California Questions & Answers by Practice Area
- Bankruptcy
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- Gov & Administrative Law
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- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
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- Securities Law
- Sexual Harassment
- Small Claims
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- Wrongful Death
California Questions & Answers
Q: I need financial help and a good divorce/domestic violence/ mental health lawyer. Over turn settlement?
1 Answer
| Asked
in
Domestic Violence and Health Care Law
for
California
on
Answered on Nov 15, 2018
Answered on Nov 15, 2018
Dale S. Gribow's answer
a lawyer needs more info
the person in the best position to answer your questions is the lawyer who helped initially.
how long ago was settlement?
a lawyer needs more info
the person in the best position to answer your questions is the lawyer who helped initially.
how long ago was settlement?
Q: What do I need to do when my ex stops paying court ordered support? Can I file papers without a lawyer?
Angelina Bradley's answer
Can you? Yes. Your odds will likely be better with an attorney on your side. And the family code (FC 3557) permits you to recover attorney fees because you had to bring a motion to collect court-ordered support.
You will need to file a Request for Order for enforcement of support and setting of arrears. You should probably ask for an income withholding order. You may have additional options.
If you must move forward without counsel, please go to your county’s family law...
Can you? Yes. Your odds will likely be better with an attorney on your side. And the family code (FC 3557) permits you to recover attorney fees because you had to bring a motion to collect court-ordered support.
You will need to file a Request for Order for enforcement of support and setting of arrears. You should probably ask for an income withholding order. You may have additional options.
If you must move forward without counsel, please go to your county’s family law...
Q: Should I do as he is requesting
Angelina Bradley's answer
You really need to speak with an attorney to discuss the consequences of agreeing to everything he asks for. California is a community property state. You’re in a long-term marriage. I would hate to see you put yourself in a position that puts you in a worse place than where the law would put you if you asked for basic support and let the judge decide.
Contact an attorney. Many offer free consultations. Some, like me, offer payment plans. With the income differential, an attorney fee...
You really need to speak with an attorney to discuss the consequences of agreeing to everything he asks for. California is a community property state. You’re in a long-term marriage. I would hate to see you put yourself in a position that puts you in a worse place than where the law would put you if you asked for basic support and let the judge decide.
Contact an attorney. Many offer free consultations. Some, like me, offer payment plans. With the income differential, an attorney fee...
Q: If defendant driver loses in Sm. Cl. Court, does his insurance company have to pay judgment per their Duty to Indemnify?
William John Light's answer
They will pay unless there is a coverage defense, such as policy lapse, failure of the insured to cooperate, etc.
They will pay unless there is a coverage defense, such as policy lapse, failure of the insured to cooperate, etc.
Q: A former friend gave me her dog because she's a homeless alcoholic. When is the dog legally mine?
William John Light's answer
If she gave you the dog, as in gifted it to you, it's yours. However, it seems that you agreed to care for the dog while your friend was in need, and then return it. Spending money on the dog, for which you offered to care, doesn't make it yours.
It seems that the veterinary care might be beyond the scope of what you offered, though. If you don't want to spend the money, then either contact the friend and return it, or surrender it to Animal Control.
If you want to...
If she gave you the dog, as in gifted it to you, it's yours. However, it seems that you agreed to care for the dog while your friend was in need, and then return it. Spending money on the dog, for which you offered to care, doesn't make it yours.
It seems that the veterinary care might be beyond the scope of what you offered, though. If you don't want to spend the money, then either contact the friend and return it, or surrender it to Animal Control.
If you want to...
Q: I got into car accident en route to a worker's compensation hearing. I'm having pain. Can I file a work injury claim?
Ronald Mahurin's answer
No. This is not considered part of your WC case. Only travel to medical appointments is covered.
No. This is not considered part of your WC case. Only travel to medical appointments is covered.
Q: Need a attorney for a denial from from Calpers industrial disability application
Timur Akpinar's answer
I do not practice in California but your question remains open for three weeks. A consultation with an attorney in your state who handles disability claims should be able to provide guidance with the denial.
Tim Akpinar
I do not practice in California but your question remains open for three weeks. A consultation with an attorney in your state who handles disability claims should be able to provide guidance with the denial.
Tim Akpinar
Q: I am trying to find out when the person that I have a 5 year retraining order has to clear his stuff out of my garage
Dale S. Gribow's answer
more info needed.
i assume the police will be there when he moves out to protect the peace?
call police to coordinate the removal asap
more info needed.
i assume the police will be there when he moves out to protect the peace?
call police to coordinate the removal asap
Q: Small Claims. Can I sue at fault driver's insurance company for denying my claim, or do I sue driver?
