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California Questions & Answers
1 Answer | Asked in Car Accidents for California on
Q: CA-Drunkdriver totaled my parked truck damaged 2 others. His insurance only covers 5k could I sue him for remainder?
William John Light
William John Light
answered on Oct 2, 2022

You could. Good luck collecting. You are better off making a claim to your own insurer. Your rates should not go up for a no fault collision.

1 Answer | Asked in Sexual Harassment for California on
Q: Is it legally "forced penetration" if the victim still has their undergarments on? Referring to Penal Code 289(A)(1)
William John Light
William John Light
answered on Oct 2, 2022

If there was penetration, no matter how slight, then yes.

Q: California Seatbelt defense falsely being claimed by defense counsel

Filed in pro per civil unlimited against negligent driver that rear ended me and was cited for speeding at scene of accident. Went to hospital and have been treating for spinal injury. Defense counsel for Kemper responded to suit by claiming plaintiff, (myself) not wearing seatbelt. However, I was,... Read more »

William John Light
William John Light
answered on Oct 2, 2022

Defendants get to assert defenses. They have to prove them by a preponderance of the evidence. You are entitled to dispute the defenses. That happens at trial by testimony or other evidence. Since there has been no trial, you have no right to prevent the Defendants from claiming this defense.

1 Answer | Asked in Estate Planning for California on
Q: Regarding a trust my parents set up; my father has passed. My mom has been deemed incapacitated.

Can the successor trustee(s) change anything wished by my parents. I am not being advised of anything even though I am a co-successor trustee and beneficiary. Can the successor trustee(s) do as they please, even though I am not being asked my to be involved in any of the decisions. Please help me... Read more »

Julie King
Julie King
answered on Oct 1, 2022

The answer to both of your questions will be written in your parents’ trust. Some trusts say successor trustees cannot change anything, other trusts say the successor trustees can change a trust if the law changes, and still other trusts have completely different terms. The same is true with... Read more »

1 Answer | Asked in Tax Law, Banking and Collections for California on
Q: Can California FTB levy my parents bank account if I'm added to the account?

My mother just died and my father wants to add me to his bank account incase something happens to him so I'll be able to pay the bills and have access to his money once he dies. I owe the Cal FTB 25K and they have levied my bank account earlier this year and took around 1200 from previous... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Oct 1, 2022

Yes they can. And while you might be able to get it back, it’s not worth it.

Simply get a power of attorney form from the bank and have your dad add you as a POD beneficiary on the account.

1 Answer | Asked in Copyright, Criminal Law, Employment Law and Personal Injury for California on
Q: California CCP 170.6. Granted Nov/21. Then I filed " BLANK " motion in August 2022 and the disqualified J is back ?

It's a commissioner not a judge . And the Honorable un separate action took RJN of the Disqualified Case. within consistent ' FACTS ' noticed. 3rd world....

Dale S. Gribow
Dale S. Gribow
answered on Sep 30, 2022

if this is a Commissioner and not a judge, just don't stipulate..........don't waste your 170.6

1 Answer | Asked in Personal Injury for California on
Q: Yes I have at first I didn’t think about them fixing it I’m not that kind of lady. But I can’t afford it. So is there a

Neglected attorney near me

Dale S. Gribow
Dale S. Gribow
answered on Sep 30, 2022

one is only responsible if they were negligent.

a lawyer would want more facts.

were there wits?

were they all the same?

every lawyer has a different criteria...........we don't take a case that is more than a week or so, old.

we don't know what you...
Read more »

1 Answer | Asked in Personal Injury for California on
Q: On 4/29 a friend offered me a foster farms corn dog I had purchased on the 3rd of april it broke my tooth& upper. Can u

Can u help me I tried to fixe myself but insurance won’t cover. I’m 61 I did ask for my center tooth to knock out and cracked my upper plate. The stick was all the way to the top of corn dog so I bit down right on the stick no hot dog. I don’t know what to do I can’t agord to the work done... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 30, 2022

i suggest you make an appt asap with a local attorney specializing in negligence.

an attorney would want to go into more detail as to the facts of this matter.

if this happened on 4/29/22 I am guessing you have talked to lawyers who have rejected the case. Is that correct?

2 Answers | Asked in Personal Injury for California on
Q: My son was hit by another vehicle last summer. Do I need to keep our policy open while its still in litigation?

