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Whom ever bought the 2nd? Do I have to give my home/retirement to 2nd mortgage buyer? This is in California
answered on Dec 20, 2024
If your second mortgage foreclosed on you, you are no longer the owner of the home. There is no need to pay the first mortgage. Whoever purchased the property at the foreclosure auction will have to pay your first mortgage if they want to keep the property. All hope is not lost though, you may be... View More 
The lease for our business at a mall states "Vending machines are not allowed in the retail selling area of the store".
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answered on Dec 20, 2024
A keymaster arcade game may not be considered a vending machine under California law. According to Bus. & Prof.Code § 17571, a "vending machine" is defined as any mechanical device that operates by the insertion of a coin or other thing of value and dispenses a product, service, or... View More
My lawyer is telling me to go on medical and have them pay my hardware removal. Feeling kinda sketchy about that. I broke my ankle in the parking my employee provides for me, I was just taking a walk and the concrete was uneven and that’s when I fell and it was bimalleolar fracture. Screws on... View More
answered on Dec 20, 2024
Dear Injured Worker,
It is difficult to evaluate the value of a claim without the opportunity to review the medical records. However, the fact that you still have screws in your ankle would indicate that your claim has a higher value than $38,500. It is not unusual to seek a second opinion... View More
I’m not sure what to do I’m 29 years old with screws and rods in her ankle.
answered on Dec 19, 2024
You are not required to give up your right to medical care for your work injury. The settlement is likely based upon the findings of a Qualified Medical Evaluator (QME). The QME will help determine the value of your case by addressing your periods of temporary disability, level of permanent... View More
Yes, I'm going to work with a lawyer. I'm just trying to be informed and have some understanding.
Parents trust is old (2003) and says *if* the trust estate exceeds the estate tax exemption, then create A/B trusts. B trust gets lesser of 1/2 of estate or the estate tax exemption.... View More
answered on Dec 19, 2024
Lawyers cannot give opinions on trusts, contracts or other specific legal documents without reading the document. It's like giving someone a few pages out of a book and asking what the outcome will be. I'm sorry about that! Terms can be defined differently from one trust to another, so... View More
I would like to know if I could sue for the failure of my ankle alignment. I have been in pain from the time of the surgery.
My ankle is out of alignment by 21 degrees. So, my weight is on the side of my right foot. The surgeon made my pain worse by not aligning it the way we had agreed to do.
answered on Dec 19, 2024
The initial 3 questions are:
1. Statute of Limitations: there are strict time deadlines to bring malpractice lawsuits. For medical malpractice in California the time limit is one year from discovery with an outside time limit of 3 years. Statute of limitation calculations can be complex... View More
I have a mobile app that shares sports betting predictions. there is no gambling in my mobile app. only predictions of the results of sports matches are shared only by me. users see these predictions as paid subscribers. for example the result of the LA lakers vs Boston Celtics NBA game, Boston... View More
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answered on Dec 19, 2024
The business model described, which involves sharing sports betting predictions and odds without facilitating actual betting or linking to gambling sites, may not fall under the definition of gambling in many jurisdictions. However, the legality can vary significantly by state.
In... View More
I filed ex parte for custody visitation schedule urgently and the judge denied but scheduled for the hearing 1 month later. However, I want to withdraw the ex parte hearing. Is there a specific FL-Form I need to submit, or can I create my own document for this purpose instead of calling the... View More
answered on Dec 18, 2024
If there has been no response filed to the ex parte or a responsive declaration filed/served, you can simply call the courtroom and tell the clerk you are withdrawing your motion or aka taking your motion off calendar. You can then file a "Notice of Taking Motion/RFO Off Calendar".... View More
And diaphragm. I bled internally and passed out the next day due to blood loss. Emergency surgery to save my life at Loma Linda Medical Center. Do I have a case?