2 Answers
| Asked
in
Personal Injury, Car Accidents and Small Claims
for
California
on
Answered on Nov 15, 2018
Answered on Nov 15, 2018
Q: If an individual is at a sheriffs work program and is caught with a controlled substance, so they get arrested.
Dale S. Gribow's answer
much more info needed.
it is complicated b/c of the violation of the work order. Technically it is a violation of the what i assume was a probation period from a conviction or plea.
you should ask the lawyer who handled the underlying case.
they had an obligation to get a defendant to court right away but it sounds like they held off arresting ........is that the case?
much more info needed.
it is complicated b/c of the violation of the work order. Technically it is a violation of the what i assume was a probation period from a conviction or plea.
you should ask the lawyer who handled the underlying case.
they had an obligation to get a defendant to court right away but it sounds like they held off arresting ........is that the case?
Q: I had a trail for my Divorce and the judge didn't even hear my side. What can I do?
Angelina Bradley's answer
If the statement of decision hasn't been issued yet by the judge, I'd hold off on worrying for now. I've often had self-represented parties come to be, believing their side of the story wasn't heard, only to have the statement of decision come out in their favor. That may be the case here. Judges are pretty good about knowing which facts matter and following the law -- it may have been in your case that the law and facts were pretty clear. Not getting to say everything you wanted to say is not...
If the statement of decision hasn't been issued yet by the judge, I'd hold off on worrying for now. I've often had self-represented parties come to be, believing their side of the story wasn't heard, only to have the statement of decision come out in their favor. That may be the case here. Judges are pretty good about knowing which facts matter and following the law -- it may have been in your case that the law and facts were pretty clear. Not getting to say everything you wanted to say is not...
Q: Want to file to bankruptcy how can I do this being low income? Is there financial help with filing or a waiver?
Timothy Denison's answer
You may be able to get a reduced rate attorney by contacting your local bar association or legal aid society.
You may be able to get a reduced rate attorney by contacting your local bar association or legal aid society.
Q: How do I find if there have been any complaints filed against a company in either state or federal court ?
Vernon Charles Tucker's answer
You could run a search on Public Access Court Electronic Records (PACER) to look for any Federal Lawsuits filed. As to the state court search you can log into a service like Westlaw and run a docket search or simply search the court you feel the lawsuit would be filed in like Los Angeles Superior Court and search by the party name.
You could run a search on Public Access Court Electronic Records (PACER) to look for any Federal Lawsuits filed. As to the state court search you can log into a service like Westlaw and run a docket search or simply search the court you feel the lawsuit would be filed in like Los Angeles Superior Court and search by the party name.
Q: How do I get my sisters cold murder case pulled from a district attornies office siting conflict of interest?
Dale S. Gribow's answer
much more info needed.
i assume you are asking how a new prosecuting agency is appointed to take over?
the first thing you need to do is hire a lawyer to represent your sister.
has she ever been to court?
did she request a PD?
that person who is familiar with all the evidence is the one to evaluate this question.
much more info needed.
i assume you are asking how a new prosecuting agency is appointed to take over?
the first thing you need to do is hire a lawyer to represent your sister.
has she ever been to court?
did she request a PD?
that person who is familiar with all the evidence is the one to evaluate this question.
Q: Worked as a "per diem" physician at Kaiser. Injured in parking lot after shift. Worker's Comp vs peronal injury?
4 Answers
| Asked
in
Employment Law and Workers' Compensation
for
California
on
Answered on Nov 14, 2018
Answered on Nov 14, 2018
William John Light's answer
Workers comp is a virtually guaranteed recovery. Even though you were off work, being injured in the parking lot will be considered.
Alternatively, PI claim will also be possible. Recovery is less certain, but larger. I don't believe that both claims will be allowed so you will have to choose. If you choose PI, and it is determined that your claim is barred by workers comp., you should then be allowed to pursue the workers comp claim.
Take photos of the area of the fall,...
Workers comp is a virtually guaranteed recovery. Even though you were off work, being injured in the parking lot will be considered.
Alternatively, PI claim will also be possible. Recovery is less certain, but larger. I don't believe that both claims will be allowed so you will have to choose. If you choose PI, and it is determined that your claim is barred by workers comp., you should then be allowed to pursue the workers comp claim.
Take photos of the area of the fall,...
