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California Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sue an occupational medical clinic for incorrect diagnosis/neglecting imaging findings?

I suffered a work injury that has recently settled with employer and insurance. I had an ankle injury which had MRI’s showing a sprain and osteochondral lesion of talus. Dr.’s at clinic ignored lesion and kept diagnosing my injury as “sprain”. After year and half, I saw an independent State... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 20, 2022

you can always sue anyone for anything.

the issue is will you win?

sounds like negligence if you are within the statute of limitations.

call a negligence lawyer in your area asap.............

1 Answer | Asked in Consumer Law for California on
Q: Whom I should sue to get my money back as I paid twice for the same service : Credit card company or the firm owner

I was charged twice for the same service of installing a new furnace in my home by1) Visa credit card charged on Feb 21,22 by his firm Alma's Heating and Air 2) by my check payable to the owner. Originally the total cost of the service is $3,890 with $1,890 as deposit, $2,000 upon completion... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 20, 2022

Start with the state contractor's licensing board.

IF you get nowhere there, then try an atty who

handles consumer protection.

1 Answer | Asked in Animal / Dog Law and Civil Litigation for California on
Q: I won my civil case, what's next?

So after the judge made his judgement. He said my ex had until the end of the month to return my dog. What happen is she doesn't return my dog or what steps can i take to enforce the judgement?

Dan Rowan Cortright
Dan Rowan Cortright answered on May 20, 2022

If she does not return your dog, you may apply to the court for an order of contempt (i.e. that she did not comply with the court's order) and serve it on her. There will be additional legal penalties imposed on her for doing so.

1 Answer | Asked in Business Law for California on
Q: If i hire a person to create artwork for me can i take the image and create a nft to sell?

Does the artist retain intellectual property rights

Julie King
Julie King answered on May 20, 2022

The default in California is that the artist retains all rights. But you can enter into a contract with the artist in which you get the rights. It usually costs more, but that's how to do it.

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: am not in violation of US Code neither statute. I was also wrongfully terminated

addressed to them: why speculate? solicited I.M. took place around your own presumptive allegedly in February or March 2022.Question: Mr.& Ms. what's IM solicitation relevant with? What is this have got to do with me? stipulation as far as recorded data and my recollection are concerned,... Read more »

Neil Pedersen
Neil Pedersen answered on May 19, 2022

You have not asked a question, nor have you even provided enough information for us to guess at what your question might be. Perhaps you can re-post and provide us with more facts and a question.

Good luck to you.

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1 Answer | Asked in Workers' Compensation for California on
Q: My husband died at work of cardiovascular disease.can I claim workers comdeath benefit in the company were his employed?
Nancy J. Wallace
Nancy J. Wallace answered on May 19, 2022

YES you can file what we call a Workers Compensation Death Claim. It needs to be within one year of his passing. The insurer will most likely deny responsibility. Then all of the medical records are copied and given to a qualified medical evaluator. The Qualified Medical Evaluator may... Read more »

1 Answer | Asked in Divorce for California on
Q: Born,married,divorced in California. I have moved to a different state. Will changing my name affect any divorce ord.s

I just want to know if I need legal advice to change my name legally and if doing so may affect the enforceability of the court orders relating to my divorce.

Tobie Brina Waxman
Tobie Brina Waxman answered on May 19, 2022

Changing your name should not impact the enforceability of valid court orders or judgments.

1 Answer | Asked in Employment Law for California on
Q: I workd 9-4 2 days…didn’t feel conf enou to go back 3 day so lookd for another job forgot to call them now won’t pay me

He said I didn’t go back and that they were training so doesn’t have to pay me. Made me feel so dumb the 2nd day that the 3rd i didn’t feel confident enough to go back is there anything I can do to get paid my two days I workd ….I now it’s not much but I workd so hard those two days …. ??

Brad S Kane
Brad S Kane answered on May 19, 2022

You are entitled to payment for all hours worked. Since you quit, you are entitled to payment of all compensation earned are entitled to waiting penalties equal 1 day's pay for each day late up to a max of 30 days.

Unfortunately, your "ghosting" the employer makes the date of...
Read more »

2 Answers | Asked in Personal Injury for California on
Q: Now after over three years the management has giving notice of remediation services can I still sue for per. Injury

It's been over three yrs.not having this mold acknowledged, but it's been by two different managers, now we've gotten another manager and, finally after the covide came into our world we've finally gotten inspections of our units but even though the new management has made an... Read more »

Dan Rowan Cortright
Dan Rowan Cortright answered on May 18, 2022

If you've been injured by someone else's negligence (e.g. by failing to remediate a known mold exposure), then yes, you can sue the person who failed to remediate (i.e. the former property manager) for your injuries/damages. There is a 2-year statute of limitations for injury cases, so... Read more »

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2 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Multiple vehicle accident in CA, vehicles who did NOT hit me want my insurance limits information, do I give it?

There was a multiple vehicle rear end accident in a lane next to me. A vehicle trying to avoid it turned into my lane and hit me. Now the other drivers who didnt hit me or vice versa are reaching out to my insurance for coverage information. I dont see why I should let my insurance give them my... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on May 18, 2022

If you were not at fault there is no reason to give your policy limits. On the other hand not giving it might make them think you did have some fault. If someone is coming after you then your insurance company will provide you with an attorney who you can consult with. If you are included in any... Read more »

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1 Answer | Asked in Family Law and Child Custody for California on
Q: Do I need a family lawyer in order to gainful parental rights?

