California Questions & Answers

Q: My dog bit my girlfriends mom and they want to put my dog to sleep. Does the county have the right to do that without my

1 Answer | Asked in Animal / Dog Law for California on
Answered on Dec 15, 2017

I assume that you are going to have a hearing, or request a hearing. If your dog is determined to be vicious per Food and Agriculture Code section 31603, it can be destroyed per section 31645, or not (subject to conditions imposed upon ownership).
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Q: California intestate succession?

2 Answers | Asked in Estate Planning and Probate for California on
Answered on Dec 15, 2017

If your mother did not ''transmute" ownership to husband as community property or others jointly and held the inheritance in her name as separate property her separate property is distributed as follows:

The surviving spouse receives all of the separate property if the decedent is not survived by issue, parents, brothers, sisters, or children of a deceased brother or sister.

The surviving spouse receives one-half of the separate property if the decedent had only one child, or...
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Q: If I got pulled over for speeding but the cop wasn’t visible can the ticket be dismissed?

1 Answer | Asked in Traffic Tickets for California on
Answered on Dec 15, 2017

there is always a chance but i doubt it.

the cop will say he saw/followed you..............if they catch you by waiting behind a billboard etc that is their way of catching you.
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Q: Can a DV shelter put you out on to the street with no money and no place to go because of how many days you are there?

1 Answer | Asked in Domestic Violence for California on
Answered on Dec 15, 2017

this sounds like a policy decision not a legal one....but it does sound very harsh
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Q: If a repeat restraing order violator keeps coming onto my property can I have my dog protect me and bite him if needed

1 Answer | Asked in Animal / Dog Law and Criminal Law for California on
Answered on Dec 15, 2017

You would be better off calling the police if someone is violating a restraining order. You are not civilly liable for a dog bite on your own property against someone who has no right to be present. I would be very cautious using force against that person if there is no physical threat to you at the time of the force. A misjudgment on the use of force can become a crime.
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Q: i was given a ticket for driving with no license at 16. then again at 18. what happens now if i want to get my license?

1 Answer | Asked in Traffic Tickets for California on
Answered on Dec 15, 2017

DMV would make you wait a minimum of a year and maybe more for 2 incidents................

not a good idea to do that and insurance may not cover if there is an accident.

thus you are exposing the owners of the car, which i assume are your parents to paying a lot of money out of pockets for all damages from the accident....possibly their home ..........
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Q: I got a ticket for running a red light and I am a minor. What can I do?

1 Answer | Asked in Traffic Tickets and Juvenile Law for California on
Answered on Dec 15, 2017

only 2 choices........plead not guilty or guilty.

if not guilty 3 choice set for trial or pay...or traffic school to take off your record.

if trial the judge can listen to your evidence and find you not guilty OR the officer does not show and tix dismissed.

or at trial you can change plea and ask for traffic school.
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Q: Can a 13 year old be sentenced to life imprisonment in California. If no , what is the maximum penalty.

1 Answer | Asked in Criminal Law for California on
Answered on Dec 15, 2017

a minor goes to juv court not jail and max sent until 25 years old..........
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Q: can I sue my daughters school for discrimation and embarassing her for a sub No Forewarning saying the N word?

3 Answers | Asked in Personal Injury and Civil Rights for California on
Answered on Dec 15, 2017

No. Your daughter is strong, intelligent and resilient. This is an opportunity for her to read and analyze one of the greatest American novels ever written. You should read it too. Novels tend to reflect life. While I haven't heard that word in conversation in many decades, it was more common during the period of the novel. That's life. You can't stop it or pretend that it didn't exist to protect someone's feelings. It is also very likely that your daughter likes and listens to music in...
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Q: Can you get a DUI for driving while tired?

1 Answer | Asked in DUI / DWI for California on
Answered on Dec 14, 2017

no

they have to prove you had alcohol or drugs in your system that would make you under the influence...not drunk
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Q: Legal over-billing problem in California?

1 Answer | Asked in Legal Malpractice for California on
Answered on Dec 14, 2017

Unless it was a flat fee, then a retainer is replenishable. If she did additional work, you probably owe. However, your retainer agreement may provide for status reports, billing statements, etc., on a regular basis. If you did not receive these, you may have the right to object. If this is the situation, and your attorney won't come to agreement with you, then you might be able to file a complaint with the State Bar.
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Q: My husband and I are separated. We have a daughter who’s 2 years old. Can I get fold custody?

1 Answer | Asked in Child Custody and Divorce for California on
Answered on Dec 14, 2017

I'm thinking maybe you mean sole custody? You haven't provided information that would suggest Dad should not be able to share custody with you
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Q: My car was totaled by the insurance, the remaining amount to be financed was paid off. Now, Who keeps the car?

2 Answers | Asked in Car Accidents for California on
Answered on Dec 14, 2017

Insurance would get it if they paid for a total loss and the total loss payment paid off the loan.
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Q: Hi. I was accused of not picking up after my dog. Do I have the right to confront whoever made that claim? Thank you.

1 Answer | Asked in Animal / Dog Law for California on
Answered on Dec 14, 2017

If you are charged with a crime, you have the right to confront your accuser - in court or at an administrative hearing - and to question them about the accusation. It would be a bad idea to go to her door and "confront" her. Proving your responsibility as a dog owner by attending obediance classes has nothing to do with the accusation. There is no reason for your dog to poop in a neighbor's yard, whether you clean it up or not. There is a berm between the curb and the sidewalk. That is...
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Q: How can I sue an individual for around 14,000?

2 Answers | Asked in Personal Injury, Collections, Libel & Slander and Small Claims for California on
Answered on Dec 14, 2017

You can sue for up to $10k in Small Claims court. Not sure how you would collect if successful.
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Q: If I leave my job while on worker's comp, is there a way to leave on good terms?

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on Dec 14, 2017

Yeah but it opens up your new employer to a law suit!! DID YOU KNOW if a doctor writes the new job is causing any increase in symptoms, the current workers comp insurer can 'join' your new employer as a co-defendant and demand payment as 'contribution'?? IF POSSIBLE it is best to stay with the current employer up until the treating doctor writes you've hit MAXIMUM MEDICAL IMPROVEMENT (permanent & stationary, for us oldsters) . once your condition has Plateaued, then you go to the new job....
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Q: My brother turned 18 and is now an adult, aren't they now responsible for the fees? Anyway to transfer it to him?

1 Answer | Asked in Legal Malpractice, Contracts and Juvenile Law for California on
Answered on Dec 14, 2017
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Q: I can't get in touch with my divorce lawyer; he's been ignoring me for months.

1 Answer | Asked in Legal Malpractice for California on
Answered on Dec 14, 2017

It's malpractice when he does something that is below the standard of care for an attorney in the community, or fails to do something that an attorney in the community would do, which causes you substantial damage. In the meantime, start calling other attorneys. There are a lot of lawyers who practice family law.
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Q: I have a 17yrold daughter who’s been dating a boy a year younger. What happens when she turns 18 & he’s still 17?

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for California on
Answered on Dec 14, 2017

technically contributing to the delinquency of a minor..............but if no one reports them as chick hern would say........no harm, no foul
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Q: Is it legal to have two pending child support cases?

1 Answer | Asked in Family Law, Civil Rights and Legal Malpractice for California on
Answered on Dec 14, 2017

Of course it's legal. A father can have multiple children with multiple women and be sued multiple times for child support. Unless you mean the same parent making two child support claims against the other parent regarding the same child in two cases simultaneously. You can't be awarded double child support.
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