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California Questions & Answers
2 Answers | Asked in Consumer Law for California on
Q: I had solar installed two years ago and it is not producing as it should. The company has filed chapter 11. Any recourse

They still advertise instalation .and will not respond. My electric bill is now high.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 8, 2024

Q: I had solar installed two years ago and it is not producing as it should. The company has filed chapter 11. Any recourse

They still advertise instalation .and will not respond. My electric bill is now high.

First, it is rare that ONE company does this all. Usually there are...
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2 Answers | Asked in Medical Malpractice for California on
Q: Went in for Colonoscopy and had my kidney puncture got sepsis

This is on my chart?

Sepsis, AKI following cyst rupture during colonoscope, DC 5.3.2023

Feels tired and has blood tinged urine and pain

DC on pain meds

Joel Gary Selik
Joel Gary Selik
answered on Oct 7, 2024

This can happen during a colonoscopy with or without malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Consult with experienced medical malpractice attorneys in...
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2 Answers | Asked in Employment Law and Contracts for California on
Q: What action can my employer take against me for mentioning our co is partnering with another and we have a NDA

I was at a conference. Met a gentlemen’s that works for company being acquired by the company we are in the process of partnering with. Contract is not signed. I never saw the NDA but it is standard practice to have one so it is assumed. I dont know whats in the NDA as far as any special... View More

Neil Pedersen
Neil Pedersen
answered on Oct 7, 2024

There is no criminal exposure here, so do not fret that.

You are considered to be an at will employee unless you have an agreement to the contrary about that status with your employer. Your employer can discipline or terminate you at any time and for any reason or for no reason at all....
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2 Answers | Asked in Estate Planning and Family Law for California on
Q: My idiot brother is stopping me from seeing or talking to my mom because he has the power of attorney.

I know the power of attorney doesn't give him that right.

Julie King
Julie King
answered on Oct 7, 2024

Each power of attorney gives different rights or powers to the agents (people who are given the powers.) Lawyers would need to read the Power of Attorney in your particular case before they could give you an opinion as to what your brother can and cannot do. The two most common documents in estate... View More

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3 Answers | Asked in Foreclosure for California on
Q: A Notice of Default on our home equity loan (2nd loan) for our primary residence.

A Notice of Default on our home equity loan (2nd loan) for our primary residence was filed on July 30, 2024. This 2007 home equity loan was taken out solely by my mother who passed away in 2020. Furthermore, the first mortgage on the property, which is in my mother's name only and is with a... View More

James Clifton
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James Clifton
answered on Oct 6, 2024

Addressing a default on a home equity loan, particularly one with the complexities you've described, involves understanding several legal principles.

The lender can foreclose on the deed of trust within 10 years after maturity if the recorded deed of trust recites a maturity date, and...
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2 Answers | Asked in Immigration Law for California on
Q: Can a legal temporary resident apply to change their name and last name in California?

I’m an italian citizen who’s also a legal temporary resident in California.

Can i apply to change my name and last name just as a permanent resident would?

Does the state of California only allow permanent residents to change their name?

What does the California... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Oct 7, 2024

Yes, as temporary resident, so long as you meet the residency requirements in California and the county that you are residing in, you are able to file for a legal name change.

There is absolutely no relevance of your immigration status in the United States in order to change your name...
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2 Answers | Asked in Personal Injury for California on
Q: Am I being represented fairly?

In December 2022 I was involved in a vehicle/cyclist accident, me being the cyclist. Emergency room doctors and diagnostic tests diagnosed me with a compression fracture deformity of the T11 and T12, thoracic and cervical sprain with myospasm, and lumbar radiculopathy discitis. I sought lawyer... View More

Haleh Shekarchian
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Haleh Shekarchian
answered on Oct 5, 2024

You should ask for a copy of your file in writing from your attorney. Then you should make an appointment and see anyone of us on Justia for a free consultation. We need to review the file to see why the first offer made by the insurance is so low. Has the attorney negotiated to try to get a... View More