I have a 10-year-old and a 6-year-old son. Their father has been absent for 6 years, he was an addict, in and out of rehab and jail, and suffers from mental health. Their father was incarcerated for a year and released in December 2021 and is currently living in a sober living house. I have my... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on May 18, 2022

It's not clear what you mean by "obtain full rights". Has a conflict arisen regarding your rights? Is someone challenging your rights? Is the other parent seeking custody of visitation orders? It's not clear what you are trying to accomplish.

1 Answer | Asked in Probate for California on
Q: I need to probate a will in California and the Philippines at the same time. What do I do?

Both California and the Philippines require lodging of the original will, which is obviously not possible for concurrent proceedings. What do I do?

Nina Whitehurst
Nina Whitehurst answered on May 18, 2022

You open a "main" probate in the state of the decedent's last residence. Then you open an "ancillary" probate in the other state. You lodge with the other state a triple certified copy of the will lodged in the main probate.

1 Answer | Asked in Immigration Law for California on
Q: Im a US Permanent Resident but every time I go on vacation overseas and return Im always sent t secondary at the airport

Resident since 2007, zero criminal records, every time at the airport Im send to secondary. No questions but they make me wait like 10 minutes. Last time I had to ask. In 1996 I was a tourist and overstayed 3 more months. My friends dad worked for immigration and called agents on me. I was... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on May 18, 2022

Sorry to hear about this. However it sounds like the type of case that you need to talk with an immigration lawyer about before another overseas trip. You should take all documents related to the case where you waited in jail for a week. The lawyer will look at everything and advise about what is a... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: My tips are taxed and show on my pay stubs. They are also on my W-2. Will they be considered for my workman’s comp.

My checks are often 0 after all of the taxes paid on my tips. I am in California

Tim Rose
Tim Rose answered on May 18, 2022

Yes. Workers comp considers all income - having it on your W2 just makes it easier to verify.

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2 Answers | Asked in Workers' Compensation for California on
Q: My tips are taxed and show on my pay stubs. They are also on my W-2. Will they be considered for my workman’s comp.

My checks are often 0 after all of the taxes paid on my tips. I am in California

Nancy J. Wallace
Nancy J. Wallace answered on May 18, 2022

YIKES! If your checks are 0 you've got to revisit you withholding numbers with payroll!!! The California Labor Code just state "Average Weekly Earnings AT THE TIME OF INJURY" and the judges do that BEFORE DEDUCTIONS. So you add up Wages AND Tips before taxes/deductions. Many... Read more »

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1 Answer | Asked in Landlord - Tenant and Personal Injury for California on
Q: Does a mold remediation co.provide the information of the mold infested area for tenants known to tenants

I need help in filing personal injury case and after two years exsposer to mold not acknowledge after years attempted to have them provide service,Now a new manager has scheduled a rememdetion service to inspect this, but from what I understand they do not conduct inspections ,so how will they know... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 17, 2022

MOLD IS USUALLY SENT OUT FOR ANALYSIS.........THE REMEDIATION CO THEN CLEAN UP THE MOLD ISSUES.

I WOULD THINK THE CO'S LOYALTY WOULD BE TO WHOEVER RETAINS THEM.

1 Answer | Asked in Criminal Law for California on
Q: A criminal case involving an alleged victim and crimes committed against himinvolving burglary and grand theft

Could the investigators get a search warrant for google and facebook beyond the period of time when the alleged crime occurred? From February to October. Having access to all messages, emails, photos, etc., associated with those accounts. Even though the alleged victim has nothing to do with it?... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 17, 2022

BECAUSE A VICTIM GOT HIS PROPERTY BACK OR WAS COMPENSATED DOES NOT EXCUSE A FILING.

DEPENDING ON HOW PROPERTY WAS RETURNED AND WHO RETURNED IT, MAY FACTOR INTO THE DISPOSITION OF THE CASE,,, IE SENTENCE.

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Insurance Bad Faith for California on
Q: Where do I report attempted break check insurance fraud caught on dashcam? Is there a civil matter here?

A driver cut in front of me and slammed on their brakes. My dashcam clearly shows no cars in front of me when this driver cuts and attempts to get me to hit their car. They then stop, and go trying to bait me and stop again with no cars in front of them where you can clearly see a green traffic... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 17, 2022

i think the police and department of consumer affairs are your best bets.

you can always sue someone but likely, no lawyer will take it on a contingency, and your only other avenue is small claims......but what are YOUR damages?

1 Answer | Asked in Estate Planning for California on
Q: In California what happens if the Executor of a living trust dies and then the person who has living trust dies before

Executor of a living trust dies and then the person who has living trust dies before appointing a new executor

Julie King
Julie King answered on May 17, 2022

This is just a formality, but the person who pays the deceased person's final bills, handles the final tax return, and distributes assets from a Trust is called a "Trustee." The person is only called an "Executor" if the person who died had a Will, not a Trust. [To... Read more »

2 Answers | Asked in Car Accidents for California on
Q: Auto accident, concern about liability and the current claims process

I was in an auto accident where my insurance found me 80% liable. I was pulling out of a parallel parking space, and the other party was turning right onto my road from another road. I had already started pulling out before he turned on my road (parking space was 20 feet from the intersection), but... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 16, 2022

let your auto ins carrier take care of it.

if they said they agreed to 80% it is probably realistic.

they have the same interest as you in paying less, not more money on the claim.

they deal with these cases day in and day out and know what they are doing.

if it is...
Read more »

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