California Questions & Answers by Practice Area
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California Questions & Answers
Q: Is it legal to sleep on my own flat roof? To hang out up there and enjoy the sunset in a lawn chair?
1 Answer
| Asked
in
Real Estate Law, Land Use & Zoning and Municipal Law
for
California
on
Answered on Aug 16, 2017
Answered on Aug 16, 2017
Gerald Barry Dorfman's answer
To get a definitive opinion, you will probably have to pay an attorney to research this for you. If you want to take a shot at it yourself, check the Marin County Code and any Fairfax ordinances. However, as with most neighbor disputes, you should try to come to some agreement. Try speaking with them, but if that doesn't work there are other resources, including mediation, available.
To get a definitive opinion, you will probably have to pay an attorney to research this for you. If you want to take a shot at it yourself, check the Marin County Code and any Fairfax ordinances. However, as with most neighbor disputes, you should try to come to some agreement. Try speaking with them, but if that doesn't work there are other resources, including mediation, available.
Q: trying to find a way to hire1099 and no w2.
Robert Philip Cogan's answer
There are fairly well-defined methods for deciding whether someone is an independent contractor or an employee. It sounds like you used a checklist. That is helpful but not may not be binding. IRS has "Publications" which address many issues in detail. It seems as though you need help. You will be investing time and money. You should consult an attorney. There can be significant penalties for making the wrong decision.
See the disclaimer at the bottom of this page.
There are fairly well-defined methods for deciding whether someone is an independent contractor or an employee. It sounds like you used a checklist. That is helpful but not may not be binding. IRS has "Publications" which address many issues in detail. It seems as though you need help. You will be investing time and money. You should consult an attorney. There can be significant penalties for making the wrong decision.
See the disclaimer at the bottom of this page.
Q: What are the laws in California for using a virtual office or home for business purposes? Is it allowed?
Robert Philip Cogan's answer
This is a rather open-ended question. Many corporations use an office services address or a home address. IRS has rules regarding whether you can deduct expenses of a home office. USCIS has rules about whether your business plan justifies a visa. There are different rules for different visas, e.g., L-1 v. E-2.
See the disclaimer at the bottom of this page.
This is a rather open-ended question. Many corporations use an office services address or a home address. IRS has rules regarding whether you can deduct expenses of a home office. USCIS has rules about whether your business plan justifies a visa. There are different rules for different visas, e.g., L-1 v. E-2.
See the disclaimer at the bottom of this page.
Q: If there is no will on file when a person passes what happens to the home he owns.
Gerald Barry Dorfman's answer
If there are living relatives, the state will not get the property if there is no will. However, there are rules about who it goes to and what shares they get, if there is no will. So, if someone wants to make their own decisions about who gets what, they need a will.
If there are living relatives, the state will not get the property if there is no will. However, there are rules about who it goes to and what shares they get, if there is no will. So, if someone wants to make their own decisions about who gets what, they need a will.
Q: How much of a judgment debtors interest in his fathers estate is exempt from enforcement? THIS IS IN CALIFORNIA.
Bruce Adrian Last's answer
Dear Upland:
You did not mention if this was a probate or trust estate, when the judgement entered, or in what capacity you are involved in the estate. (Debtor/Heir, Administrator, Trustee, etc.)
The short answer is that all of the judgement debtor's interest in the estate up to the amount of the judgement is available to satisfy the judgement, but the interests of the other siblings is not.
However, the judgement debtor's share is not subject to enforcement until it...
Dear Upland:
You did not mention if this was a probate or trust estate, when the judgement entered, or in what capacity you are involved in the estate. (Debtor/Heir, Administrator, Trustee, etc.)
The short answer is that all of the judgement debtor's interest in the estate up to the amount of the judgement is available to satisfy the judgement, but the interests of the other siblings is not.
However, the judgement debtor's share is not subject to enforcement until it...
