California Questions & Answers by Practice Area
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California Questions & Answers
Q: For two landlords rentals, must the tenants give new keys to both when changing locks if one landlord still lives there?
Salim U. Shaikh's answer
Given details suggest that as and when locks are changed, tenant should give key only to that LL who receive rent and take care of other issues.
Given details suggest that as and when locks are changed, tenant should give key only to that LL who receive rent and take care of other issues.
Q: My wife's I-485 adjustment of status is in process, but she does not have a SSN, what's the best thing to do? Thank you!
Hector E. Quiroga's answer
Your wife can apply for a social security card once she gets her work authorization.
You can show you are living together, such as with a rental agreement or even through statements from individuals who can attest that you married in good faith. Review the I-130, Petition for Alien Relative instructions on the USCIS website for more specific ideas.
Your wife can apply for a social security card once she gets her work authorization.
You can show you are living together, such as with a rental agreement or even through statements from individuals who can attest that you married in good faith. Review the I-130, Petition for Alien Relative instructions on the USCIS website for more specific ideas.
Q: Hello, If I have a judgement against me, in my name, can the other party put a lien on my business bank account?
1 Answer
| Asked
in
Banking, Business Law and Small Claims
for
California
on
Answered on Jul 17, 2018
Answered on Jul 17, 2018
Thomas A. Grossman's answer
If the Judgment has been entered and served on you, the creditor can file a Writ of Execution and execute on your personal bank accounts(s). If your business is also named in the Judgment, the creditor can also execute on your business account. Sometimes banks screw up and allow their employees to allow execution on your business accounts by the creditor, even though that account has not been named in the Order. Caveat emptor.
If the Judgment has been entered and served on you, the creditor can file a Writ of Execution and execute on your personal bank accounts(s). If your business is also named in the Judgment, the creditor can also execute on your business account. Sometimes banks screw up and allow their employees to allow execution on your business accounts by the creditor, even though that account has not been named in the Order. Caveat emptor.
Q: Who do I need to get a hold of? I live in California's poorest county. The town I live in has only 1 service station.
2 Answers
| Asked
in
Consumer Law, Business Law and Energy, Oil and Gas
for
California
on
Answered on Jul 17, 2018
Answered on Jul 17, 2018
Q: My friends daughter was hit by an elderly woman as she was crossing the street. She died as a result of her injuries.
3 Answers
| Asked
in
Car Accidents, Personal Injury and Wrongful Death
for
California
on
Answered on Jul 17, 2018
Answered on Jul 17, 2018
William John Light's answer
You can fire you attorney whenever you want. If you fire the attorney, he has a lien on the case for the reasonable value of his attorney fees to date. It will not increase the attorney fees. He just gets a portion of the fees that will be charged by the new attorney. This can make it harder to get new representation since the new attorney will not get the full contingency fee.
Your friend doesn't need an attorney licensed in OR and CA, just an OR license. If she searches for...
You can fire you attorney whenever you want. If you fire the attorney, he has a lien on the case for the reasonable value of his attorney fees to date. It will not increase the attorney fees. He just gets a portion of the fees that will be charged by the new attorney. This can make it harder to get new representation since the new attorney will not get the full contingency fee.
Your friend doesn't need an attorney licensed in OR and CA, just an OR license. If she searches for...
Q: What's the very first thing I should do if I have believe I have a securities claim?
Steve A. Buchwalter's answer
Gather all your documents and put them is a safe place. Call an attorney to go over your case. Any attorney you talk to may ask you to write up a narrative (your story) as to what happened. It may be a good idea to start on that.
Gather all your documents and put them is a safe place. Call an attorney to go over your case. Any attorney you talk to may ask you to write up a narrative (your story) as to what happened. It may be a good idea to start on that.
Q: The other driver's insurance company is offering a settlement but it won't cover the cost of my injuries. What do I do?
Steven M. Sweat's answer
Retain an attorney to advocate for your position. People not represented by lawyers in personal injury claims tend to be offered very little.
Retain an attorney to advocate for your position. People not represented by lawyers in personal injury claims tend to be offered very little.
Q: I was charged with a lewd act over the internet with a minor . Can I reopen the case and get a better deal ?
Dale S. Gribow's answer
MORE INFO NEEDED
IF A FELONY YOU HAD TO APPEAR IN COURT.
