California Questions & Answers by Practice Area
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California Questions & Answers
Q: Is it possible to join the class action case #18-20254. It's been a year since they filed.
Harlene Miller's answer
If you received notice of the class action because you are a potential claimant based upon Navient school loans that you obtained, read the notice carefully and follow-up. Also, there is a site online - Navient student loan class action that has a lot of information and contact information. Some of this information may have been included in the notice that you may have received. I have no other information for you on this matter.
If you received notice of the class action because you are a potential claimant based upon Navient school loans that you obtained, read the notice carefully and follow-up. Also, there is a site online - Navient student loan class action that has a lot of information and contact information. Some of this information may have been included in the notice that you may have received. I have no other information for you on this matter.
Q: How can I sue for a crime committed in Puerto rico when we live in California?
Dale S. Gribow's answer
More info is needed to properly evaluate your case.
the basic issue is jurisdiction.....in other words which court is the correct court for filing?
since you both live in calif i think you could file in calif but do you really want to spend the money on a lawyer?
otherwise, file in small claims court.
However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.
In other...
More info is needed to properly evaluate your case.
the basic issue is jurisdiction.....in other words which court is the correct court for filing?
since you both live in calif i think you could file in calif but do you really want to spend the money on a lawyer?
otherwise, file in small claims court.
However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.
In other...
Q: If police are chasing a vehical and lose sight of it can they still prove it was the same vehical and charge the person
Dale S. Gribow's answer
More info is needed to properly evaluate your case. We would have to see what ID they had on the vehicle....how long after they lost it did they find it again? any civilian wits?
However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.
Most criminal and accident lawyers will...
More info is needed to properly evaluate your case. We would have to see what ID they had on the vehicle....how long after they lost it did they find it again? any civilian wits?
However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.
Most criminal and accident lawyers will...
Q: Is it unlawful for a police officer to not tell you why you were pulled over after asking him
Dale S. Gribow's answer
More info is needed to properly evaluate your case.
However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear or to ask the Judge at the 1st appearance for the court to appoint an attorney for youlllllllllll then explain all this to him/her.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.
Most criminal and accident lawyers...
More info is needed to properly evaluate your case.
However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear or to ask the Judge at the 1st appearance for the court to appoint an attorney for youlllllllllll then explain all this to him/her.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.
Most criminal and accident lawyers...
Q: i Recently filed a RFO. Can I file an addendum to the RFO, prior to having my ex served?
Andy Cook's answer
Probably yes. Just serve everything you are supposed to serve, including the addendum, before the deadline. Provided the court has time to hear all of your issues in one hearing, you won't have a procedural problem. You might want to call the addendum an "Amended RFO". There shouldn't be any additional filing fee.
Probably yes. Just serve everything you are supposed to serve, including the addendum, before the deadline. Provided the court has time to hear all of your issues in one hearing, you won't have a procedural problem. You might want to call the addendum an "Amended RFO". There shouldn't be any additional filing fee.
Q: A will states no bond and the 2 executors passed away, is it still no bond? Do we need to file waivers with the DE111
John B. Palley's answer
The will's language of no bond only applies to the named executors not others. You would need to get bond waivers and, even then, the Judge might require bond if you are seeking full IAEA authority. However, if the proposed PR is in state and you get a signed bond waiver (on correct form) then the court will likely waive it in my experience. Good luck. -John
The will's language of no bond only applies to the named executors not others. You would need to get bond waivers and, even then, the Judge might require bond if you are seeking full IAEA authority. However, if the proposed PR is in state and you get a signed bond waiver (on correct form) then the court will likely waive it in my experience. Good luck. -John
Q: Can I sue a dealership for clearing trouble codes without actually addressing or repairing any of the issues that set?
Scott Richard Kaufman's answer
Sure, in many ways that can be considered a fraud, especially if they represented to you that they did otherwise, say, "fixed" the problem?
Sure, in many ways that can be considered a fraud, especially if they represented to you that they did otherwise, say, "fixed" the problem?