Q: Can my landlord override civil code 1941 which states the landlord is responsible for all rodents and vermin
Manuel Alzamora Juarez's answer
No, a landlord cannot override Civil code Section 1941. That code was written by the State to protect consumers. You may have a case for warranty of habitability if you have notified your landlord in writing of the rodents and bedbugs; you have medical bills and have taken pictures of the rodents and the scars and rash in your body caused by the bedbugs, and your landlord has ignored you and or blamed you or is asking you to pay for the pests, then you may have a good case. do not stop...
No, a landlord cannot override Civil code Section 1941. That code was written by the State to protect consumers. You may have a case for warranty of habitability if you have notified your landlord in writing of the rodents and bedbugs; you have medical bills and have taken pictures of the rodents and the scars and rash in your body caused by the bedbugs, and your landlord has ignored you and or blamed you or is asking you to pay for the pests, then you may have a good case. do not stop...
Q: Can I put lien on someone property who previously passed away? Lent about 10 grand for remodeling his home.
Gerald Barry Dorfman's answer
You can actually file a petition for probate and make a claim against the estate. That would be a viable option if the property itself is worth enough beyond the taxes owed. It is also possible to pursue the family members who took valuable items.
You can actually file a petition for probate and make a claim against the estate. That would be a viable option if the property itself is worth enough beyond the taxes owed. It is also possible to pursue the family members who took valuable items.
Q: What does it mean when someone turns himself into jail and the type of arrest is listed as commitment?
Kevin E Mitchell's answer
That sounds like a situation where a sentence including a jail or prison term was already pronounced or ordered by a judge and that all or some potion of that term remained to be served.
That sounds like a situation where a sentence including a jail or prison term was already pronounced or ordered by a judge and that all or some potion of that term remained to be served.
Q: I was recently stopped for failure to maintain lane and after brief explanation I was let go
1 Answer
| Asked
in
Criminal Law, DUI / DWI and Traffic Tickets
for
California
on
Answered on Aug 15, 2017
Answered on Aug 15, 2017
Kevin E Mitchell's answer
The way you describe it, it sounds unlawful. What the cop has to say to justify the reasonableness of his decision to stop you twice is what matters. If you are charged, ask your attorney to investigate and file a motion to suppress. Whether or not you are charged, you may still file a complaint against the officer, but talk to an attorney first, so as not to incriminate yourself.
The way you describe it, it sounds unlawful. What the cop has to say to justify the reasonableness of his decision to stop you twice is what matters. If you are charged, ask your attorney to investigate and file a motion to suppress. Whether or not you are charged, you may still file a complaint against the officer, but talk to an attorney first, so as not to incriminate yourself.
Q: ex girlfriend has custody papers cuz she is the primary owner but i been taking care of the dog for 8 months
William John Light's answer
Buy it from her. It's her property. If she won't take custody and won't give or sell it to you, take it to the pound and leave it, after you tell the girlfriend that you are going to do it. Make sure the pound will let you adopt it after a waiting period before you leave it.
Buy it from her. It's her property. If she won't take custody and won't give or sell it to you, take it to the pound and leave it, after you tell the girlfriend that you are going to do it. Make sure the pound will let you adopt it after a waiting period before you leave it.
Q: How do I contest a very old Open Bench Warrant?
Kevin E Mitchell's answer
I would advise you to contact the public defender's office in the county where the warrant was issued. They may be able to assist you or refer you to someone in the area who can.
I would advise you to contact the public defender's office in the county where the warrant was issued. They may be able to assist you or refer you to someone in the area who can.
Q: The neighbor was watching my dog they weren't even there two hours An D she took them To The pound. What can. I do
William John Light's answer
Seems like the pound should give them back to you. If not, you can sue the neighbor in Small Claims court for the value of the dogs.
Seems like the pound should give them back to you. If not, you can sue the neighbor in Small Claims court for the value of the dogs.
Q: What does "The case is dismissed pursuant to 1385 PC ; re: No useful purpose on the motion of People" mean?
