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California Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for California on
Q: May I claim this patent since is appears to be out of date? My ex-husband is no longer interested in owning it.

Patent # 5133501 Adjustable Sprinkler Riser. I helped him develop it and created the prototype. He got the patent in his name. He is no longer interested in it . I would like to renew the patent in my own name, please.

Thank you.

Mj Gertz

650-834-0577

Peter D. Mlynek
Peter D. Mlynek answered on Jun 13, 2021

Sorry, but that patent is long gone.

Your husband failed to pay the 3rd maintenance fee, so it expired in July 2004. Even if he would have paid it, it would be expired about 11 years ago.

1 Answer | Asked in Immigration Law and Employment Law for California on
Q: Can the minor child (17) of someone currently on a work visa waiting to receive their green card work legally in the US?

17 year old hopes to find work while her mother is waiting to receive her green card. She has already applied and has been waiting for a while, her daughter wants to get a summer job in the meantime to help support the family. Is the daughter eligible to work if the parent is on a legal sponsored... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 12, 2021

Not this summer. The daughter must be a derivative beneficiary. That is, she must be able to qualify for adjustment of status based upon her mom’s current immigrant visa. This requires an understanding of how the current visa bulletin works.

I strongly recommend an appointment with a...
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1 Answer | Asked in Domestic Violence for California on
Q: my kids mom recently 4 days ago was arrested on domestic violencea

i dont want to try no more few years ago she left us and went w a guy and my daughter said he touched her .i filed for custody and gave me temporarily because she never showed up. but i wanted my kids to be w her , so i tried to work w her and her drinking got worse and her anger got worse. she... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 11, 2021

MORE INFO NEEDED...WHAT IS THE QUESTION.

NORMALLY THE QUESTION IS WHETHER THE VICTIM SPOUSE CAN DROP THE CHARGES...............THE ANSWER IS NO.

THE VICTIM IS THE PEOPLE OF THE STATE OF CALIFORNIA AND THUS THE DA HAS TO DROP CHARGES.

HOWEVER, IF YOU RETAIN A LAWYER S/HE CAN...
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1 Answer | Asked in Civil Rights for California on
Q: hi does this office take cases for housing discrimination
Louis George Fazzi
Louis George Fazzi answered on Jun 11, 2021

This is not an office of any kind, just a place where you can ask questions for lawyers to answer.

If you need to make a housing discrimination claim, you need to go to the website for the California Department of Fair Employment and Housing (DFEH). Copy and paste this link in your browser:...
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3 Answers | Asked in Criminal Law for California on
Q: During sentencing can new evidence change a guilty ruling?

The perpetrator was A Dark-skin African American woman bearing no resemblance to my family member. The witness testified under oath, that he was assaulted during theft of a Target department store by a Dark-skin African American woman. While my family member is a light-skin African American woman.... Read more »

Joseph Abrams
Joseph Abrams answered on Jun 11, 2021

No. The sentencing hearing is not the correct forum to argue new evidence supports the defendant's innocence, unless it is presented as a mitigating sentencing argument. A better approach would be to file a motion to reconsider the verdict based on newly discovered evidence.

- Law...
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1 Answer | Asked in Criminal Law for California on
Q: I'm trying to find a case that's the same as my finances . Receiving stolen property while knowing
Dale S. Gribow
Dale S. Gribow answered on Jun 11, 2021

more info needed.

i am not sure what you are asking.

are you looking for lawyer you can afford? if that is the issue my suggestion would be to go with a court appointed public defender over a criminal lawyer who is cheap.

the PD's are really good and in many cases, the...
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2 Answers | Asked in Estate Planning and Probate for California on
Q: What all needs to be filed to remove a trustee in CA
James Edward Berge
James Edward Berge answered on Jun 10, 2021

I'm assuming you mean an involuntary removal of a trustee. For that, you'll need to file a petition with the probate court in the county where the trustee conducts its business and prove to the court's satisfaction of the need for the removal by clear and convincing evidence of... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Any problem for a person awaiting GC+citizenship to use benefit such as: unemployment, or covered CA healthcare etc?

