California Questions & Answers by Practice Area
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California Questions & Answers
Q: The executor/trustee of my mother's trust has not provided an accounting with bill payments, receipts, actions, etc.
1 Answer
| Asked
in
Estate Planning and Legal Malpractice
for
California
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Genene N. Dunn's answer
You usually have to start with a request as you have done so and the law typically gives them 60 days to respond. If you still aren't provided with the proper information by then your only recourse is to file a trust petition with the court. This is not a full lawsuit, but rather a petition asking for certain things from the court. It could result in litigation, but it does not automatically go there.
You usually have to start with a request as you have done so and the law typically gives them 60 days to respond. If you still aren't provided with the proper information by then your only recourse is to file a trust petition with the court. This is not a full lawsuit, but rather a petition asking for certain things from the court. It could result in litigation, but it does not automatically go there.
Q: Where can I find records of a judge’s decisions and when he has worked with previously?
Ronald Mahurin's answer
You will never succeed by calling the WCJ a liar. You are setting yourself up for a hard fall. The only time there is a record of what the WCJ says is when there is a court reporter transcribing what occurs in the courtroom. Otherwise, the only record is the minutes of hearing, which you probably received at the hearings you attended. The MSC judge can make suggestions to the trial judge about limiting your presentation, but the trial judge has the final say. So even if the judge makes...
You will never succeed by calling the WCJ a liar. You are setting yourself up for a hard fall. The only time there is a record of what the WCJ says is when there is a court reporter transcribing what occurs in the courtroom. Otherwise, the only record is the minutes of hearing, which you probably received at the hearings you attended. The MSC judge can make suggestions to the trial judge about limiting your presentation, but the trial judge has the final say. So even if the judge makes...
Q: Does a spouse have to sign a deed of trust if it is the sole and separate property of the other spouse in California
Thomas A. Grossman's answer
It is probably not required, but the lenders will usually require that both parties sign the loan papers.
It is probably not required, but the lenders will usually require that both parties sign the loan papers.
Q: Hello, do product patents cover all similar designs or just the design of the patented item?
Kevin E. Flynn's answer
The focus needs to be on the patent claims. Not the title of the patent. Not the drawings. Not the abstract. Not the details in the specification. You cannot make something that has all the nouns, verbs, and other requirements that exist in an independent claim in a patent. Some claims are dependent claims that reference another claim and add another limitation. To infringe a dependent claim you have to infringe an independent claim and have the details of the dependent claim too....
The focus needs to be on the patent claims. Not the title of the patent. Not the drawings. Not the abstract. Not the details in the specification. You cannot make something that has all the nouns, verbs, and other requirements that exist in an independent claim in a patent. Some claims are dependent claims that reference another claim and add another limitation. To infringe a dependent claim you have to infringe an independent claim and have the details of the dependent claim too....
Q: I am looking for a patent attorney to research and file a design patent.
Kevin E. Flynn's answer
First, you are lucky as there are far fewer patent attorneys than attorneys as a patent attorney needs two different things, a bar license from a state and a patent registration from the United States Patent and Trademark Office. But, you can pick a patent attorney from anywhere in the country. You may want to ask your trusted general business attorney for a recommendation. Most of my new clients come from a referral from their attorney.
Another way to attack this is to look at some...
First, you are lucky as there are far fewer patent attorneys than attorneys as a patent attorney needs two different things, a bar license from a state and a patent registration from the United States Patent and Trademark Office. But, you can pick a patent attorney from anywhere in the country. You may want to ask your trusted general business attorney for a recommendation. Most of my new clients come from a referral from their attorney.
Another way to attack this is to look at some...
Q: We live in California Sonoma county lawyer asking for double what lien states.
Gerald Barry Dorfman's answer
Generally in California, judgements earn 10% interest per year. Certain costs can be added to judgements as well. If a judgement also provides for attorney fees, those can also be added.