Kevin E Mitchell's answer
You would have to ask the DA listed on the minute order what he or she meant by "No useful purpose"
1385. (a) The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which...
You would have to ask the DA listed on the minute order what he or she meant by "No useful purpose"
1385. (a) The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which...
Q: 5yr wc case no offer. Done with Voc exam what's next trial ? Done it all including ame . On ssa and SSI already drainded
Nancy J. Wallace's answer
If there is an Agreed Medical Evaluator, that means you have an attorney (only people with an attorney get to use an AME). You'll be paying this lawyer ten$ of thou$ands so you should be getting these questions answered from the individuals purporting to be your lawyer. That said, the insurer has zero obligation to make an offer.
The insurer's only responsibility is to pay part of the estimated Permanent Disability indemnity and provide future medical treatment. The insurer has...
If there is an Agreed Medical Evaluator, that means you have an attorney (only people with an attorney get to use an AME). You'll be paying this lawyer ten$ of thou$ands so you should be getting these questions answered from the individuals purporting to be your lawyer. That said, the insurer has zero obligation to make an offer.
The insurer's only responsibility is to pay part of the estimated Permanent Disability indemnity and provide future medical treatment. The insurer has...
Q: I am a 16 year old high school graduate. Do child labor laws still apply to me and can I work at night in Los Angeles?
1 Answer
| Asked
in
Employment Law, Civil Rights and Gov & Administrative Law
for
California
on
Answered on Aug 15, 2017
Answered on Aug 15, 2017
William Head's answer
Legislators pass laws that often make no sense. At age 16, I worked at a service station at night, but that was in GA.
Legislators pass laws that often make no sense. At age 16, I worked at a service station at night, but that was in GA.
Q: Is a tenant required to give 30 day notice, after landlord served tenant w 60 days to vacate?
1 Answer
| Asked
in
Landlord - Tenant and Real Estate Law
for
California
on
Answered on Aug 15, 2017
Answered on Aug 15, 2017
Gerald Barry Dorfman's answer
Verbal notice is not legal notice, unless the landlord has waived written notice. If a tenant wants to leave before the 60 days expires, they need to give valid notice. How much, if any, of the security deposit can be kept depends on how many days left, landlord efforts to re-rent or otherwise mitigate damages, and other factors.
Verbal notice is not legal notice, unless the landlord has waived written notice. If a tenant wants to leave before the 60 days expires, they need to give valid notice. How much, if any, of the security deposit can be kept depends on how many days left, landlord efforts to re-rent or otherwise mitigate damages, and other factors.
Q: If your elderly parents have an auto accident, as their son am I legally liable?
Gerald Barry Dorfman's answer
If it is your automobile, then, as owner, you can be liable up to the statutory limits of 15,000/30,000/5000 for an at-fault collision. This would apply to anyone using your owned automobile. However, if you are aware of a particular condition which makes anyone's driving dangerous, and you allow them to use your car, you can have unlimited liability. This is called "negligent entrustment".
If it is your automobile, then, as owner, you can be liable up to the statutory limits of 15,000/30,000/5000 for an at-fault collision. This would apply to anyone using your owned automobile. However, if you are aware of a particular condition which makes anyone's driving dangerous, and you allow them to use your car, you can have unlimited liability. This is called "negligent entrustment".
Q: Its it possible to hold the trustee of my father's family trust responsible for wrong & unfair distribution of property
Sally Bergman's answer
California law imposes a duty of loyalty upon the trustee, who must administer the trust solely for the interest of the beneficiaries and avoid acting in ways that benefit the trustee at the expense of the beneficiaries. You would need to speak to an estate planning attorney to determine the appropriate course of action.
California law imposes a duty of loyalty upon the trustee, who must administer the trust solely for the interest of the beneficiaries and avoid acting in ways that benefit the trustee at the expense of the beneficiaries. You would need to speak to an estate planning attorney to determine the appropriate course of action.
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