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California Questions & Answers
1 Answer | Asked in Business Law and Civil Litigation for California on
Q: Competition falsely claims “voted #1”

I own an ebike rental company in lake tahoe. My competition claims “voted #1 ebike rentals in lake tahoe”. There has never been any type of vote. We have more reviews than them and a higher rating across all platforms. To me it is clear false advertising but i am curious if an attorney... Read more »

Adam Stoddard
Adam Stoddard
answered on Jun 6, 2023

I'm not a marketing and false advertising attorney by any means, but my first impression would be that it is pure puffery and a legal statement. There may have been a vote and you just have no idea about it. For example, maybe they asked 5 local businesses who the best e-bike company is in... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for California on
Q: How can I find my mom's hospital records and medical videos taken my her team of Doctors? Riverside General hospital, ca

She was a patient was studyed due to the Arm,shoulder and left breast .8 hour surgery, three teams of Doctors ,interning . I remember my mom sighing paper work for release

James L. Arrasmith
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answered on Jun 6, 2023

To obtain your mother's hospital records and medical videos from Riverside General Hospital in California, follow these steps:

Contact the hospital and inquire about their process for requesting medical records.

Complete any required forms and provide the necessary...
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1 Answer | Asked in Family Law for California on
Q: I have a family law question, Is there such a thing as grandparents rights like to visit and talk to them

My daughter now lives in Nebraska with the girls

James L. Arrasmith
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answered on Jun 6, 2023

Yes, many jurisdictions recognize the concept of "grandparents' rights" to visitation or communication with their grandchildren. However, the specific laws regarding grandparents' rights vary from one jurisdiction to another.

In the case of your daughter living in...
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1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Had a urology procedure, 1 1/2 days later collapsed and was hospitalized for 9 days with blood poisoning. (Sepsis).

Doctor said it was rare for that to happen. So he acknowledged he got the infection from the procedure. He was in ICU with BiPap machine. Had heart attack. Had angiogram and angioplasty. What are the chances we can get help with the co-pay? This just happened May 24, 2023 through June 3, 2023. It... Read more »

James L. Arrasmith
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answered on Jun 6, 2023

Review your health insurance policy to understand coverage for complications.

Contact your insurance provider to discuss the situation and inquire about co-pay assistance.

Consider consulting with a medical malpractice attorney for legal advice.

Keep records of medical...
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3 Answers | Asked in Employment Law for California on
Q: Can I sue my previous employer?

I worked for a day before I left for other ventures and he has not paid me. It has been a couple months now and I let him know to mail it to me. I have not received anything yet, he told me to pick it up in the office but I told him I would not be able to because I work and my schedule would not... Read more »

Brad S Kane
Brad S Kane
answered on Jun 5, 2023

Yes. Pursuant to Labor Code 202(a), "Notwithstanding any other law, an employee who quits without providing a 72-hour notice shall be entitled to receive payment by mail if he or she so requests and designates a mailing address. The date of the mailing shall constitute the date of payment for... Read more »

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3 Answers | Asked in Employment Law for California on
Q: Can I sue my previous employer?

I worked for a day before I left for other ventures and he has not paid me. It has been a couple months now and I let him know to mail it to me. I have not received anything yet, he told me to pick it up in the office but I told him I would not be able to because I work and my schedule would not... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 6, 2023

If at the time you quit you instructed the employer to mail your check to a designated address, then your employer had a duty to mail your final check to you within 72 hours if your giving notice of quitting, or the last day of work, whichever is later. If you waited until some time after you quit... Read more »

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2 Answers | Asked in Employment Law and Gov & Administrative Law for California on
Q: State of California employees were paid on may 31, 2023. I have not received my pay warrant. How do I file a 2410 claim?
James L. Arrasmith
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answered on Jun 6, 2023

To file a claim under California Government Code Section 2410 regarding unpaid wages as a state employee, follow these steps:

Obtain and complete the claim form.

Gather supporting documentation.

Submit the claim form and documentation to the California State...
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2 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Is it normal for at fault insurance (not me) to deduct from my settlement amount for excessive damage for a totaled car?

My car was hit while I was parked in a parking lot, not in the car, resulting in it being damaged. Other party left a note and I made a claim on their insurance the same day. Other party’s insurance claimed fault for the accident, and once I took it to a shop, they totaled my car out. I... Read more »

Neil Anapol
Neil Anapol
answered on Jun 5, 2023

If you have collision coverage, make a claim on your own insurance and stop dealing with the other driver's insurer. Your insurer will total the car, pay you the fair market value, and then get the money back from the other driver's insurers including the deductible.

If you do...
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2 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Is it normal for at fault insurance (not me) to deduct from my settlement amount for excessive damage for a totaled car?

My car was hit while I was parked in a parking lot, not in the car, resulting in it being damaged. Other party left a note and I made a claim on their insurance the same day. Other party’s insurance claimed fault for the accident, and once I took it to a shop, they totaled my car out. I... Read more »

James L. Arrasmith
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answered on Jun 6, 2023

In situations where your car is deemed a total loss by the at-fault party's insurance company, it is not typical for them to deduct an amount for "excessive damage" from your settlement if you were not at fault in the accident. Generally, the at-fault party's insurance should... Read more »

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3 Answers | Asked in Family Law for California on
Q: I need to file for conservatorship of my son

how do i get started with that?