Generally in California, judgements earn 10% interest per year. Certain costs can be added to judgements as well. If a judgement also provides for attorney fees, those can also be added.
Q: I had a dui 4yrs ago. I been a permanent resident for 9 yrs and my green card will expire in December 2019.
Kelli Y Allen's answer
You can apply but run the risk of being denied based on lack of good moral character because of the DUI conviction (assuming you were convicted/pleaded guilty). I advise waiting, not just 5 years from the incident date, but 5 years from the date you satisfied all conditions in the judgment. So it you were put on probation for a year, you would need to wait 5 years from the date you completed probation before submitting the naturalization application to be outside the 5-year GMC period.
You can apply but run the risk of being denied based on lack of good moral character because of the DUI conviction (assuming you were convicted/pleaded guilty). I advise waiting, not just 5 years from the incident date, but 5 years from the date you satisfied all conditions in the judgment. So it you were put on probation for a year, you would need to wait 5 years from the date you completed probation before submitting the naturalization application to be outside the 5-year GMC period.
Q: Owed 9 days of work release, picked up on warrant, has been in for 16 days with no bail?
Dale S. Gribow's answer
need more info.
he did not serve time per court order but per outstanding bench warrant for not complying with court order.
he needs to talk to his lawyer or ask for court lawyer.
need more info.
he did not serve time per court order but per outstanding bench warrant for not complying with court order.
he needs to talk to his lawyer or ask for court lawyer.
Q: I want to drop charges against my husband not produced the case for penal code 591.5 I think. I was so upset.
Ali Shahrestani, Esq.'s answer
The DA's office decides whether to bring or drop charges. If you're a material witness, you might be subpoenaed by the DA to participate in the trial. You can contact the DA's office to discuss your options, preferably via counsel. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications...
The DA's office decides whether to bring or drop charges. If you're a material witness, you might be subpoenaed by the DA to participate in the trial. You can contact the DA's office to discuss your options, preferably via counsel. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications...
Q: Can i be charged for damages to a hotel room if i wasn’t in it, break in was witnessed by employee, no police called?
Scott Richard Kaufman's answer
Sounds like you ARE being charged.
Sounds like you have a defense.
Wish it were better for you, but, hopefully, you will do fine...
Sounds like you ARE being charged.
Sounds like you have a defense.
Wish it were better for you, but, hopefully, you will do fine...
Q: I havent complete my community service do in people vs brandon dionte willis apply
Dale S. Gribow's answer
more info needed
if you have not completed community service then you are in violation of the terms and conditions of your plea/conviction and a bench warrant for your arrest will issue.
contact a lawyer asap
more info needed
if you have not completed community service then you are in violation of the terms and conditions of your plea/conviction and a bench warrant for your arrest will issue.
contact a lawyer asap
Q: Doctor punched my infected kidney & nurse gave me a shot in but cheek which paralyzed me for 3 days after hitting nerve.
2 Answers
| Asked
in
Personal Injury, Medical Malpractice and Public Benefits
for
California
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
William John Light's answer
It is highly unlikely that you were "punched" by a doctor in the course of medical treatment, unless you were being uncooperative and a danger to yourself or others. If that actually happened, contact the Medical Board. http://www.mbc.ca.gov/Consumers/Complaints/
If your complaints of "punching" are sustained, a personal injury attorney might be interested in taking your case.
With regard to the shot in the cheek, if your paralysis has resolved, and if that condition was the...
It is highly unlikely that you were "punched" by a doctor in the course of medical treatment, unless you were being uncooperative and a danger to yourself or others. If that actually happened, contact the Medical Board. http://www.mbc.ca.gov/Consumers/Complaints/
If your complaints of "punching" are sustained, a personal injury attorney might be interested in taking your case.
With regard to the shot in the cheek, if your paralysis has resolved, and if that condition was the...
Q: wife moved out 2 ago and is still on title to the house. Is it trespassing for her to enter the without permission
Ali Shahrestani, Esq.'s answer
What is the status of the divorce and the community property division? Are there any related restraining orders or property division orders? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the...