Q: the word income means profet and if only corporations can make a profit so i have to show 0 income and never pay tax
D. Mathew Blackburn's answer
Your premise is faulty.
Income does not only mean profit, it's not true that only corporations can make profits.
Falsifying tax return documents is a felony and you'll end up owing way more and possibly in prison.
If you want to take that risk it's your choice, but don't pretend you've figured out a technicality.
Your premise is faulty.
Income does not only mean profit, it's not true that only corporations can make profits.
Falsifying tax return documents is a felony and you'll end up owing way more and possibly in prison.
If you want to take that risk it's your choice, but don't pretend you've figured out a technicality.
Q: If I get fired does the company I work for have to pay me for any accured vaction
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
California
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Louis George Fazzi's answer
It seems from what you've said that you don't "earn" the vacation time until after you have worked for one year. This means that the vacation pay doesn't "accrue" until after you have been employed for one full year. In other words, the vacation pay only becomes "vested" (i.e. you have the right to it) once you have worked a full year.
I've seen many instances where an employee is terminated just prior to the vesting of their benefits. Some unscrupulous employers will make up reasons to...
It seems from what you've said that you don't "earn" the vacation time until after you have worked for one year. This means that the vacation pay doesn't "accrue" until after you have been employed for one full year. In other words, the vacation pay only becomes "vested" (i.e. you have the right to it) once you have worked a full year.
I've seen many instances where an employee is terminated just prior to the vesting of their benefits. Some unscrupulous employers will make up reasons to...
Q: Is it legal for police to use dispatch records to expose someone when there isn’t a crime committed?
1 Answer
| Asked
in
Civil Rights, Communications Law and Internet Law
for
California
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Q: I have a disability rights advocate that I believe is now working against me. Can I go to court over this?
Louis George Fazzi's answer
Get yourself another advocate. You have no idea what has happened to your advocate. Maybe she was ill or in an accident. Before you even think about other remedies, find out what you can about your existing advocate, then take the appropriate action.
Get yourself another advocate. You have no idea what has happened to your advocate. Maybe she was ill or in an accident. Before you even think about other remedies, find out what you can about your existing advocate, then take the appropriate action.
Q: If I live in a house with someone who lost a lawsuit and owes a huge debt if they raid his house can they take my stuff
1 Answer
| Asked
in
Civil Rights, Constitutional Law and Small Claims
for
California
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Louis George Fazzi's answer
The short answer is no. You haven't said whether his business was sued or if your wife's grandfather was sued personally. In either event, his creditors cannot satisfy a judgment against anyone but the named defendant against whom they won the judgment, out of his or the judgment debtor's property.
The short answer is no. You haven't said whether his business was sued or if your wife's grandfather was sued personally. In either event, his creditors cannot satisfy a judgment against anyone but the named defendant against whom they won the judgment, out of his or the judgment debtor's property.
Q: My HOA is voting Yes/No to purchase EQ Ins. if a majority of Home Owners vote No, what are the HOA Board obligations?
Thomas A. Grossman's answer
The simple answer is that, assuming that the vote should be decided by all members of the HOA. If the response of the voting is a "no," you can always purchase separate Earthquake insurance to protect your personal property and other assets. I agree that all HOAs should have earthquake insurance to cover the buildings and common areas. But, not all owners want to spend the money.
The simple answer is that, assuming that the vote should be decided by all members of the HOA. If the response of the voting is a "no," you can always purchase separate Earthquake insurance to protect your personal property and other assets. I agree that all HOAs should have earthquake insurance to cover the buildings and common areas. But, not all owners want to spend the money.
Q: How do you find a criminal lawyer willing to take your case pro bono...when you know they are trying to punish you beyon
Alexander Bakhache Perez's answer
The PD Attorney do not charge if you qualify economically. that has close as PRO BONO you are going to get.
many attorneys will work with your and extend a payment plan to your budget or even offer interest free
call around and interview the attorney.
First you want to find the attorney you want to represent you then you can discuss price and fees as well as payment plans.
