Lawyers, Answer Questions  & Get Points Log In
California Questions & Answers
1 Answer | Asked in Medical Malpractice for California on
Q: My disabled daughter recently had knee surgery. She was rx- oxycodone +ativan w/o narcan. Had to call 911 due to od sym.

She is 14, developmentally+intellectually delayed +sensory processing disorder, verbal,borderline nonverbal due to inability to get accurate, straight answers from her, or her inability to communicate in intelligible expressive language in an inquisitive setting, inability to accurately... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Feb 3, 2023

If she has ongoing problems due to the malpractice a malpractice case may be warranted. In any event, you should consult with an experienced attorney.

General Notices: This is not legal advice, it is only general information. No attorney client relationship is established by this response....
Read more »

1 Answer | Asked in Employment Law for California on
Q: What do you do if your former employer tries to pay you after receiving a notice of wage claim hearing?

My former employer received a notice of wage claim hearing with all the penalties he owes and ran a payroll run to pay me via direct deposit. He didn't even pay me the correct amount owed and didn't provide a paycheck stub so I could verify the amount of the missing week of pay and the... Read more »

Brad S Kane
Brad S Kane
answered on Feb 3, 2023

The payment should be credited against your total claim, including penalties. It should not result in a "cancellation" of your claim.

2 Answers | Asked in Employment Law for California on
Q: My employer has been taking $10 off of every paycheck I've received in the last 6 years for a "free wellness center" x?

My employer says we have a "free wellness center" for all employees, but takes $10 from every paycheck I've received for the last 6 years. Is this legal? Ive never used this "free wellness center" so why do I have to pay for something I don't use? I never signed... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Feb 2, 2023

It is unlawful for an employer to deduct any money from a paycheck other than regular payroll taxes unless you have authorized those deductions in writing (such as repayment of loans, overpayment, insurance premiums, etc.)

I suggest you consult an employment law attorney who will further...
Read more »

View More Answers

1 Answer | Asked in Legal Malpractice for California on
Q: Trust attorney drafted wrong type of trust for my dad. Is that legal malpractice?

I have gotten a court deposition that he admitted to not creating the right trust. The trust created was power of appointment and he asked for restricted A/B with my stepmom.

Joel Gary Selik
Joel Gary Selik
answered on Feb 2, 2023

Yes it may be. An experienced legal malpractice attorney needs to review the facts, including the financial losses due to the malpractice.

2 Answers | Asked in Estate Planning and Health Care Law for California on
Q: Can someone be the healthcare advance directive and handle the estate of a patient?

Can someone be the advanced healthcare directive and also be the appointed person to handle the patients estate/will?

The patience is being given seizure medicine daily. He cannot recall things that happened the same day and get names.locations and dates confused.

Is this legally allowed?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 2, 2023

A natural person cannot be an advance healthcare directive because that is a legal document and people are not legal documents, but a natural person could serve as the person appointed as health care agent under an advance healthcare directive or medical power of attorney. The same person serving... Read more »

View More Answers

1 Answer | Asked in Construction Law and Employment Law for California on
Q: After how many consecutive days of no work, can you determine a contractor has abandoned the job?

California contractor walked out of job claiming he needed payment, and has not returned for 60 days. Job approximately 90% complete and payment of 80% made. However, many errors on project (ie. contractor painted schluter as wrong color installed, 4" vs 6" backsplashed installed,... Read more »

Adam Stoddard
Adam Stoddard
answered on Feb 2, 2023

You may want to get an attorney involved. Often times I have found that simply having an attorney send a demand letter to the contractor, that motivates the contractor to complete the project in a timely manner. I am representing two homeowners right now with a similar set of facts. As soon as I... Read more »

1 Answer | Asked in Contracts, Employment Law and Arbitration / Mediation Law for California on
Q: Can I sue a freelancer on upwork or just upwork?

Going through arbitration on Upwork for work not delivered by a freelancer. Just wondering, if the arbitration team decides to take the side of the freelancer - can I sue? Since that's supposed to be the final decision. I don't know the decision yet but I have substantiative proof that... Read more »

Neil Pedersen
Neil Pedersen
answered on Feb 2, 2023

No one can advise you about whether you can appeal the arbitration decision or otherwise sue without looking at the contract. However the best that can be done is say that usually arbitration agreements preclude any other form of legal action, and even appealing an arbitration award is very... Read more »

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: California Lease Transfer - Question Regarding Security Deposit

Lived in LA and found a listing for someone who was looking to get out of their existing lease early (not a sublease).

An addendum was signed by all parties (the former tenant, myself, and property manager), stating that my name would be added to the lease and that the former tenant's... Read more »

John Michael Frick
John Michael Frick
answered on Feb 2, 2023

It looks like the landlord is keeping the previous tenant’s security deposit as your security deposit in lieu of refunding the previous tenant’s and you depositing a new one. So you have been unjustly enriched unless you repay the previous tenant.

1 Answer | Asked in Business Law and Criminal Law for California on
Q: Can I train to be a lawyer in both criminal law and business/corporate?
Julie King
Julie King
answered on Feb 1, 2023

When you go to law school, you need to take all the courses that are tested on the Bar Exam so you are not learning new subjects at the same time as you are reviewing laws and studying for the exam. Corporations and Criminal law are tested on most bar exams (the subjects vary by state.) If those... Read more »

1 Answer | Asked in Gov & Administrative Law and Personal Injury for California on
Q: Yes my neighbor roof blew off an damaged my car. I feel the roof was not installed right. There were 3 sets of shingles

On the roof and the staples they used was not long enough to go through all of them to the wood. They were not Pieces of roof they were hole shingles. There roof was the only one the blew off. My roof has been.on for 30 years and nothing happen to it. I'm talking about alot of there roof.