IF YOU WERE OFFERED A "PLEA DEAL" AND DID NOT RETURN TO COURT THEN THERE IS A BENCH WARRANT OUT FOR YOUR ARREST AND THE DEAL WITH NOT BE AS GOOD....................UNLESS YOU HAVE A VERY GOOD EXCUSE.
CONTACT A LOCAL LAWYER FOR THAT COURT FOR GUIDANCE ON HOW THAT JUDGE HANDLES THESE CASES AND YOUR EXCUSE
MORE INFO NEEDED
IF A FELONY YOU HAD TO APPEAR IN COURT.
IF YOU WERE OFFERED A "PLEA DEAL" AND DID NOT RETURN TO COURT THEN THERE IS A BENCH WARRANT OUT FOR YOUR ARREST AND THE DEAL WITH NOT BE AS GOOD....................UNLESS YOU HAVE A VERY GOOD EXCUSE.
CONTACT A LOCAL LAWYER FOR THAT COURT FOR GUIDANCE ON HOW THAT JUDGE HANDLES THESE CASES AND YOUR EXCUSE
Q: stepdad legally owns our puppy,moved out,didn’t take, doesnt care about and didn’t raise. how do i get “custody” of him
Thomas A. Grossman's answer
You will have to work this out with your stepfather. If you can buy the dog back from your stepdad, that would be the best solution. Your stepdad sounds like a real jerk, but getting the dog back should be your main goal. Hopefully, he will not injure the dog. Good Luck.
You will have to work this out with your stepfather. If you can buy the dog back from your stepdad, that would be the best solution. Your stepdad sounds like a real jerk, but getting the dog back should be your main goal. Hopefully, he will not injure the dog. Good Luck.
Q: My small business is being increased over 3% with only a 30 days notice. What do you recommend I do? Please help
Thomas A. Grossman's answer
Your question makes no sense. You need to give an attorney some facts to get an answer.
Your question makes no sense. You need to give an attorney some facts to get an answer.
Q: Uncle filed probate case which is fraud.He was administrator. I hired lawyer.Now I am administrator.But it's still fraud
1 Answer
| Asked
in
Criminal Law, Real Estate Law and Probate
for
California
on
Answered on Jul 17, 2018
Answered on Jul 17, 2018
Thomas A. Grossman's answer
Your lawyer may know things that you don't know, or he may simply not understand what is going on. If you feel he is not properly representing you, you should let him go. Probate is a very difficult field of law, and it is not always easy to prove fraud.
Your lawyer may know things that you don't know, or he may simply not understand what is going on. If you feel he is not properly representing you, you should let him go. Probate is a very difficult field of law, and it is not always easy to prove fraud.
Q: My wife and I own an empty lot in CA, as joint tenants, with a loan. How do I remove my name from the title/grant deed?
Thomas A. Grossman's answer
You can remove your name from title by quitclaiming your undivided one-half interest in the land to your wife by using a quitclaim deed. That does not, however, take your name off of the loan. I assume that you both signed the loan.
You can remove your name from title by quitclaiming your undivided one-half interest in the land to your wife by using a quitclaim deed. That does not, however, take your name off of the loan. I assume that you both signed the loan.
Q: If my ex husband doesn't respond to my messages on talking and he won't turn in the court papers. Is he in default?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
California
on
Answered on Jul 16, 2018
Answered on Jul 16, 2018
Angelina Bradley's answer
“Default” means something specific in the law. It means you’ve properly served him, filed the proof of service with the court, he’s had time to respond, and he’s chosen not to after the required period of time.
If all that has happened, you can move forward in your case and ask for a default judgment.
“Default” means something specific in the law. It means you’ve properly served him, filed the proof of service with the court, he’s had time to respond, and he’s chosen not to after the required period of time.
If all that has happened, you can move forward in your case and ask for a default judgment.
Q: Can an HOA force a change in mailbox/post?
2 Answers
| Asked
in
Real Estate Law and Arbitration / Mediation Law
for
California
on
Answered on Jul 16, 2018
Answered on Jul 16, 2018
N. Munro Merrick's answer
There are many unanswered questions: Do the CC&Rs say anything about mailboxes? Is it in common area, or is it on your property? What are the homeowner's responsibilities regarding common area, or, specifically, where the mailbox is located? How much are you being billed? Is it a lump sum or just added to your dues bill? Who paid for the mailbox that is there now? Has the Board provided reasons for the substitution?
You can protest the billing in a letter and also at a board...
