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California Questions & Answers
1 Answer | Asked in Criminal Law and Probate for California on
Q: I'm on probation in californnia, to what extent am I (or persons on probation in general) under surveillance?

For example, is it normal for persons on probation to be followed physically, what about monitoring electronic communications at the home? would it for example be in scope to use some kind of exploits or other attacks? I'm wondering what is the normal level of surveillance for someone on... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Dec 3, 2021

The terms and conditions of formal felony probation are ordered by the court and listed in the probation report for each specific defendant. Some people are ordered to provide the password to their cell phones to enable the P.O. to search the phone in a drug sales case, for example. But every case... Read more »

2 Answers | Asked in Estate Planning, Family Law, Civil Rights and Patents (Intellectual Property) for California on
Q: As conservator can I kick someone out of my parents house that abusing them?

The two are abusing my parents and drugies!

Nina Whitehurst
Nina Whitehurst answered on Dec 3, 2021

And attorney would need to review your order appointing you conservator to see what it covers, but most likely yes, you can do that. Be sure to hire an eviction attorney to help you with that. The process and the rules are surprisingly complicated.

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2 Answers | Asked in Estate Planning for California on
Q: My father received an inheritance check but passed away before cashing it. He was not married and I am his only child.

Amount was $25k, it's been 3 months and executor says she cannot reissue check to me without court approval. I already acquired his personal belongings.

The executor was of my father's parent's estate, the executor, his sister, wrote a check to him for his share, and I am... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 3, 2021

Nonsense. The court-appointed executor of your father’s estate can deposit the check in the estate bank account and then write a check to you after all of your father’s debts are paid.

If there is no court-appointed executor for your FATHER’s estate, and if that is the only asset...
Read more »

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1 Answer | Asked in Car Accidents for California on
Q: Question about parents liability for their minor child in an auto accident...see below

(In California) I was injured when a 16 year old driver hit me on my motorcycle. Police report & she was clearly at fault. As a minor, she is on her parents insurance policy that only has a 50K limit for my medical. My medical exceeds that limit by twice that. CA vehicle code 17707 says her... Read more »

William John Light
William John Light answered on Dec 2, 2021

Yes, you can. What makes you think that they can pay? Or that they won't file for bankruptcy if you pursue their personal funds? No one wants to chase a judgment for 10 years for some monthly payments. If you carried Underinsured Motorist insurance in excess of $50k, you can recover from... Read more »

1 Answer | Asked in Employment Law, Antitrust and Sexual Harassment for California on
Q: Laws regarding personal privacy at the workplace.

I work at a liquor store which is most certainly not proffecionally operated but that's beside the point. I put my PERSONAL NON WORK RELATED CELLULAR PHONE on the counter at the register on my side of the counter and went to the restroom when I came out my boss/manager he doesn't own the... Read more »

Ian Pike
Ian Pike answered on Dec 2, 2021

Overall, the answer is probably "no, your boss cannot go through your cell phone when you aren't looking," but whether his actions violated specific laws would require more information from you.

The California constitution actually protects the right to personal privacy, and...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: does a notice of detainment only mean that a citation was not filed
Dan Moseley
Dan Moseley answered on Dec 2, 2021

It means that charges were not filed in the case. If the person was arrested, it also means that the arrest will be stricken from the record and the incident recorded as a detainment only. A detainment occurs when a person is held for a brief period for questioning only. Finally, it means that... Read more »

1 Answer | Asked in DUI / DWI for California on
Q: What you need to take to court for a certified minutes order
Dan Moseley
Dan Moseley answered on Dec 2, 2021

Your wallet, as courts normally charge for certified copies of records. A minute order is a record of the court's decision in a case. If the decision was made in a public proceeding, there should be no other requirements for a certified copy.

1 Answer | Asked in Criminal Law for California on
Q: I was a witness to an arrest out front of my home why did the officer call my id in over the radio?
Dan Moseley
Dan Moseley answered on Dec 2, 2021

Hard to say without asking the officer and knowing more about the circumstances of the incident and your involvement. Ordinarily officers do background checks to see if there are any outstanding warrants. Good luck.

1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for California on
Q: in board of parole hearings does pro per inmate have right to true audio of hearing for constitutional challenge

commissioner committed double jeopardy retrial; violated ADA protection of substance user with 26 years sober proscribed narcotic pain medication; other-California Penal Code section 132, 134 violation; etc.

audio cassette not contraband and is the official record of all events occurring in hearing

Dan Moseley
Dan Moseley answered on Dec 2, 2021

I often represent inmates at California State parole suitability hearings, but I do not understand what you are asking. Perhaps you can make your inquiry clearer over the phone. You're welcome to give me a call at no charge. Many other attorneys on this website also offer initial... Read more »

2 Answers | Asked in Estate Planning and Probate for California on
Q: I live in Calif. My husband and I arre jopmt tennants on a deed. He passed away, Am I his successor or do I need probat

The value of the property is under 300 K.