Robert Kane
Robert Kane
answered on Jun 5, 2023

A great place to start is the California Courts' website. It will provide you with a comprehensive overview of the process and the appropriate forms. Even this resource will not provide with everything you need to know. You will undoubtedly have questions.... Read more »

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1 Answer | Asked in Family Law for California on
Q: So my son just turned 18 he is severly autistic and i am trying to get conservatorship of him how do i start

i need to be able to manage his finances and medical decisions

Robert Kane
Robert Kane
answered on Jun 5, 2023

A great place to start is the California Courts' website. It will provide you with a comprehensive overview of the process and the appropriate forms. Even this resource will not provide with everything you need to know. You will undoubtedly have questions.... Read more »

1 Answer | Asked in Car Accidents for California on
Q: So if the other party was at fault and has lability cover shouldn’t their insurance cover the cost or repair to my

Car, because I’m being told that they won’t cover any damages or repairs for my vehicle even tho their policy holder was at fault….

William John Light
William John Light
answered on Jun 4, 2023

If everything you said was accurate, then the answer to your question would be “yes.” Insurers don’t deny claims as you have described. Either it contends you are at fault, or disputes the amount of damage, or claims that it didn’t insure the car or the driver. Have an attorney review... Read more »

1 Answer | Asked in Probate for California on
Q: As a party to a probate filing in California who need to file subpoenas, can the subpoenas be served by certified mail?

My daughter and her siblings have been denied access to financial records of their deceased father’s business by another sibling. The sibling is now running the business -she. Decided. No administrator has been chosen yet and there is no will. The sibling refusing to produce the records has... Read more »

Robert Kane
Robert Kane
answered on Jun 4, 2023

Hand deliver ("serve") a copy (not the original) of the Subpoena form to the person or business you are subpoenaing. Corporations and LLCs typically have a designated person or law firm that you need to serve (agent for service of process). Corporations or LLCs can request a different... Read more »

3 Answers | Asked in Employment Law for California on
Q: My boyfriend is a parttime employee, working over 40 hours, with no benefits. Is this illegal (california)

My boyfriend just started working at at urgent care and is labeled as a parttime employee, but as of late they've been scheduling him over 40 hours(51 hours, 49, 44, etc) per week, but he does not receive any benefits or overtime pay and is being treated like a fulltime employee, is this... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 4, 2023

The law does not require that full time employees get medical benefits. There are many full time employees who are without medical benefits.

Full or part time status has nothing at all to do with the right to receive overtime premiums. If your boyfriend works more than 8 hours in a...
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3 Answers | Asked in Employment Law for California on
Q: My boyfriend is a parttime employee, working over 40 hours, with no benefits. Is this illegal (california)

My boyfriend just started working at at urgent care and is labeled as a parttime employee, but as of late they've been scheduling him over 40 hours(51 hours, 49, 44, etc) per week, but he does not receive any benefits or overtime pay and is being treated like a fulltime employee, is this... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Jun 5, 2023

If your boyfriend is an exempt employee, he is not eligible for overtime unless he has a contract with the employer that explicitly states that he is entitled to overtime pay. If he is a non-exempt employee, he should receive overtime compensation when he works more than 8 hours per day or 40... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: If someone passes away and they are the ones on the trust then who own the home now?
Julie King
Julie King
answered on Jun 4, 2023

The trust should say what happens to an asset if the beneficiary (the person who is going to inherit the asset) dies. Often, but not always, the trust will say the gift “lapses”, which means it essentially disappears as if it had not been contained in the trust in the first place. But, each... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Is there a way to change the role of sponsorship on CEAC? I accidentally put joint instead of household member?

I put my partner as a joint sponsor but he should have been household member. I can't find a way to change that in CEAC. Is there a way?

James L. Arrasmith
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answered on Jun 3, 2023

If you made an error in designating the role of sponsorship on CEAC (Consular Electronic Application Center), such as selecting "joint sponsor" instead of "household member," it's important to correct the information as soon as possible.

Here are some steps you can...
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1 Answer | Asked in Car Accidents for California on
Q: If the other party insurance only cover liability, and not collision, why am I paying for my own deductible

Shouldn’t liability cover the damages

James L. Arrasmith
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answered on Jun 3, 2023

I understand your confusion. Liability insurance typically covers damages or injuries caused to other parties involved in an accident for which you are found legally responsible. It does not typically cover the cost of repairing your own vehicle. Collision insurance, on the other hand, is designed... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for California on
Q: I was involved in an accident.. where i was turning on a yellow light and a car hit me coming from the opposite side..

car hit me while i was about to turn left on a street.. the light was yellow in my view.. while i was turning then a truck hit me.. i had no injuries and yet the car that hit me left in a stretcher.. and i was in a u haul moving truck and the other driver also had truck like a ford.. police took... Read more »

James L. Arrasmith
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answered on Jun 3, 2023

In a situation where you have been involved in an accident and there is a dispute about fault, it's essential to consult with an attorney who specializes in personal injury or car accident cases. They will be able to provide you with specific advice based on the details of your case and the... Read more »

1 Answer | Asked in Car Accidents for California on
Q: If the other party insurance only cover liability, and not collision, why am I paying for my own deductible

Shouldn’t liability cover the damages

James L. Arrasmith
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answered on Jun 3, 2023

Liability insurance typically covers damages to the other party involved in an accident if you are found responsible for the incident. It does not cover the damages to your own vehicle. Collision insurance, on the other hand, is designed to cover the damages to your own vehicle in the event of a... Read more »

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