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California Questions & Answers
1 Answer | Asked in Employment Law for California on
Q: I’m an employee for Wingstop and have been “terminated” but wasn’t made aware of why or signed anything

I’m an employee for Wingstop , I was terminated with no explanation. I reached out for weeks and was never formally told or terminated formally I was just taken off schedule . I never was paid for my PTO as I’ve been there for a year, when asked about it I was told I wouldn’t be receiving it... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 8, 2020

It sounds to me like you need to have a specific, confidential consultation.

Employers have no obligation to give formal notice of termination. They can simply take you off the schedule. However, if you have accrued vacation pay in the bank, it must be paid out at that time. Accrued...
Read more »

1 Answer | Asked in Employment Law for California on
Q: Non essential worker being asked to return to work everyday ,so she quit her job because of her family’s health concerns

I’m an interior designer in the hospitality industry and my employer asked me to return to work everyday during the pandemic even though non-essential offices are not allowed to reopen back. I asked my employer to lay me off because I feel anxiety coming to work everyday since I live with my... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 8, 2020

Not returning to work when you are asked to do so will likely disqualify you from benefits. Nonetheless, apply and see what happens. It will cost you nothing to do so.

Good luck to you.

1 Answer | Asked in Criminal Law, Sexual Harassment and Domestic Violence for California on
Q: Victim in sexual assault case, already filed police report & started investigation, should I get a lawyer?

Hello, I'm not sure if I need a lawyer. I'm the victim in a sexual assault case. I've already reported to the police & have a detective assigned to my case. I've also been connected to a victim advocate. I'm trying to make the most informed decisions possible regarding... Read more »

William John Light
William John Light answered on Aug 8, 2020

If you aren't interested in pursuing a civil case, there is no need to consult with an attorney. You aren't a party to the criminal case. It is prosecuted on behalf of the State of California, not you.

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: Getting paid less then new hires that I have to train. Is it legal?

I got laid off Dec 2019, got rehired 2 weeks ago, I asked for $14 an hour. My manager said they couldnt pay me that. I had a friend apply and she got hired and will be paid $14 an hour. I will be training her and yet getting paid less then her. Is it okay for employers to do that?

Louis George Fazzi
Louis George Fazzi answered on Aug 8, 2020

The answer is that it depends. If you feel you are being discriminated against, because of age, sex, nationality, race, or for any number of different reasons, it could be improper. You would have to provide a lot more detail than you have to make any real determination. If you think you might be... Read more »

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1 Answer | Asked in Criminal Law and Elder Law for California on
Q: Hello I'm needing a lawyer for my wife she is accused of commenting elder abuse which was false she has court on 08/14
Steven Lance Bynum
Steven Lance Bynum answered on Aug 8, 2020

In which California County are you located? I assume this is a criminal elder abuse matter? Please provide more information

1 Answer | Asked in Civil Litigation for California on
Q: I rent a room right now and I signed a 6 month rental agreement. I have been asked to move out earlier than 6 months

I have been living there for just over two months. I am active duty military and I just got back from a deployment. I was recently informed that they want me to move out so they can turn my room into an office space because they are no longer occupying the office space they are renting in another... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 8, 2020

Very sorry to hear that an active duty US military is being treated this way. Of course you have the absolute right to enforce your rental agreement and tell them you are not moving out until it is up. IMO you don't need to subject yourself to this stress. What I would do is negotiate with... Read more »

1 Answer | Asked in Criminal Law and Sexual Harassment for California on
Q: so i was sexually assaulted, the was a report/ investigation but i lied to close it all. what would happen if i reported

reported again?

William John Light
William John Light answered on Aug 8, 2020

Impossible to say. Why you lied is important. The nature of the lie is important. The damage you have done to your credibility is important.

1 Answer | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: How to waive my non compete included in the CNDA?

I am an engineer living in California and working remotely for a company in Texas. I got laid off and I wonder if my non-compete clause included in the signed CNDA can be enforced. The non-compete is for 1 year and the CNDA mentions the State of Texas as the governing law.

I have asked for... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 8, 2020

It would be unwise for an attorney to opine about a contract without being able to see the entire contract and understanding the circumstances regarding its making. However a few general things can be said preliminary to that.

First, generally non-compete provisions are unenforceable in...
Read more »

1 Answer | Asked in Animal / Dog Law for California on
Q: My neighbors dog came inside my house got mine pregnant and She almost died. Can I sue him ?

When I took her to the vet they informed me her calcium was at a 3 and the normal is 7. She had a fever of 106.9 because the puppies took all her calcium during the labor; and I have to pay over $2000. I told my neighbor multiple times to watch his dog and he would let it out on purpose because he... Read more »

William John Light
William John Light answered on Aug 8, 2020

Maybe. However, it's unclear how a dog would enter your house. The story doesn't sound right. Also, have you sold the puppies? Did you get more than $2000? If so, you haven't really been damaged. In any event, if you have a claim, it would be a Small Claims matter and you... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: I'm looking for a case where importing meth from Mexico was dropped to a simple possession
Dale S. Gribow
Dale S. Gribow answered on Aug 7, 2020

MORE INFO NEEDED.

NOT SURE HOW YOU WOULD LEARN THAT AND EVEN IF YOU DID IT WOULD NOT MEAN ANOTHER JUDGE WOULD HAVE TO FOLLOW THAT VERDICT.

DO YOURSELF A FAVOR AND MAKE AN APPOINTMENT WITH A CRIMINAL LAWYER IN YOUR AREA OR ASK THE COURT TO APPOINT A PUBLIC DEFENDER.