answered on Dec 18, 2024
You may have a valid medical malpractice case based on the injuries you described, including internal bleeding and emergency surgery caused by the RN’s actions. In California, medical malpractice claims must prove negligence, causation, and damages, and you may recover full economic damages... View More
Last August i had a tooth extracted in California by doctor A. Doctor A took a very long time, I felt a lot of pain, I felt all the sutures being done very very painfully. I also had a bone graft done that day. I had to wait 6 months for the next step which was the implant surgery. Went to doctor B... View More
answered on Dec 17, 2024
Yes, you may well have a case. Theses types of cases can be expensive, because you need an expert to testify that what doctor A did fell below the "standard of care". Start calling dental malpractice lawyers now. The statute of limitations for dental malpractice is short, and if you miss... View More
During this time, I was never able to reach my attorney or ever got return calls or emails. They canceled countless hearings without any notice when I took the day off of work to attend. The case never went to trial and settled for $300,000. The law firm took $200,000 of that amount plus... View More
answered on Dec 17, 2024
If you kept about 1/3 of your settlement, you did well. It also sounds like your attorney reduced his fee if you kept $100,000. Fees for a case of that age are frequently 40%. Even at a 1/3 fee, plus costs and medical expenses, you wouldn't get $100,000, unless the attorney reduced his fee.... View More
We had received notice of an involuntary separation due to position elimination and we were laid off 11/18 and they did pay us for the two weeks we worked prior on 11/18. But they didn’t pay us for the full shift we worked 11/18 until two weeks later. Is that legal or are they subject to... View More
answered on Dec 16, 2024
Employees who are discharged must be paid all wages due at the time of termination. A willful failure by the employer to comply with the final paycheck timing law gives the employee the right to receive Waiting Time Penalties equal to one day of pay times the days you are made to wait for the final... View More
answered on Dec 16, 2024
You should immediately dispute the issue with the bank (and preferably in writing). You'll likely also want to complete a police report to give to the bank to verify the identity theft and respond accordingly if the bank asks for any follow up information from you. Keep track of everything on... View More
Our irreversible trust provides that our daughter gets our home. She is of the opinion that she wants us to be able to sell the home to -rovide for senior care and residential care.
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answered on Dec 16, 2024
Often the whole point of an irrevocable trust is to avoid having to sell the home to pay for care, thus ensuring that your children will at least inherit the home if nothing else. Your care is paid for out of savings and when that runs out then Medicaid picks up the tab. When you pass your... View More
The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More
answered on Dec 15, 2024
File a trademark application with the USPTO.
Please note: the fees are non-refundable. I highly recommend using a competent trademark attorney to run a clearance search first to ensure that the mark you want to use is actually available. For example, there is a way for recently abandoned... View More
The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More
answered on Dec 16, 2024
In order to claim rights to a prior trademark you must file a trademark application with the USPTO. If the mark is abandoned and it cannot be renewed or revived then you can file a trademark application for the same or similar mark in the same class of services. I recommend using a Trademark... View More
Three of us joint tenants in California would like to put our home in the family living trust.
We plan on keeping our home in our family for generations to come.
Do you recommend one deed over another: grant, warranty, quitclaim, etc.?
Can any of the deeds cause issues for... View More
answered on Dec 13, 2024
Two quick points. First, each person needs his/her/their own trust. Person A should not put their asset into Person B's trust. Person B should put their share of the property into Person B's own trust. Second, if you don't prepare the documents EXACTLY as required by law and county... View More
Neighbor is limiting the use of my driveway. I cannot park in my own driveway where I want because of a hazardous tree.
A homeowner on my street, has a hazardous tree he refuses to remove (a very large dead Modesto Ash). The ground at the base of the tree can be seen lifting up during... View More
answered on Dec 13, 2024
You can contact the city, which may have an ordinance about diseased or dead vegetation. Code enforcement might require him to remove the tree. Otherwise, you would have to file a lawsuit alleging a nuisance, and request an injunction ordering him to remove the dead tree. You would need a... View More
I inherited the property as equally shared between my mom (decedent's sister), my sibling, and I. From prior research, I thought we would have to "assume" the mortgage, but now I see that we could be "successors of interest"? Would we be able to stay as... View More
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answered on Dec 13, 2024
IF THIS IS A HOME, pursuant to the Garn-St. Germain Act, the lender cannot call the loan due solely because the borrower died and relatives now own the home. But the lender can foreclose if the payments are past due.
Pursuant to other federal regulations, none of the inheritors must... View More
Friday, November 28, 2024, Ms. A, a 57-year-old female was taken to "Parkview Community Hospital" also known as "Doctors Hospital of Riverside, LLC" located at 3865 Jackson Street, Riverside, CA. Ms. A was sent via emergency ambulance by her boyfriend, with complaints of... View More
answered on Dec 13, 2024
This situation may involve both medical malpractice and an EMTALA (Emergency Medical Treatment and Labor Act) violation. Medical malpractice could be argued if the care provided fell below the standard expected, particularly regarding the lack of a gastroenterologist and potential delays in... View More
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