My son used his private insurance for medical bills. The other driver didn't give his insurance info until later on..the attorney he has does not specialize in auto accidents and I feel he is being screwed on any settlement to pay back the medical costs. I want to switch auto insurance... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 30, 2022

You can switch insurance companies now without a problem. The duty of your insurance to pay on a claim relates to the operative time period of the policy, so if you had coverage with the former insurance company at the time of the accident that policy is responsible to pay the losses associated... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can I get my handmade wire wrapped jewelry art protected by design by copyright or trademark
Erik Špila
Erik Špila
answered on Sep 29, 2022

In most cases, you can use all of them to get maximum protection. Each of these protect something different. At first you should perform trademark/design search to make sure there are no-conflicting prior rights and then decide what strategy suits you best.

If you need any further advice...
Read more »

1 Answer | Asked in Child Support, Divorce, Estate Planning and Collections for California on
Q: My father owes child support arrears to my now deceased mother. She left no will and the state has ceased garnishment.

As child of which the arrears were accumulated for, how can i obtain a new minute order, directing pauments to me and my sister? No will or assets from deceased mother

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2022

I believe child support ceases upon his death. It's your mom to whom he owed the support, not you. In fact, many states require the payor to obtain life insurance to cover the projected child support in case the payor dies before its paid.

2 Answers | Asked in Employment Law for California on
Q: Can a company sue a non-employee for return of computer if they have no proof that they delivered it to my home?

I'm a freelancer who was working FT for one company. An assistant, with the company (using personal car), delivered computer equipt. to my home during COVID two years ago. I did not sign any documents upon receiving equipment. I no longer work for with this company. They have not asked for... Read more »

Brad S Kane
Brad S Kane
answered on Sep 29, 2022

First, you should do the right thing. Remember the Golden Rule - treat others how you would want to be treated. Would you like someone to keep your equipment, because they think you may not be able to prove it is your equipment. You would be outraged.

Second, even if you did not sign...
Read more »

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1 Answer | Asked in Probate for California on
Q: Dad passed 2012 mom started probate 2021. Mom passed 2022. Was told I will get nothing. I know siblings manipulated mom.

I don't know I w what to do. Mom passed in AZ I'm in CA. Help.

James R. Dickinson
James R. Dickinson
answered on Sep 29, 2022

If the probate is open in Arizona, speak with an attorney licensed in that state. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Family Law for California on
Q: Can I deny visitation to protect the other kids health from a upper respiratory infection which is contagious till clear

I have 3 daughters with children mom she kept my 3 year I got my 6 and 7 baby baby went to doctors has a upper respiratory infection I don't want 6 and 7 to be around her till she is cleared by doctor can I deny visitation for health concerns I do have custody mother only has visitation

James R. Dickinson
James R. Dickinson
answered on Sep 29, 2022

You've omitted some important information. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Family Law for California on
Q: Am I responsible for my husband’s debts? We don’t live together but we are not legally separated.

Hello. I don’t live with my husband for few years but we are not legally separated. Will I be responsible for his credit cards debts, mortgage debts etc? Thank you.

James R. Dickinson
James R. Dickinson
answered on Sep 29, 2022

The community is responsible for community debts. You'd need advice though regarding your specific situation. More information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Divorce for California on
Q: Is minors counsel suppose to advise parent to stop paying child support and force a work seek order
James R. Dickinson
James R. Dickinson
answered on Sep 29, 2022

No. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Libel & Slander, Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: The county of Santa Cruz is using my birth certificate for a promissory note to pay for everything from A to Z.
Dale S. Gribow
Dale S. Gribow
answered on Sep 28, 2022

are you sure it is the county and not an ID Theft?

contact your local police

1 Answer | Asked in Divorce for California on
Q: My ex wife agreed to more favorable divorce terms to arrearments. How do I submit that to the court?

Do file an appeal? Submit the request after she signs it?

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

You should speak with the attorney who assisted with the divorce. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Should I have an attorney represent me for a TRO mediation for civil harassment that my neighbor filed against me?

My neighbor has been harassing me since April so I sent him a cease and desist letter and in turn he filed a restraining order against me. When I responded to the restraining order he decided he didn’t want to go through with the TRO and got an attorney to represent him. We have decided to go... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

Yes, you should have an attorney to represent you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Criminal Law for California on
Q: My husband got 2 years for his non violent charges but they doubled it up because of a strike he got in 2014.

Does he qualify under senate bill 483 for resentencing to get the enhancement taken off to the base term?

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

He should speak with a local attorney regarding this. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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