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3 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: What can be done if someone who is 30 never had a job and is in college but wants a job but no one would hire them

I mean it’s not my fault that my family told me to stay in school and now I want to make extra money but no job would hire me what can I do about this is this discrimination is this ageism prejudice etc going on what can I do about this who do I reach out to because this is not supposed to happen... View More

Neil Pedersen
Neil Pedersen
answered on Oct 4, 2024

There is no meritorious legal claim for age discrimination for those under the age of 40. Sorry. It is perfectly legal for an employer to refuse to hire you if you have no skills or experience, and even if they admit that they are hiring you because of your age, you do not have a legal claim.... View More

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2 Answers | Asked in Employment Law and Constitutional Law for California on
Q: Is this legal? they are coercing me to cover negative amounts in order to

get funds, I put in to cover previous amounts I attempted to cover and the salary/commission

,

Leanplum is a remote sales team. They hire people to click buttons on your computer and push companies up the search engine line. It started ok, but seemed a little off. In one day they... View More

Neil Pedersen
Neil Pedersen
answered on Oct 4, 2024

BEWARE - This models many scams I have seem many times. I cannot tell you that this is a scam for sure, but it looks a lot like proven scams in the past. And note, if you are an employee, this is an unlawful employment practice. Good luck to you.

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5 Answers | Asked in Estate Planning and Civil Rights for California on
Q: Can an attorney who claims to have personal knowledge submit two different versions of an event to the court? !
Julie King
Julie King
answered on Oct 4, 2024

People can write whatever they want and give the document to the court clerk, who will accept it so long as it is in the right format. But, after that point, the judge and any opposing party will read it. If the information that the witness changed is material (meaning it matters from a legal... View More

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5 Answers | Asked in Estate Planning and Civil Rights for California on
Q: Can an attorney who claims to have personal knowledge submit two different versions of an event to the court? !
Tim Akpinar
Tim Akpinar
answered on Oct 8, 2024

If you're asking whether attorneys could present more than one legal theory (pleading in the alternative), that is generally permissible, subject to the rules of civil procedure of the jurisdiction. Federal Rules of Civil Procedure allow it. If you're asking if someone could present... View More

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3 Answers | Asked in Bankruptcy for California on
Q: My credit card debt cuts into the food budget. How do I know if I should join a consolidation program or file bankruptcy

My credit debt payments are cutting into the food budget and rent just went up again. I have not missed a single credit card payment. My total debt is $23,232.54 and my monthly income is between $2500 to $2900. I currently hold 2 part time, minimum wage jobs and am enrolled as a full time student... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 3, 2024

I've had scores of bankruptcy clients who have voiced deep regrets about debt consolidation groups.

Only a federal bankruptcy court, not any state court and certainly no debt consolidation group can provide a legal discharge of debt.

And with certain limited exceptions, no...
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2 Answers | Asked in Employment Law for California on
Q: Employer initially said I could work remote but has changed their mind two weeks out from my move. Do I have to resign?

Initially I was told I could work remote. Between the time that I was told this and the time I had a set move date, the employer put me on probation. Now two weeks out from my move, which falls a week before the end of the probation period, the employer tells me I cannot work remote for other... View More

Neil Pedersen
Neil Pedersen
answered on Oct 3, 2024

If the work from home was part of a reasonable accommodation of a disabling condition, the answer might be quite different. If not, then as an at will employee your employer can change the terms and conditions of your employment at any time and for any reason or even for no reason at all. That... View More

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2 Answers | Asked in Medical Malpractice for California on
Q: Anesthesiologist attempted the epidural 7 times, leading me to have nerve damage. After, I was told it was my fault.

Went into labor on 6/4/24, the anesthesiologist poked me 7 times. During those attempts, he said "Oh, I went a little too much to the left" and "oh, I hit a bone" and another time my leg jolted because a nerve was hit. After the epidural was successful, I was told "if you... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 3, 2024

It may or may not be malpractice. Malpractice means that a health care provider acted below the standard of care and that that action or inaction caused harm. Another qualified health care provider or providers would be needed to testify as to the breach of the standard of care.