What is the status of the divorce and the community property division? Are there any related restraining orders or property division orders? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the...
Q: Can a grandfather have custody of kids if the father is in another country and the mom is unfit.
Ali Shahrestani, Esq.'s answer
The grandparents may need to file for guardianship rights in court. See: http://www.courts.ca.gov/selfhelp-guardianship.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the...
The grandparents may need to file for guardianship rights in court. See: http://www.courts.ca.gov/selfhelp-guardianship.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the...
Q: Is there a way i can get out of my home security contract if i have paid the equipment and no longer need their service.
Ali Shahrestani, Esq.'s answer
It's key to have a lawyer review the terms of your contract to determine your rights and duties, as well as the surrounding circumstances to determine whether there may be a paths forward for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...
It's key to have a lawyer review the terms of your contract to determine your rights and duties, as well as the surrounding circumstances to determine whether there may be a paths forward for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...
Q: I live with my tenants. One of them gave his girlfriend a key and access code to the house. Can I say no?
Ali Shahrestani, Esq.'s answer
If you didn't make a proper lease contract with your tenants, that may have complicated the issue. Next time, consult with an attorney to help you draft a thorough lease to help avoid such problems. If he's provided a key to his guest who is generally living in the home, you may be able to ask him to stop depending on the facts and the content of your lease. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
If you didn't make a proper lease contract with your tenants, that may have complicated the issue. Next time, consult with an attorney to help you draft a thorough lease to help avoid such problems. If he's provided a key to his guest who is generally living in the home, you may be able to ask him to stop depending on the facts and the content of your lease. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
Q: I am trying to divorce an inmate in the federal prison system, How do I do this?
Ali Shahrestani, Esq.'s answer
You can file for divorce in court and serve him with the papers via a paid Process Server. See: http://www.courts.ca.gov/1033.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the...
You can file for divorce in court and serve him with the papers via a paid Process Server. See: http://www.courts.ca.gov/1033.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the...
Q: Is it illegal for my doctor to give out my name and number even if it's not a medical inquiry?
Dale S. Gribow's answer
UNDER HIPPA A DOC CAN NOT RELEASE YOUR MED INFO.
IF IT IS REGARDING A CRIMINAL ACT OR TRAFFIC ACCIDENT A DOC COULD PROVIDE YOUR INFO AS A SUSPECT.
UNDER HIPPA A DOC CAN NOT RELEASE YOUR MED INFO.
IF IT IS REGARDING A CRIMINAL ACT OR TRAFFIC ACCIDENT A DOC COULD PROVIDE YOUR INFO AS A SUSPECT.
Q: CaseDismissed 09 released.Recently received a trafficticket.Cop informed me of a outstanding warrant.Y was I not infor
Dale S. Gribow's answer
CONTACT A CRIMINAL LAWYER IN YOUR AREA.
WHERE IS THE CASE AND I WILL GIVE YOU SOME NAMES..........
DALE GRIBOW 760 8377500
EITHER COURT MISTAKE OR CASE WAS NOT DISMISSED. OFTEN IN INDIO YOU GO TO COURT AND THERE IS NO CASE THERE. THAT DOES NOT MEAN IT WAS DISMISSED. IT JUST HAD NOT BEEN FILED YET. SOMEONE NEEDS TO CHECK FOR YOU.
CONTACT A CRIMINAL LAWYER IN YOUR AREA.
WHERE IS THE CASE AND I WILL GIVE YOU SOME NAMES..........
DALE GRIBOW 760 8377500
EITHER COURT MISTAKE OR CASE WAS NOT DISMISSED. OFTEN IN INDIO YOU GO TO COURT AND THERE IS NO CASE THERE. THAT DOES NOT MEAN IT WAS DISMISSED. IT JUST HAD NOT BEEN FILED YET. SOMEONE NEEDS TO CHECK FOR YOU.
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