California Questions & Answers by Practice Area
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California Questions & Answers
Q: Can my landlord kick me out for paperwork lost on their behalf that I can't replicate?
Gerald Barry Dorfman's answer
Assuming you do not live in a jurisdiction with eviction controls, you are now a regular month to month tenant. Because you have lived there over a year, they must generally give you 60 days notice to terminate your tenancy. They are not required to offer you a full lease renewal. You should be documenting in writing the exchanges you are having with the manager and corporate. Send a certified letter to one or the other, with a CC to the other one, explaining when the original roommate...
Assuming you do not live in a jurisdiction with eviction controls, you are now a regular month to month tenant. Because you have lived there over a year, they must generally give you 60 days notice to terminate your tenancy. They are not required to offer you a full lease renewal. You should be documenting in writing the exchanges you are having with the manager and corporate. Send a certified letter to one or the other, with a CC to the other one, explaining when the original roommate...
Q: Are step children entitled to part of the wrongful death settlement from their stepmother's death?
Gerald Barry Dorfman's answer
Generally, if they can show they were financially dependent on the deceased person, yes.
Generally, if they can show they were financially dependent on the deceased person, yes.
Q: I am starting a workman comp claim for an injury that happened in NH, I've since moved to CA. Lawyer in NH or CA?
Nancy J. Wallace's answer
New Hampshire. Nobody here will have a clue about New Hampshire codes or regulations.
New Hampshire. Nobody here will have a clue about New Hampshire codes or regulations.
Q: Who pays for the Change of Venue of a divorce case in California?
2 Answers
| Asked
in
Arbitration / Mediation Law and Divorce
for
California
on
Answered on Oct 20, 2017
Answered on Oct 20, 2017
Tobie Brina Waxman's answer
It’s a stipulation. You can choose to agree or disagree. It’s your choice.
It’s a stipulation. You can choose to agree or disagree. It’s your choice.
Q: Can I lose custody of my daughter if at the moment imnot working?Im in a toxic relationship & want out but no job.help
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Child Support
for
California
on
Answered on Oct 20, 2017
Answered on Oct 20, 2017
Tobie Brina Waxman's answer
Economics rarely, if ever, factors into custody decisions. Custody orders are based on what is in the best interest of the child. If you are awarded custody, the fact of your employment is simply evidence in support of your need for child and spousal support. Why do you want to share custody with someone you have described as "known to be violent". You need an attorney. If you cannot afford one, you can file a motion with the court asking that the court order your spouse to help pay your...
Economics rarely, if ever, factors into custody decisions. Custody orders are based on what is in the best interest of the child. If you are awarded custody, the fact of your employment is simply evidence in support of your need for child and spousal support. Why do you want to share custody with someone you have described as "known to be violent". You need an attorney. If you cannot afford one, you can file a motion with the court asking that the court order your spouse to help pay your...
Q: I am the Plaintiff in a civil matter where the opposing atty. is also my patient. Is this a conflict?
4 Answers
| Asked
in
Personal Injury and Medical Malpractice
for
California
on
Answered on Oct 20, 2017
Answered on Oct 20, 2017
Dale S. Gribow's answer
the first thing to do is to disclose all of this to your attorney.
it would be a good idea to write down all the facts and share with your lawyer.
was it just a consultation or did he become your patient.
he is alleging you hit on him and that may be in dispute thus he would have to testify to that if it becomes an issue.
you could argue or have your atty make a motion to preclude his representation.
without all the facts it is hard to say what a court...
the first thing to do is to disclose all of this to your attorney.
it would be a good idea to write down all the facts and share with your lawyer.
was it just a consultation or did he become your patient.
he is alleging you hit on him and that may be in dispute thus he would have to testify to that if it becomes an issue.
you could argue or have your atty make a motion to preclude his representation.
without all the facts it is hard to say what a court...
Q: Can law enforcement get involved with online harassment via social media?
Dale S. Gribow's answer
not sure what state or county you are in but the easiest way to find out if to contact your local police.
not sure what state or county you are in but the easiest way to find out if to contact your local police.
Q: In an intersection waiting to turn left (green light), light turns red, make turn, oncoming runs red light. Liability?
5 Answers
| Asked
in
Personal Injury, Traffic Tickets and Car Accidents
for
California
on
Answered on Oct 19, 2017
Answered on Oct 19, 2017
Dale S. Gribow's answer
liars pokers...........they will say you turned left in front of them on a green and that is illegal and you will say red and they should have stopped.
i personally do not turn left in that situation until i see the oncoming car stopping.
liars pokers...........they will say you turned left in front of them on a green and that is illegal and you will say red and they should have stopped.
i personally do not turn left in that situation until i see the oncoming car stopping.
Q: My puppy was killed by a pitbull at the dog park. Do I have any case? We took him in the big dog s ide?
William John Light's answer
Your claim is limited to the dollar value of the poodle. Dogs are considered property, so the compensation is limited to the value of the property. Being at a dog park doesn't waive your claim.
Your claim is limited to the dollar value of the poodle. Dogs are considered property, so the compensation is limited to the value of the property. Being at a dog park doesn't waive your claim.
Q: How long would my partner actually be incarcerated ? And would his time served be count?