Q: Do you have any statutes for a) Motion to Dismiss Complaint, and/or b) Motion for Sanctions?
Thomas A. Grossman's answer
Generally it is up to the Judge to respond to a Motion to Dismiss a case. You can find most of the forms by going to your computer and pulling up the local Branch of the County Court you are in. Then search around that website and you should come up with a Form for your motion. Since I know little about your case (I assume you are in a lawsuit), I can only guess. If you are going to file a motion to dismiss, be sure that you have all the paperwork you need. You will have to support it with...
Generally it is up to the Judge to respond to a Motion to Dismiss a case. You can find most of the forms by going to your computer and pulling up the local Branch of the County Court you are in. Then search around that website and you should come up with a Form for your motion. Since I know little about your case (I assume you are in a lawsuit), I can only guess. If you are going to file a motion to dismiss, be sure that you have all the paperwork you need. You will have to support it with...
Q: My kids and my wife are affraid of getting into car because of recent drunk driver accident.
William John Light's answer
You, and they, have good PI cases. Contact a PI attorney to discuss it in detail. You need to get medical treatment for a diagnosis of your injuries and off work order to justify any loss of wages. Take photos of visible injuries, damage to the vehicles and collision site. If the other party doesn't have insurance, or has minimal limits, your UM or UIM coverage will apply. It doesn't cost anything to talk to a PI attorney about a case.
You, and they, have good PI cases. Contact a PI attorney to discuss it in detail. You need to get medical treatment for a diagnosis of your injuries and off work order to justify any loss of wages. Take photos of visible injuries, damage to the vehicles and collision site. If the other party doesn't have insurance, or has minimal limits, your UM or UIM coverage will apply. It doesn't cost anything to talk to a PI attorney about a case.
Q: I received a letter from a insurance company that said i owed $4,000 dollars in damages from a car that was a trade in
1 Answer
| Asked
in
Car Accidents, Contracts, Insurance Bad Faith and Insurance Defense
for
California
on
Answered on Nov 14, 2018
Answered on Nov 14, 2018
William John Light's answer
You should have filed a Notice of Transfer and Release of Liability with DMV when you traded in the vehicle. https://www.dmv.ca.gov/portal/dmv/detail/online/nrl/welcome
However, the question is not what you need to prove that you don't own the car, but what the insurer/plaintiff needs to do to prove that you do own it. I would question it in writing how it intends to prove your ownership of a vehicle that you sold in 2012. The plaintiff has the burden of proof, not you. I would give...
You should have filed a Notice of Transfer and Release of Liability with DMV when you traded in the vehicle. https://www.dmv.ca.gov/portal/dmv/detail/online/nrl/welcome
However, the question is not what you need to prove that you don't own the car, but what the insurer/plaintiff needs to do to prove that you do own it. I would question it in writing how it intends to prove your ownership of a vehicle that you sold in 2012. The plaintiff has the burden of proof, not you. I would give...
Q: What should be my next step?
William John Light's answer
It's not even clear that you have a legitimate "next step." You took money from your insurance company for property damage. Per your insurance contract, and principals of equity, your insurer now owns your right to pursue the at fault party for your property damages. That is a claim which cannot be divided between the two of you, and pursued at different times in different lawsuits. If you want to go after the construction company for some other property losses, you need your insurer's...
It's not even clear that you have a legitimate "next step." You took money from your insurance company for property damage. Per your insurance contract, and principals of equity, your insurer now owns your right to pursue the at fault party for your property damages. That is a claim which cannot be divided between the two of you, and pursued at different times in different lawsuits. If you want to go after the construction company for some other property losses, you need your insurer's...
Q: Can a court appointed referee charge me 10,000 per month evermonth the house is on market?
David J. O'Connell's answer
The answer to your question will depend entirely on what the Court's partition order says. If the court has ordered a partition, and limited the fees as you suggest, then the referee's fees cannot exceed the court order. But, if the court order states a certain fee to be paid to the referee for his/her services, but leaves out the allowance for costs or commissions, the referee may be within his/her rights to bill the amount you recite.
If you are represented by counsel, and you...
The answer to your question will depend entirely on what the Court's partition order says. If the court has ordered a partition, and limited the fees as you suggest, then the referee's fees cannot exceed the court order. But, if the court order states a certain fee to be paid to the referee for his/her services, but leaves out the allowance for costs or commissions, the referee may be within his/her rights to bill the amount you recite.
If you are represented by counsel, and you...
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