Marriage based GC -- awaiting removal of conditions and citizenship approvals. Just lost job. Getting conflicting advice on whether any of the benefits above are better not being asked for or not.... Thanks

Agnes Jury
Agnes Jury answered on Jun 10, 2021

You should avoid asking for benefits considered by USCIS to be public benefits. Unemployment benefits are NOT public benefits (it is insurance that you pay into) and thus you can collect those. A list of public benefits and more info on "Public charge" can be found here:... Read more »

1 Answer | Asked in Family Law for California on
Q: Personal Injuries of Emotional Distress

I am writing for a case inquiry. I am the assistant of Mr. Wu, who can't speak English.

Mr. Wu has a son George(5 years old) with his ex-wife, Linda, whose custody belongs to Linda. However, Linda prevented father and son from meeting for up to 15 months (Filed a restraining order... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 10, 2021

I THINK YOU SHOULD POST THIS ON A FAMILY LAW SITE............WE DON'T HANDLE THIS KIND OF MATTER.

HOWEVER, I BELIEVE MOST LAWYERS, IF THEY TOOK THE CASE, WOULD ONLY DO SO ON AN HOURLY..........NOT A CONTINGENCY.

THUS, HE NEEDS TO SET UP AN APPOINTMENT WITH A LOCAL FAMILY LAW ATTORNEY.-

1 Answer | Asked in Employment Law for California on
Q: How can I get the California Labor ?Department to actually read my information about my case?

I have proof that I contacted them way before any time statutes past, but they will not even look at it.

Neil Pedersen
Neil Pedersen answered on Jun 10, 2021

If your right to appeal has passed, there is no practical way to get them to take up your case. Whether you can approach the dispute from a litigation standpoint, i.e., in court, depends on much more information than you have provided here.

Trying to resolve a wage or hour dispute by...
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2 Answers | Asked in Personal Injury for California on
Q: Why would my personal injury attorney request from me, my personal HEALTH insurance data.

Such as provider group info, contact info. I was rear ended, while at stop light.

Dale S. Gribow
Dale S. Gribow answered on Jun 9, 2021

you should have asked you lawyer why.

however, we do it so med calls can be paid by insurance, thus putting more money into the pockets of the client.

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2 Answers | Asked in Personal Injury for California on
Q: Why would my personal injury attorney request from me, my personal HEALTH insurance data.

Such as provider group info, contact info. I was rear ended, while at stop light.

Theodore Allan Greene
Theodore Allan Greene answered on Jun 10, 2021

Because when you are done with all your treatment we have to send off to ALL your medical providers to get your full medical record. We also need to know who paid for your medical services... such as Medicare, Medi-Cal or private insurance because they need to be paid back. As the previous post... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: When do I start getting PPD?

My last appointment where my MD told me I was at MMI was 13 days ago. I have heard nothing from him or my WC company. I looked online and it says that my return to work day was 12 days ago. When are they required to pay me my PPD in California (I thought it was 14 days)? I called the MD office... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Jun 9, 2021

if you went to a doctor 'in bed' with the insurance adjuster, he may be writing you have ZERO rateable Whole Person Impairment from this injury. I set a trial for one just like that today...the treating physician said the worker had permanent restrictions from her injury but no... Read more »

2 Answers | Asked in Insurance Bad Faith, Personal Injury and Workers' Compensation for California on
Q: a corrupt doctor had my supportive care ended, the lawyer and insurance co were complicit ! I have documentation please

Please help, the attorney made false pleadings to the judges, the doctor did not even see me for 10 minutes and never examined me.

the recent laws changed helped them to squash my pleadings. I've gone as far as I can . they made so many lies that can be proven with electronic files.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 9, 2021

MORE INFO NEEDED.

