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California Questions & Answers
1 Answer | Asked in Employment Law for California on
Q: My employer says I had to use my paid vacation or lose it. Is this legal? I work at a private catholic school.

I did not use all vacation time in 2019-2020. I asked to use all of my time from 2020-2021 to take care of wife and newborn. My supervisor says I need to deduct 24 hours I used in November 2020. I assert that I should not have been forced to use all my vacation time from the previous year during... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 15, 2021

Vacation pay, once earned, cannot be taken from you. However, an employer may have a policy that caps vacation pay at a certain amount so that the employee does not earn more vacation pay until there is room under the cap to accrue more.

Your post is a bit unclear about what your employer...
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1 Answer | Asked in Employment Law for California on
Q: I was let go from a job during quarantine. But I I never received a call saying I was let go. Is there anything I can do

Other people I worked with said they were called and asked if they wanted to go back to work and if they didn't they would be let go but I never received a call from no one

Neil Pedersen
Neil Pedersen answered on Apr 15, 2021

I am sorry but your employer had no legal duty to bring you back to work after you were let go. Unless you can prove you were not brought back because you are a member of a protected class of people, you really have no recourse other than to start looking for other work.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: Severance payment being withheld over companies failure to collect their work equipment

The agreement states that work equipment should be returned. The company made arrangements with Fedex to collect the equipment from my residence. Fedex have not shown up to collect the equipment on multiple occasions. The company are now trying to strongarm me into take care of returning their... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 15, 2021

Contract interpretation will determine who is in the right here. Therefore the precise words of the contract will be important. You need to take your agreement to an attorney who can be allowed to read the language of the agreement and give you specific advice you can rely upon.

Good...
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1 Answer | Asked in Employment Law for California on
Q: In California, can my employer withhold my final paycheck for 72 hours after termination because of my background check?

I work in California and was just terminated by my employer because they found something on my background check that they did not like. Also, just in case it makes a difference, I am still in my probationary period. I know California law says that I am entitled to my final paycheck at the time of... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 15, 2021

Your employer is wrong. There is no exception to the law for those terminated for problems with their background. You will likely be entitled to Waiting Time Penalties equal to one day of pay for each day you are made to wait for the final paycheck, up to a total of 30 additional days of pay.... Read more »

2 Answers | Asked in Criminal Law and Personal Injury for California on
Q: So I think everyone is aware of the “Suffocate me with you thighs” jokes people make. But if that were to actually

Happen and someone loses their life, what would the person with the thighs be charged with?

Dale S. Gribow
Dale S. Gribow answered on Apr 14, 2021

Subvaginal constriction……..?

If it was accidental maybe nothing or battery.

If intentional then manslaughter or murder

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2 Answers | Asked in Trademark for California on
Q: Looks like there are lots of PURSUIT trademarks. Can I add one more?

Pursuit is a mens fitness program. Can I get a trademark for it?

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 14, 2021

You should consult with an attorney who will then do a search and give you a risk analysis.

Most likely you will need to choose something else.

Best luck.

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2 Answers | Asked in Probate for California on
Q: Probate for unclaimed property?

My mother died years ago. All she had was a bank account that I took control of. No house of her own or valuables. She had no other children but me. Late last year, I received a letter in the mail from a company called OCWEN that she has unclaimed property in the value of $1273. I contact them... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on Apr 14, 2021

Oftentimes when this issue comes up as you have described, the company is located outside of California and is not aware of our small estate laws. Having counsel represent you with the company can generally resolves this lack of understanding by the company.

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1 Answer | Asked in Personal Injury for California on
Q: What do I do if Lawyer stops communicating with me? There is a scheduled Summary Judgment tomorrow.

Lawyer told me I would not receive any of the settlement because he will invest the money.

William John Light
William John Light answered on Apr 14, 2021

Contact the State Bar and make a complaint if you attorney won't talk to you and/or won't disburse your settlement funds.

2 Answers | Asked in Estate Planning and Social Security for California on
Q: Mom is 78 and rec'v monthly Survivors Benefits from SS. She is a beneficiary for an IRA/401K. Will she lose her SS?

Her brother died, he was 75 and had no dependents. Mom is the next of Kin. She receives her deceased spouses SS Retirement benefits that started when she retired at 62. She was left to take care/close out his banking and found out he had a 401K and an IRA. She is a beneficiary on one and had to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 14, 2021

It depends a great deal on what kind of benefits she is receiving. If she truly is receiving Social Security survivor RETIREMENT benefits, then the inheritance will not impact her benefits eligibility at all. If she is receiving something else, like SSI, the inheritance would impact her benefits... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Looking to switch from consular processing to adjustment of status. How do I do it?