There are many unanswered questions: Do the CC&Rs say anything about mailboxes? Is it in common area, or is it on your property? What are the homeowner's responsibilities regarding common area, or, specifically, where the mailbox is located? How much are you being billed? Is it a lump sum or just added to your dues bill? Who paid for the mailbox that is there now? Has the Board provided reasons for the substitution?
You can protest the billing in a letter and also at a board...
Q: This Individual committed a fraud and we a group of 7 got a judgment, would like to file a criminal case and more.
Dale S. Gribow's answer
more info needed
I have a hunch your lawyer is handling this on a contingency????
most lawyers I know would only do so on an hourly. are you in a position to retain a good lawyer?
if so I will try to refer you once you get all the info organized.
if you are suing a governmental entity, there are strict statutes of limitation which, without all the facts, I would guess are 6 months to file.
more info needed
I have a hunch your lawyer is handling this on a contingency????
most lawyers I know would only do so on an hourly. are you in a position to retain a good lawyer?
if so I will try to refer you once you get all the info organized.
if you are suing a governmental entity, there are strict statutes of limitation which, without all the facts, I would guess are 6 months to file.
Q: How long does it take to open probate?
Genene N. Dunn's answer
This is a very complex question. It all depends on what the trust says and what your father's estate plan said, and what assets you are concerned with. Also, the fact that everything goes back into the trust doesn't necessarily mean that the trustee (friend of your father) is receiving the assets. There is probably a plan in the trust of what happens to assets in the trust upon your father's passing.
This is a very complex question. It all depends on what the trust says and what your father's estate plan said, and what assets you are concerned with. Also, the fact that everything goes back into the trust doesn't necessarily mean that the trustee (friend of your father) is receiving the assets. There is probably a plan in the trust of what happens to assets in the trust upon your father's passing.
Q: Is it possible to get a kitten back after surrendering it
Thomas A. Grossman's answer
I have never heard of the "pay or surrender" policy, so that is new to me. I would think if you now have the money to pay the vet fee and get her back, you should ask them to do so. I am a cat lover, so I know how it feels to "lose" a cat, especially a kitten. Call them about this. I don't think it is against the law for them to tell you what happened to the cat. Hopefully, they did not destroy it, which would be a shame. Good Luck.
I have never heard of the "pay or surrender" policy, so that is new to me. I would think if you now have the money to pay the vet fee and get her back, you should ask them to do so. I am a cat lover, so I know how it feels to "lose" a cat, especially a kitten. Call them about this. I don't think it is against the law for them to tell you what happened to the cat. Hopefully, they did not destroy it, which would be a shame. Good Luck.
Q: Building management charging additional fee.
1 Answer
| Asked
in
Real Estate Law, Civil Rights and Landlord - Tenant
for
California
on
Answered on Jul 16, 2018
Answered on Jul 16, 2018
Thomas A. Grossman's answer
The answer may lie in whether or not the "OK" you received was in writing, or made verbally. Verbal agreements are worth the paper their written on (i.e. nothing). If you received an email "OK" you have written proof that the management accepted your offer to pay on the 14th. If they only agreed verbally, it probably means they want to play games with you. I don't know what kind of a lease of month-to-month rental agreement you have, so I cannot speculate further on whether or not you have...
The answer may lie in whether or not the "OK" you received was in writing, or made verbally. Verbal agreements are worth the paper their written on (i.e. nothing). If you received an email "OK" you have written proof that the management accepted your offer to pay on the 14th. If they only agreed verbally, it probably means they want to play games with you. I don't know what kind of a lease of month-to-month rental agreement you have, so I cannot speculate further on whether or not you have...
Q: If there's no physical evidence that a person is in contempt of court (abuse), what other evidence is admissible?
Angelina Bradley's answer
Courts generally frown upon the children testifying directly with the court -- preferring to keep them at arms length from the proceedings. That said, there are ways to do this. A child custody evaluation or a minor's counsel appointment may get some court-admissible insight to what is going on. In Tulare County, sometimes recommending mediators will talk to the children directly if they are old enough.
You're right, though. You're going to need evidence to prove this case.
Courts generally frown upon the children testifying directly with the court -- preferring to keep them at arms length from the proceedings. That said, there are ways to do this. A child custody evaluation or a minor's counsel appointment may get some court-admissible insight to what is going on. In Tulare County, sometimes recommending mediators will talk to the children directly if they are old enough.
You're right, though. You're going to need evidence to prove this case.
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