Julie King
Julie King answered on Dec 2, 2021

You do not need to probate the estate due to the house, but you may need to probate his estate IF (1) he did not have a trust and the value of his probatable assets is $166,250 or higher; or (2) if the value of his probatable assets are less than $166,250. There isn't enough information in... Read more »

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1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Civil Rights for California on
Q: covid: I pro per-no friend come with but plaintiff+lawyer allowed @hearing: now 2 declarations to my 1= viol of rights?

In a UD action, at a hearing of which I appeared in pro per, my friend came with me, for support, and for me to have a witness, but was denied access by the Bailiff, denying me the chance to verify claims now before the court. b4 entering ct. rm counsel put me in a moral quagmire, weighing my... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 2, 2021

You need to discuss all these issues with a lawyer. This question and answer format does not give us the opportunity to review all your evidence, or lack thereof, and then give you clear advice on what you might do.

Furthermore, there is insufficient information about what the result of the...
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1 Answer | Asked in Employment Discrimination for California on
Q: I worked at Wells Fargo for 13 years and throughout my time there there was many incidents that I was passed up for

Promotions. Last incident was I was expected to be acting branch manager since we didn’t have one. Perform and run the branch and I applied for the opening and wasn’t even considered for an interview. I worked as acting branch manager for 2 months. I was a service manager and my qualifications... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 2, 2021

I am sorry this has happened to you. It is always disappointing when a company does not reward years of quality work with promotions. However, an employer has the right to promote, not promote, demote, discipline and terminate any employee at any time and for any reason. The only way your facts... Read more »

3 Answers | Asked in Employment Discrimination for California on
Q: Do I have a pregnancy discrimination case?

Do I have a case of pregnancy discrimination?

I was supposed to get bonus on December, I left the office on July due to pregnancy related issues. i was in pregnancy disability and paid family leave. I ask for my bonus but my employer said since he only have 3 employees, he does not need me... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 2, 2021

There is a lot more information I would need to be able to give you solid advice.

Based on what you have said, however, I can't see a pregnancy discrimination claim here.

A bonus is not regular salary in the ordinary case, unless there is a bonus structure and you have met all...
Read more »

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1 Answer | Asked in Criminal Law and Small Claims for California on
Q: Someone is trying to sue me for theft an accomplice with someone else and they have no proof or evidence on me but they
Jennifer Diem-Trang Le
Jennifer Diem-Trang Le answered on Dec 1, 2021

It looks like you submitted the question without completing it. Is this someone you know? Are the police involved? As with any case, complete facts will assist in a thorough analysis of your case and any potential resolutions.

1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for California on
Q: How to respond to an Entry of Default?
Julie King
Julie King answered on Dec 1, 2021

If you don't know what to do, you should go to the self-help center of your local courthouse or, if there is none, hire a litigation attorney. Getting a litigator to help you is clearly the best route because you are already behind the eight ball, as they say. Do not delay. This is VERY... Read more »

1 Answer | Asked in Small Claims for California on
Q: Is it worth suing for $400
Tim Akpinar
Tim Akpinar answered on Nov 30, 2021

A California attorney could advise best, but your question remains open for two weeks. It's really up to you - an attorney couldn't make a decision for you. Without knowing anything about what your dispute involves, here are some issues that could be worth thinking about in making your... Read more »

1 Answer | Asked in Bankruptcy and Employment Law for California on
Q: Does discharging a lawsuit in bankruptcy discharge the original debt?

Filed personal chapter 7 bankruptcy. Listed a wage claim against me and the employee separately on the filing. Labor court took me off the case and listed in judgement I was not liable, only the business. Case was listed correctly so I’m good there. The employee’s address was incorrect on the... Read more »

Timothy Denison
Timothy Denison answered on Nov 30, 2021

You should be in the clear.

2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for California on
Q: My mother-in-law made me executor of her will. Her assets go to my wife and I have a question about the house.

She passed several years ago, and the house is still in the name of her estate. We've been living in the house. First of all, we'd like to transfer the title to us, so we'll need to know how to do that. Beyond that, the house is in disrepair, and either needs to be completely... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 30, 2021

The process of administering a will is called probate. It sounds like the house is still in your mother-in-law's name because no probate was ever done. You need to hire a probate attorney to help you probate your mother-in-law's will. That will get the title to the house updated and... Read more »

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1 Answer | Asked in Consumer Law for California on
Q: If the nail salon threw your phone in the water and you walked out and did not pay

I went to a nail salon and the tech threw my phone in the water I walked out did not pay it cost me 300 dollars for a new phone.

Yelena Gurevich
Yelena Gurevich answered on Nov 30, 2021

there's no actual question here to answer, but $300 is a small claims issue.

1 Answer | Asked in Personal Injury for California on
Q: Hi, question on nuisance law. how much is neighbor entitled in terms of damage cause by tree root from one's property?

how much does a homeowner owe in terms of monetary damages if one's tree root growing underneath cause crack in neighbor's walkway pavement ?

Theodore Allan Greene
Theodore Allan Greene answered on Nov 29, 2021

You should get an estimate of the cost to repair and ask your neighbor to pay for it - and also ask them to do something to prevent a re-occurrence. If they tell you to get lost then you should contact an attorney to discuss your options. Remember you can get up to $10,000 in Small Claims Court.

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