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2 Answers | Asked in Immigration Law for California on
Q: If I leave the US after my legal stay, but having I-539 VISA extension submitted, do I accumulate unlawful days?

I came on B2 VISA and have heard the processing time is very long (several months!) for Chinese nationals.

Christopher A. Kerosky
Christopher A. Kerosky answered on Aug 7, 2020

If you leave the U.S. within the time requested in your I539 (so long as it is no more than 180 days) and before you have received a decision on your request, then you have not accumulated unlawful presence.

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1 Answer | Asked in Real Estate Law for California on
Q: I recently purchased a home which included a single story garage and extra high carport designed for boats/large trucks

at the back of the property. There was a full gate across the back allowing egress from the parking area of the building at my property's back. I was told that there was an informal agreement.There were 3 pictures on Zillow, showing the open gate to the other property's driveway. The ad... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Aug 7, 2020

If you can still access your garage from the front then all you are suffering is just a loss of convenience and time. The egress is not part of your property description. It is to be seen if there was an easement, highly doubtful as it may be. The realtor is offering his commission of $20,000.00... Read more »

1 Answer | Asked in Family Law for California on
Q: How does Emergency Rule 9 tolling of statute of limitations for Civil Cases California work?

For a 2 year statute of limitation that was due to expire on May 30, 2020 what would the new statute of limitation be with the Emergency Rule tolling in California?

Maurice Mandel II
Maurice Mandel II answered on Aug 7, 2020

No one has tested this yet, so it is not clear and no opinions you get here should be relied upon to delay your filing of your claims in Court. The tolling (suspending) of the SOL due to CV 19 basically suspends the SOL for the months of the tolling period, which are set forth in the Order. So... Read more »

2 Answers | Asked in Landlord - Tenant for California on
Q: Can landlord give the property to someone else if the lease was signed and rent was paid and keys were given already?

We signed lease papers and paid first month rent and deposit . Were given a receipt along with keys to the property and the next morning got a call saying they were gonna give it to someone else Is that legal?

Maurice Mandel II
Maurice Mandel II answered on Aug 7, 2020

No. After the lease is signed by all parties, you have an enforceable contract to rent the property. BUT, do you really want to start out a relationship with a screwy LL like this? I would not want anything to do with them. You may be entitled to recover damages from them if you have increased... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord recieved a summons to appear in court with my name on it. I live in a different residence. Was I served?

The envelope had her address but my name on it. I live in a different city and county then she does.was I leagaly .served. I have never seen or touched this document.

Maurice Mandel II
Maurice Mandel II answered on Aug 7, 2020

Substituted service is allowed when the process server cannot find the person at home but there is someone there over 18, then they mail it to the address. But you said this was at a different residence, city and county. The problem is that if you ignore it, you could end up with a default... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Renters Rights

Owner in house said $600 when I said rent room plus $600 last plus $98 utilities. Promised me verbally I would have the whole upstairs to myself WITH PRIVATE BATH. 2 DAYS LATER RENTS ROOM NEXT TO ME TO SHARE MY BATH. NOTHING IN THE RENTAL AGREEMENT SAID ANYTHING ABOUT IT BUT HE VERBALLY PROMISED.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 7, 2020

Request your LL refund your deposit, and give him notice you are moving out, immediately. Move out and plan to go to Small Claims Court. Next time, get a written rental agreement, dated and signed so you have proof of what the agreement was. Renting a room on a handshake and a kiss is not... Read more »

3 Answers | Asked in Employment Law and Business Law for California on
Q: vendor not releasing payments from past few months and what should I do?

We have been waiting from past few months for payments from vendor, they are asking ask for settlement but we are decided to file a petition in court? What steps need to be taken and how long will my petition will take?

Neil Pedersen
Neil Pedersen answered on Aug 7, 2020

It depends on how much is involved in this dispute.

If the amount in controversy is $10,000 or less you can proceed through small claims court and probably get a judgment in a matter of months, once the courts open back up.

If the amount is greater than $10.000 then you will have...
Read more »

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2 Answers | Asked in Criminal Law for California on
Q: I’m being charged with grand larceny for taking my bosses money bag it only had 1029$ in not 17,000$ like he

Saying should I go to trial and try to prove that there was not that amount in the bag or plea

John Karas
John Karas answered on Aug 7, 2020

First, you should not be posting facts about your case. LEO's (Law Enforcement Officers) and even DA's (District Attorney's or their staff) make it a practice to check attorney directory messages boards for messages like yours. Your statement's could be construed as admissions... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: 3 bed/2 bath apartment was advertised as split 3 ways. Roommates threatening legal action if their rent is not lowered.

One roommate has contacted a lawyer regarding this issue. They are threatening to not pay their rent until I give into lowering their part of the rent. I am on a lease with Essex and my father is the guarantor. My father and I do not want this rent change to happen as it would increase my portion... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 7, 2020

Serve them with a three day notice to pay rent or quit. Follow up with filing a UD action and serving them. In the future, to not let anyone occupy the property until you have a WRITTEN RENTAL AGREEMENT with them that clearly spells out the property they are renting and the amount they are going... Read more »

1 Answer | Asked in Criminal Law for California on
Q: I’m being charged with grand larceny I took 528$ of 1029$ Out of my bosses money bag he’s saying there was 17,000$ in it

Should I go to trial

Maurice Mandel II
Maurice Mandel II answered on Aug 7, 2020

Have you ever heard that you have the right to remain silent and everything you say can be used against you? Well that includes admitting crimes in public forums like this one. STOP POSTING INFORMATION RIGHT NOW. There is nothing special about this forum and you could be admitting committing a... Read more »

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