Tim Akpinar
Tim Akpinar
answered on Feb 1, 2023

A California attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney for state-specific guidance, there are a couple of ways to handle these types of situations in general nationwide. If you have a comprehensive auto... Read more »

1 Answer | Asked in Criminal Law, Insurance Defense and Wrongful Death for California on
Q: Is there a way I can sue my cousin for possibly causing a money fraud with my fathers death?

My cousin quickly took it in his hands to find the funeral services for my father when he passed. Claimed to pay for all expenses. But he told the mortuary that my father had no children and had an uncle sign papers. I found this out myself and changed the papers. He then insulted my mom and I, and... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Feb 1, 2023

you can always sue anyone for anything.......

the issues are will you win and can you find a lawyer that will gamble with you rather than asking for a retainer for hourly representation?

check his phone book/contacts for lawyers to try to find the one that prepared the will....
Read more »

1 Answer | Asked in Criminal Law for California on
Q: If the police have a search warrant for an address why would they stand outside for two hours until everyone came out

The police stood outside saying they had warrant but never gave it to the ones detained or the property owner when she asked. They mailed the search warrant a 10 days after raid.

Dale S. Gribow
Dale S. Gribow
answered on Feb 1, 2023

if you are being charged with a crime explain to your local criminal lawyer what you are explaining here.

they are supposed to show you the Warrant signed by a judge.

1 Answer | Asked in Medical Malpractice for California on
Q: I have, apparently, a medical malpractice case regarding a dental surgery. I was communicating with a personal injury at

I was just informed yesterday that it's more of a medical malpractice which has a one-year timeline. However, a different attorney told me that it is the 3-year timeline for medical malpractice. I need clarification. Since I thought I had it handled with this attorney who turns out to be... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Feb 1, 2023

In California the medical malpractice statute of limitation is one year. In certain circumstances, it can be extended to three years, for example, if it was not discovered within the first year.

1 Answer | Asked in Medical Malpractice for California on
Q: Surgical procedure to plantar fascia was done incorrectly, doctor neglected, and ignored complaints and then walkd away.

Doctor performed plantar fascia release and heel spur removal, after 1yr of remaining in walking boot, and complaining of new pain, he gave up on me. I had to find another doctor and was told by new doctor that the other doctor cut too low from area of the chief complaint is and into the area... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Feb 1, 2023

Yes you have a potential medical malpractice case. Consult with experienced attorneys. You can search for attorneys in this website, https://www.justia.com/lawyers

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: What is the statute of limitations to file a medical malpractice lawsuit?
Joel Gary Selik
Joel Gary Selik
answered on Feb 1, 2023

In California: Generally it is one year. But if it is against a government entity you must file a claim within 6 months. There are exceptions and requirements, etc.

This is only general legal information and is not legal advice. You may not rely on this general information for your...
Read more »

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California on
Q: Best way to obtain compensation over $50k from corp landlord that filed UD against me, cross complaint or Civil suit

Los Angeles Ca

Jury Trial set in the next 48 hours. Trying to figure out how to obtain compensation for slumlord that is trying to evict me for "non payment" even though they were over paid, and after I contacted the city and county?

Compensation in cross/counter claim... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 31, 2023

To me, I'd hire an attorney, with that much money at stake and super fast, since you are saying trial is in two days???

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: can I file a New Use Patent if someone else has rights to the product?

I read this on this site under New Use Patents: a "second company" is awarded a new use patent.

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

Yes, this is common. Inventor A gets a patent for an invention, and then inventor B files for an improvement to the invention. Inventor A cannot practice the improved version because inventor B has a patent on it, and Inventor A cannot practice either the original invention nor the improved... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I believe I am a victim of retaliation by my supervisor at work

The supervisor at my work told the foreman to only call me over the radio and not to call any of the other workers in efforts to make it sound like I am unreachable. My radio had a bad connection so it works on and off threw out the day

Maya L. Serkova
Maya L. Serkova
answered on Jan 31, 2023

More information needs to be known in order to advise if you have a meritorious legal claim or not. Keep in mind, however, that not all forms of retaliation are actionable. Retaliation is unlawful only if the act that caused the retaliation is considered to be legally protected conduct. Most forms... Read more »

1 Answer | Asked in Criminal Law for California on
Q: When my wife got fired without cause in 1999, she was pressured to sign a release form.

The release form that was drafted by her boss' lawyer states that she can't ever sue him or his descendants ever again for any reason what-so-ever! Question: Is it legal to deny a remedy to an unforeseen future crime?

Dale S. Gribow
Dale S. Gribow
answered on Jan 31, 2023

more info is needed.

did she receive any consideration for signing that paper? ie money

1 Answer | Asked in Uncategorized for California on
Q: Is it to late to collect my pandemic relief money I was qualified and had a claim balance of 13 thousand
Tim Akpinar
Tim Akpinar
answered on Jan 31, 2023

A California attorney could advise best, but your question remains open for four weeks. No one here has any way of knowing. The applicable agencies need to be checked with - there were different programs throughout the nation and each had their own timetables. Good luck

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.