YOU NEED A LAWYER THAT IS WILLING AND CAPABLE OF HANDLING THIS MATTER ON A CONTINGENCY......IT IS NOT MY FIRM AS WE DON'T DO THAT KIND OF MATTER.

MOST LAWYERS DO NOT WANT TO THROW THEIR OWN MONEY AT LITIGATION THAT MAY BE STALE?

I ASSUME IF THIS WAS A...
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1 Answer | Asked in Employment Law for California on
Q: Can my employer make me work 12+ hours with no communication of what time I will be able to leave?

I worked an over night 7pm-current time 2pm the next day & im still waiting for someone to relieve me and the guy who hired me has not texted or called to let me know if someone is on there way or if I will be staying here longer or if I could even take a break.

Neil Pedersen
Neil Pedersen answered on Jun 9, 2021

There is nothing unlawful with an employer telling you to work until relieved, even if that might involve 12 or more hours. I have seen people in your situation be required to work 24 hours and more. That is not unlawful.

What is unlawful is if you are not being properly being paid...
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1 Answer | Asked in Employment Law for California on
Q: i was talked into applying for unemployment during the pandemic when they were giving extra money but i am on ssdi am i

commiting fraud and what can i do about it

Neil Pedersen
Neil Pedersen answered on Jun 9, 2021

Contact the EDD and arrange to give back the money you should not have received. If you did not qualify for UI benefits, that is your only option short of waiting to be the subject of a reimbursement action.

And do not think that blaming your conduct on someone else for talking you into...
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1 Answer | Asked in Criminal Law, Employment Law and Landlord - Tenant for California on
Q: Manager @ CA Regional RV Park covered up an employee Cov-19 OUTBREAK. Endangering 200+ residents. This can’t be legal!

Manager hosted internal company party while gov. ordinances, i.e. “no social gatherings” were in full effect. Masks not enforced. 9 employees contracted Covid-19 at this party.

Facility falsely reported only ONE Covid positive case.

Employees were laid-off for a month to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 9, 2021

more info needed.

you can always petition or sue for anything.......whether you can get a lawyer to take the case on a contingency AND collect anything is another story.

i would think contacting the owner of the establishment would make the most sense.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for California on
Q: domestic violence issues and tenant rights ? I am being kicked out for being a victim of domestic violence?

My girlfriend has been arrested for the second time for domestic violence. I want to leave, but I want to take our cat with me also. I am being forced to move out for being a victim.

Dale S. Gribow
Dale S. Gribow answered on Jun 9, 2021

more info needed.

a lawyer would want to review the lease and have a more complete understanding of the facts. Who has the lease?

i assume the domestic violence was in your apartment and you were the victim and the landlord is afraid of a repeat performance?

was this the...
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4 Answers | Asked in Car Accidents for California on
Q: Why would my accident attorney request my insurance provider information if the accident was caused by the other driver?

I was rear ended which resulted in me getting two (2) epidural injections

Dale S. Gribow
Dale S. Gribow answered on Jun 8, 2021

THAT IS A COMMON QUESTION.

IF YOU DON'T HAVE INSURANCE YOURSELF YOU WILL BE LIMITED ON WHAT YOU CAN COLLECT.

IN ADDITION, IF THE OTHER PARTY HAS A $15K POLICY, BUT YOU HAVE A $500,000 POLICY AND YOU ARE BADLY INJURED, YOU CAN ACCEPT THE $15K AND GO AFTER YOUR OWN INS CO UNDER...
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4 Answers | Asked in Car Accidents for California on
Q: Got into a car accident, need advice.

Car was out of gas at night with no lights or Indicators on. Crashed into it. Who is at fault?

Robert Dourian
Robert Dourian answered on Jun 8, 2021

Actually there is some case law on this that says you can hold the other driver responsible and if there was a recent visit to a mechanic and a problem wasn't fixed, you could even hold the shop liable.

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