Another...
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3 Answers | Asked in Consumer Law, Construction Law and Small Claims for California on
Q: It's almost 2 years since shoddy work was done by a CA contractor who I now know was unlicensed. Is it too late to sue?

He promised/agreed to refund me $2,500 due to the bad work and has been very slowly paying me for the past two years, although he has now been avoiding answering my texts for most of 2024 and I don't think he will finish refunding me what he promised. The job was $4,000 and he has paid back... View More

Leon Bayer
Leon Bayer
answered on Oct 3, 2024

I'm really sorry for you. Unfortunately, the time to be vigilant is before you hire a contractor. As you now know, everything you now know about him could have been discovered by you before you hired him.

I'm sure you already know that deadbeats don't pay their bills....
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2 Answers | Asked in Workers' Compensation for California on
Q: MMI reached, doctor sent me for FCE. Both same conclusion. Can WC agent dispute both and terminate my APD benefits?

I have two separate doctor's and only one has submitted a final report. The agent said she doesn't believe either FCE doctor nor my spinal doctor.

WC Agent, without notice sent me a termination letter 2 weeks after being terminated for APD benefits. I have two doctors and she... View More

Ryan D. Kayrell
Ryan D. Kayrell
answered on Oct 3, 2024

Hi there,

Your question is actually quite complex. In a California workers' compensation case, there are different scenarios where you will receive permanent, partial disability payments. The maximum rate of these payments is $290 per week. The length of time you receive these...
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2 Answers | Asked in Traffic Tickets for California on
Q: just bought a car. Driving because gf gets migranes with the weather. Pulled over for "speeding" car gets towed. Just

Here. No support. Said I needed IID. but I didnt. Could've let my gf drive home. Forced to walk home 7 miles on freeway. Officer said " take it up with the judge" no empathy or understanding/compassion for us and our only family vehicle. That's the law though right? Because I... View More

Robert Kane
Robert Kane
answered on Oct 3, 2024

Who said you needed an IID? The problem is you clain to have a built in excuse to drive illegally because you can simply claim she's having a migraine every time you get pulled over with her in the car. I doubt the "we would be forced to walk home 7 miles on freeway" excuse is going... View More

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3 Answers | Asked in Divorce for California on
Q: I have a close friend and SAHM whose husband wants a divorce. He wants to hire one lawyer for both of them.

He controls everything. She has no access to the family computer, money or to any financial accounts. She doesn't work and would need alimony. I think he wants to have a lawyer for only certain parts of the divorce. Should my friend agree to this?

Robert Kane
Robert Kane
answered on Oct 3, 2024

It seems clear you don't believe it's a good idea, and it probably isn't. Even if everyone agrees to it initially, it can be quickly ended once there's a conflict. If the attorney sees a problem, she would be obligated to withdraw. Hopefully she understands this and is of good... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Inherited house my parent lived in. I have a sibling living in there, no lease. It has been two years. How to get out?

The sibling has been difficult. Has changed things, like the locks, without consent. They have thrown things away that belonged to our parent. They have someone living there without my consent. They have no claim to it. They have done very minor up keep and repairs, but, again, without consent or... View More

James Clifton
PREMIUM
James Clifton
answered on Oct 2, 2024

If you solely inherited a house and a sibling is living there without a lease or your consent, you can legally remove them through the following steps:

Notice to Quit: Issue a written notice requesting them to vacate the property. California law generally requires 30 days’ notice, but it...
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2 Answers | Asked in Real Estate Law for California on
Q: I own 20 acres of vacant land with another party. I have been solely paying the taxes for the last 9 years.

They recently passed away, but never paid their portion of the taxes. What can I do to obtain 100% ownership of the land or get the lot split

James Clifton
PREMIUM
James Clifton
answered on Oct 2, 2024

Without buying out the other owner's share, you would need to file a partition to split the property between yourself and the other owner's estate. You can also file a claim for contribution against the estate or include the claim for contribution in the partition to have half of the... View More

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