark for California on
Answered on May 24, 2017

Being tricky with the category is not the answer here. You should make sure you have a creative trademark that is not apt to cause brand confusion among typical consumers. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA,...
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Q: I took a leave of absence to care for a sick parent, can I be terminated?

1 Answer | Asked in Employment Law for California on
Answered on May 24, 2017

Your employer is not covered by the California Medical Leave Act or Family Rights Act because there are not 50 employees within 75 miles of the worksite where you are employed. This means that the employer is not required to hold your job open for you until you return.

The proper procedure is to first notify your employer of the need for family care leave, and even if not required by law to provide such leave, often even smaller employers will try to accommodate employee's family leave...
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Q: Should i get compensated for driving to and from job site since its out of town work and takes 1hr each way?

1 Answer | Asked in Employment Law for California on
Answered on May 24, 2017

I would take this question to the California Labor Commissioner's office. You can copy and paste this link into your browser: http://www.dir.ca.gov/dlse/dlse.html

They should be able to give you answers to this and any other question you might have about your work or working conditions or reimbursement for expenses incurred due to your job and/or work.
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Q: Own property tenants in common spouse dies want to refi the loan do you need to go through probate

1 Answer | Asked in Probate for California on
Answered on May 24, 2017

The answer depends on whether the deceased's interest is community property or separate property. It may also depend on the fair market value of the deceased's interest. However, you may also consider a loan assumption. Under current federal and California state law a surviving spouse may assume the secured loan that is not in his or her name.

You should contact an attorney of your choice to review your options.
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Q: My son is 32 years of age. I just found out that he is my son. Do I owe child support to the mother.

3 Answers | Asked in Child Support for California on
Answered on May 24, 2017

I am not an expert in child custody or support matters. However, if you have just learned about the existence of a child, be sure to verify he is your child by doing DNA testing. If the testing is positive, you cannot be held responsible for not paying child support during the time of the child's minority.

If the child's mother hid the child's existence from you for so long, you may have the right to sue her for the damages you suffered by not being in the child's life as his father for...
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Q: Can a power of attorney be legally signed after one has a signed document from a dr. Deeming one imcompetent?

1 Answer | Asked in Family Law, Estate Planning and Health Care Law for California on
Answered on May 24, 2017

The power of attorney form can be signed but it may not be effective if in fact the person signing the power of attorney has been previously declared incompetent. In order to sign a power of attorney form, the person must be able to declare that they are of sound mind and are competent to sign the document. To sign a power of attorney under such circumstances would likely be either fraudulent or even a crime of perjury, and could involve anyone who assists the incompetent in complicity with the...
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Q: Breaking our lease by 1 month. We must pay the remaining month. Can we choose not to vacate despite giving 30 day notice

1 Answer | Asked in Real Estate Law for California on
Answered on May 24, 2017

If you have a lease you have the right to stay until the lease end. If you choose to do that, you will want to notify the landlord immediately that you have decided to stay until lease end. If the landlord wants you to more early, then you can demand that you be relieved of the last month's rent.
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Q: Can a attorney file a untruth answer

1 Answer | Asked in Employment Discrimination for California on
Answered on May 24, 2017

Your question is confusing almost to the point of being unintelligible, and does not include sufficient information to allow me to give you any reliable information. If your daughter could provide more specific information about the nature of her case, who is suing/being sued etc., then I might be able to give her some real guidance.
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