The PD Attorney do not charge if you qualify economically. that has close as PRO BONO you are going to get.
many attorneys will work with your and extend a payment plan to your budget or even offer interest free
call around and interview the attorney.
First you want to find the attorney you want to represent you then you can discuss price and fees as well as payment plans.
Q: if my contract has a mandatory mediation and arbitration clause and my attorny fails to do so is it considered
Thomas A. Grossman's answer
Assuming that you are talking about a real estate purchase contract that has a mandatory mediation/arbitration clause in it, and both parties have initialed those clauses, your attorney should represent you at those hearings. if he doesn't want to do that, you should get another attorney. I would also not pay the attorney any more money. Good Luck.
Assuming that you are talking about a real estate purchase contract that has a mandatory mediation/arbitration clause in it, and both parties have initialed those clauses, your attorney should represent you at those hearings. if he doesn't want to do that, you should get another attorney. I would also not pay the attorney any more money. Good Luck.
Q: Can a cop give someone else my dog
William John Light's answer
I think you are leaving out a lot of details that might affect the answer to your question.
I think you are leaving out a lot of details that might affect the answer to your question.
Q: disabled person who hired a paralegal who wasn't really a paralegal come to find out, she lied to me
1 Answer
| Asked
in
Real Estate Law, Civil Rights, Landlord - Tenant and Native American Law
for
California
on
Answered on Mar 15, 2019
Answered on Mar 15, 2019
Manuel Alzamora Juarez's answer
It is always a good idea to get references when hiring a paralegal. I believe you need to hire an attorney. A Paralegal is not allowed to practice law. Sorry you were taken. You have not stated what type of case it is , so no one can answer this or give you advice. Best of luck.
It is always a good idea to get references when hiring a paralegal. I believe you need to hire an attorney. A Paralegal is not allowed to practice law. Sorry you were taken. You have not stated what type of case it is , so no one can answer this or give you advice. Best of luck.
Q: When should you be offered regular part time?
1 Answer
| Asked
in
Employment Law, Workers' Compensation and Employment Discrimination
for
California
on
Answered on Mar 15, 2019
Answered on Mar 15, 2019
Neil Pedersen's answer
Those labels are completely at the discretion of the employer. There is no law that requires an employer to make people regular or full time or part time, etc. The employer creates the categories for various reasons and the employer has the discretion to change those labels as well, as long as the employer is not engaging in unlawful discrimination by making such decisions based on your membership in a protected class of people or because you engaged in some form of legally-protected conduct....
Those labels are completely at the discretion of the employer. There is no law that requires an employer to make people regular or full time or part time, etc. The employer creates the categories for various reasons and the employer has the discretion to change those labels as well, as long as the employer is not engaging in unlawful discrimination by making such decisions based on your membership in a protected class of people or because you engaged in some form of legally-protected conduct....
Q: My partner got denied a tourist visa for the US. We want to get married, should we wait till I become a US citizen or no
Deron Edward Smallcomb's answer
You can marry now and file the petition. Once your naturalization is approved, you would inform USCIS or the NVC so that they can change your petition to an immediate relative petition. You should consider contacting an experienced immigration attorney for assistance.
You can marry now and file the petition. Once your naturalization is approved, you would inform USCIS or the NVC so that they can change your petition to an immediate relative petition. You should consider contacting an experienced immigration attorney for assistance.
Q: Good morning, my name is Wayne, and I'm trying to get on social security disability because of a few illnesses
3 Answers
| Asked
in
Personal Injury, Sexual Harassment and Social Security
for
California
on
Answered on Mar 15, 2019
Answered on Mar 15, 2019
William John Light's answer
You will need to consult with a Social Security Disability attorney about your specific case. Justia is for a general response, a starting off point. You are well beyond that. A simple internet search for SSDI attorneys near you will get you the contact information of attorneys than can advise you.
You will need to consult with a Social Security Disability attorney about your specific case. Justia is for a general response, a starting off point. You are well beyond that. A simple internet search for SSDI attorneys near you will get you the contact information of attorneys than can advise you.
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