Dale S. Gribow's answer
A lawyer really needs to have all the facts and the lawyer representing him would be the best to ask............
However he should get credit for the 2 months served already if in California. The court's minutes should show all this.
A lawyer really needs to have all the facts and the lawyer representing him would be the best to ask............
However he should get credit for the 2 months served already if in California. The court's minutes should show all this.
Q: Landlord OK'd early lease termination, now keeping deposit saying he doesn't have to return it due to breach of contract
Gerald Barry Dorfman's answer
No. You are entitled to the return of your security deposit. Make a written demand that it be immediately returned (assuming 21 days has passed), and advise that failure to comply could result in an additional award of up to two times the amount of the deposit, under Civil Code section 1950.5(l). See http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml
No. You are entitled to the return of your security deposit. Make a written demand that it be immediately returned (assuming 21 days has passed), and advise that failure to comply could result in an additional award of up to two times the amount of the deposit, under Civil Code section 1950.5(l). See http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml
Q: I'm a student on an F1 Visa in California. Can I be an independent contractor on behalf of MarketForce?
Hector E. Quiroga's answer
No. You could be putting your visa in jeopardy. F-1 visa holders are very limited in the type and amount of work they can perform.
No. You could be putting your visa in jeopardy. F-1 visa holders are very limited in the type and amount of work they can perform.
Q: Can someone be arrested if someone else says you was involved With no proof just hearsay
Dale S. Gribow's answer
you would really need more info.....but technically yes.
being arrested is often different from the DA filing or when there is a filing getting a judgement.
you would really need more info.....but technically yes.
being arrested is often different from the DA filing or when there is a filing getting a judgement.
Q: Can a father get custody of one child if he owes support for another?
Tobie Brina Waxman's answer
Custody orders are rarely, if ever, based on economics. He can get custody if his having custody is in the best interests of that child, whether he owes child support or not.
Custody orders are rarely, if ever, based on economics. He can get custody if his having custody is in the best interests of that child, whether he owes child support or not.
Q: Tax concern
Michelle D. Wynn's answer
It is hard to answer whether there will be any balance due with your tax return when you file in 2018. However, if you were claiming single/0 for the majority of the year, got married during the year (and presumably would be filing jointly with your spouse which would give you a lower tax rate than the single rate), and you only had one paycheck where no withholding was taken out, then it is unlikely you would have any balance due with your tax return. If you do have a balance due with your tax...
It is hard to answer whether there will be any balance due with your tax return when you file in 2018. However, if you were claiming single/0 for the majority of the year, got married during the year (and presumably would be filing jointly with your spouse which would give you a lower tax rate than the single rate), and you only had one paycheck where no withholding was taken out, then it is unlikely you would have any balance due with your tax return. If you do have a balance due with your tax...
Q: Can I sue a school for not providing my child an iep?
Gerald Barry Dorfman's answer
Whether a child qualifies for an IEP is not dependent on how smart they are, but whether they have a condition which meets the criteria established for students with special needs. You need to consult with an attorney who handles special education cases immediately. There is no way to make up for lost time, so do not delay.
Whether a child qualifies for an IEP is not dependent on how smart they are, but whether they have a condition which meets the criteria established for students with special needs. You need to consult with an attorney who handles special education cases immediately. There is no way to make up for lost time, so do not delay.
Q: Good evening, I was denied service and asked to leave a grocery store when I pulled out my EBT card to pay. Can I sue?
1 Answer
| Asked
in
Consumer Law, Personal Injury, Civil Rights and Constitutional Law
for
California
on
Answered on Oct 18, 2017
Answered on Oct 18, 2017
Dale S. Gribow's answer
initially anyone can sue anyone at any time for anything.
i personally would not take the case as i assume you would not be able to hire a lawyer on an hourly and damages would probably be hard to establish. Thus you could go to court and potentially get a verdict of $1
i doubt if a lawyer would take the case on a contingency.
initially anyone can sue anyone at any time for anything.
i personally would not take the case as i assume you would not be able to hire a lawyer on an hourly and damages would probably be hard to establish. Thus you could go to court and potentially get a verdict of $1
i doubt if a lawyer would take the case on a contingency.
Q: Towed by SFPD but VC/due process violations? No tow hearing request by phone, officer's notes, officer and no caution.
1 Answer
| Asked
in
Criminal Law, Traffic Tickets, Appeals / Appellate Law and Constitutional Law
for
California
on
Answered on Oct 18, 2017
Answered on Oct 18, 2017
Q: Can I get a temporary order requesting to see my son for additional days other than just Saturday & Sunday?
Tobie Brina Waxman's answer
What you would do is file a motion requesting that the existing order be modified so that you can see your son more often than just the weekend. Whether such a motion will be granted depends on how it's written, what evidence is included to show that the change would be in your son's best interest, and why you were limited to weekend visits in the first place. It would be worth it to you to consult with an attorney before trying to make this change on your own.
What you would do is file a motion requesting that the existing order be modified so that you can see your son more often than just the weekend. Whether such a motion will be granted depends on how it's written, what evidence is included to show that the change would be in your son's best interest, and why you were limited to weekend visits in the first place. It would be worth it to you to consult with an attorney before trying to make this change on your own.
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