Case has been documentarily qualified for over a year and the beneficiary is currently visiting in the US. Other than submitting I-485, are there any other steps that need to be taken? Will there be a long delay if we switch? Any reason not to switch since there is a large backlog of consular... Read more »

Agnes Jury
Agnes Jury answered on Apr 14, 2021

Switching from consular processing to Adjustment of Status is technically doable and easy but whether it should be done is a very fact sensitive analysis that should be done with an attorney because of the risk of potentially being denied Adjustment of Status. I recommend you at least do a... Read more »

2 Answers | Asked in Employment Discrimination and Sexual Harassment for California on
Q: Ive complained about nothing being done about sexual harassment and am now being treated poorly by supervisors

I work at a school and have had multiple comments made to me by students. I have reported it all to my supervisor, and her supervisor as well. The students had no consequences. The counselor came in a did a presentation for a few students talking about what sexual harassment is. I met with both... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 13, 2021

You can contact the California Department of Fair Employment and Housing (DFEH) or the Federal government's Equal Opportunity Employment Commission (EEOC) and file a claim for sexual harassment. Here's the link to the DFEH: https://www.dfeh.ca.gov/ and here's the link to the EEOC:... Read more »

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can I have multiple attorneys present in interview with LAPD? Can police only allow one attorney to be present?

For example have 6 attorneys in the interview room.

Louis George Fazzi
Louis George Fazzi answered on Apr 13, 2021

You can take a whole army with you, but don't be surprised that they limit the attendance. Two might work, or even three, but when you get more than that the size of the interview room becomes an issue. Be prepared when they ask you why you need so many lawyers to advise you.

1 Answer | Asked in Criminal Law for California on
Q: what if a cop apart of my case is friends with the plantiff

Is that legal especially if he is my arresting officer

Dale S. Gribow
Dale S. Gribow answered on Apr 13, 2021

more info would be helpful.

depending on the facts it would be legal, but the cop should have turned it over to another officer b/c of the conflict

1 Answer | Asked in Real Estate Law for California on
Q: Whats the easiest way to buy a reltive out from their percentage on a property

I want to buy out 25% of a relatives intrest in a family owned proprty for a set amount. Need to know the quickest way to do this.

John T. Kontrabecki
John T. Kontrabecki answered on Apr 13, 2021

Make a cash offer. Open escrow with a title company if the offer is accepted. Ask the title company to prepare a quitclaim deed from the family member transferring the title to you. Ask the family member to sign the deed and deposit the deed into escrow. Deposit the cash into escrow. The title... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Probate for California on
Q: Do children have any rights to their deceased dad's stuff if his mother never informed them of his death?

2 days ago my brother told me that our dad died last March. I live in Missouri and my brother was in prison at the time.The coroner told me that our dad's mom made arrangements for everything. My father told me that there were things he was wanted me to have (pictures and a car). I'm the... Read more »

James Edward Berge
James Edward Berge answered on Apr 12, 2021

In California, the decedent’s children are the intestate heirs of the decedent and not the decedent’s parents. If dad died testate (with a Will), the beneficiaries under that Will are entitled to his property. Demand to know why your dad’s mom thinks she’s entitled to the property. If... Read more »

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2 Answers | Asked in Estate Planning and Tax Law for California on
Q: What can be done if "B" trust assets were donated benefiting "A" trust executor and second wife?

Father-in-law is Bill. His 1st wife is Mary. They had a trust that owned 20 rental homes. Beneficiaries were 3 kids. About a year after Mary died, Bill remarried. Ten yrs later, Bill and second wife Joyce created a trust. At that time, 10 rentals were put in a "B" trust (Mary's... Read more »

Jonathan Purcell
Jonathan Purcell answered on Apr 12, 2021

The 'B' subtrust of the Mary and Bill trust, holds ten properties.

Joyce presumably has a right to periodic income from rents.

Could a loan be arranged using equity based on one or more properties to secure a loan, which would be repaid on the death of Joyce?

This...
Read more »

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5 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Should my partner and I purchase our home as a joint tenancy or TIC? We are unmarried; He has kids from prior marriage.

We both want to be able to remain in the home, make improvements, or sell if the other passes away. He wants to ensure his children to receive his share of the proceeds if the house is sold after his death. We may get married and have more children in the future. What is the best ownership... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Apr 12, 2021

TIC, or put it in a Trust.

Joint tenancy would mean that when A dies, B gets it all. B may not remember or want to give assets to the children of A. B might just meet a new person after the funeral and forget A completely! It happens, and poor A's kids get left out in the cold....
Read more »

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1 Answer | Asked in Civil Rights for California on
Q: Good afternoon, my inquiry reference a CALIFORNIA civil court case, what proof of service form is required?
Margaret Ann Sedy
Margaret Ann Sedy answered on Apr 12, 2021

For a Summons & Complaint, the Judicial Council Form POS-010 is required, which can be found here: https://dev.greenfiling.com/cadoc/data/CA-forms-unlocked/pos010.pdf

Note, that if an entity was served via substituted service, the process server must almost complete a Declaration of...
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1 Answer | Asked in Consumer Law, Real Estate Law and Land Use & Zoning for California on
Q: Hi We live in Saratoga, CA and are having problems with our neighbors across the street.

The neighbors put up bright lights on the front door, gates etc and the glare is coming into our kitchen and front bedrooms. We tried to talk to them and requested to use softer lights or direct back toward their house but they refused to talk. We went to the city, but the code does not have any... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Apr 12, 2021

IF THIS: "We went to the city, but the code does not have any light-trespassing/pollution laws"

is true, it may be tough to sue them? Perhaps you can find a way to limit that intrusion?

Higher hedges? Some shades?

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