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California Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Had hours reduced to nothing then had a altercation for taking too long coming back for helping store get bags to bag

Items was clocked out and cashed out and was told to go home heard from someone that not the store manager but a regular employee that I no longer have a job but no manager or upper management has informed me that I no longer work there the person was told by the manager I got into it with I no... Read more »

Louis George Fazzi
Louis George Fazzi answered on Nov 18, 2019

You really need to discuss your issues with an experienced employment lawyer. You can find good ones by looking up the California Employment Lawyer's Association (CELA) and going to their website (https://cela.org/index.cfm). You can cut and paste this link into your browser, or simply Google the... Read more »

1 Answer | Asked in Business Law for California on
Q: Is It possible for a PC with a MD director and P.A., for an esthetician to hold shares through joint venture or other?
Robert Philip Cogan
Robert Philip Cogan answered on Nov 17, 2019

If you mean a medical practice PC, probably not. However, the question is unclear. What is it you want to do? Just mentioning "holding shares through a joint venture" does not give much of a hint about what legal solution might be appropriate.

1 Answer | Asked in Criminal Law for California on
Q: If I was charged with a felony hit and run and I was on unsupervised probation what are my punishment?

There was mild traumatic brain injury to my passenger. I was not under the influence and I dont have a license. I'm 18 years old. I did call 911 to bring help to passenger but I panicked and went to get help from mom.

William M. Weinberg
William M. Weinberg answered on Nov 17, 2019

You could be punished both for the new crime and buy additional time remaining on the probation case. I strongly recommend not commenting any further about details and hiring an attorney right away. Sounds like he did a lot of good things at the beginning that may help you at the end.

1 Answer | Asked in Contracts, Real Estate Law, Health Care Law and Landlord - Tenant for California on
Q: The Light Fixture Fell Down From An Apartment Just Rent In September

The light fixture just fell from an apartment that we just rent. Luckily, no one got injured. But, we, as college students, still felt that this incident was very dangerous. However, the leasing office response was "everything could happen." The argue point was that we signed the contract only two... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 17, 2019

First take pictures and videos. Second, write a letter to LL and explain all that happened and ask manager to fix the problems. Best of luck.

1 Answer | Asked in Probate for California on
Q: My dad past two year.he left me property as payment for helping him in business with some days no pay,my mom sold home

She secretly no sign no one came to look at home I suddenly got call saying I have to move I ain't greedy I don't want the money I want what my dad's wish was to save home for future generations my mom put herself on deed my dad would say I thought it was them fighting again but the way my mom... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 16, 2019

You narrative is missing a whole lot of important facts, like whether or not your dad had a will and how the house was titled. The best way to sort this out would be to schedule a consultation with a will contest attorney in your area. This forum is for questions of a general nature. For... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: I need to transfer my property from a trust to myself after the death of my mother. I don’t know how to do this .

My mother passed 5 years ago. She gave me the house upon her death, it was in the family trust before this. I need to change the title.

Nina Whitehurst
Nina Whitehurst answered on Nov 16, 2019

The best way to do this is to hire an attorney to assist you. Most estate planning and trust administration attorneys (such as myself) do this on a regular basis. The fee is usually quite affordable compared to the litany of problems you could experience in the future if this is not done... Read more »

3 Answers | Asked in Bankruptcy for California on
Q: Hello, 4 years into chapter 13 plan have relocated to new state unable to make remaining payments income loss health

We now live in Iowa how do I convert to a chapter 7 Some of the remaining $8000 owed in my plan is to my attorney which is a bit awkward what are my options. Would I have to fly to California to attend the meeting of creditors or can it be done remotely given the expense to travel

Harlene Miller
Harlene Miller answered on Nov 16, 2019

A chapter 13 case can be converted to chapter 7 at any time. It is a fairly simple form. I recommend you talk with your attorney or if he will not assist you because you owe him money, you will likely need to find another attorney to advise you about the conversion and have your attorney... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord bring future tenants to view property while I still live here?

The tenant sends me a text that they are coming to view the property. However she text me 30min-5hr before. Is she allowed to bring people to view the property and if so is there a certain amount of time she needs to give us before bringing people.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Nov 16, 2019

Yes, she can show the property to prospective tenants while you still live there, but you are entitled to written notice, and 24 hours is presumed a reasonable amount of time. If you want to insist on your right to proper notice, you should carefully read Civil Code section 1954:... Read more »

2 Answers | Asked in Car Accidents for California on
Q: Car accident other party was uninsured and ran the stop sign and I need info on suing for pain and suffering

Workmens comp covered medical bills and I still have back pain and headaches and I am insured but have a deductible im asking for the deductible to be reimbursed but after a year having trouble collecting from the other party now we are starting the paperwork for small claims court and I was just... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 16, 2019

more info needed.

did you have auto insurance?

if so pursue an UM claim?

consider small claims if minimal amount.

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1 Answer | Asked in Personal Injury and Internet Law for California on
Q: If celeb X talks publicly about how celeb Y is factually mistreating them, can Y sue X for X's fans online behaviour?
Dale S. Gribow
Dale S. Gribow answered on Nov 16, 2019

though more info is needed, it is a simple rule that anyone can sue anyone for anything at any time.

the question is will you win and then will you be able to collect.

the biggest issue i suspect is that you will not be able to get a lawyer to accept the case on a contingency....
Read more »

6 Answers | Asked in Bankruptcy for California on
Q: Can you advise me with a senior bankruptcy issue?

I have outstanding, very high credit card debts it is unlikely I can ever satisfy. Is bankruptcy the answer?

Theodore Allan Greene
Theodore Allan Greene answered on Nov 15, 2019

Bankruptcy may well be the answer. There are limitations on who can file, etc... so you need to sit down with an experience Bankruptcy attorney and go over all your options.

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1 Answer | Asked in Criminal Law for California on
Q: I was raped 10/27/19. One day later, I went to my fam doc & to my MFT and neither med prof. made the required report. ??

Under CA law isn’t this required. If I’m pressing charges, wouldn’t this help me with my prosecution of the perpetrator? My MFT thinks that her talking to police is NOT IN MY BEST INTEREST? I do not understand, does she not believe me????

Dale S. Gribow
Dale S. Gribow answered on Nov 15, 2019

more info needed.

i assume you made a police report? if so call them to add to the report.

1 Answer | Asked in Consumer Law for California on
Q: This guy tried to sell me a Jersey online, I can't pay and he said he is gonna contact the police. Can he do that?

I originally said it's a maybe, then he asked for size and shipping, so he has that info. I thought I would be good cause I was gonna start working so I would be able to buy it (I even told him that). Its been about 3 weeks and he said that he was going to call the police. can he do that?

Scott Richard Kaufman
Scott Richard Kaufman answered on Nov 15, 2019

Sounds like it was not yet shipped?

BUT, maybe he ordered one and paid for it and that cost him money out of pocket

and it's your fault?

So, YES, he CAN call the Police, BUT, they will do nothing.

So, YES, he CAN sue you and if he wins, you get a "judgment"...
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2 Answers | Asked in Immigration Law for California on
Q: Hi My Ead clock stopped 15 day after that not running what is the reason ?

Hi My Ead clock stopped 15 day after that not running what is the reason ?

My clock stopped in may 2018 but now I already went in court November 2019 for my master hearing but now also my clock stopped not running same 15 days.. and my individual date in June 2020 

Now what I do... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Nov 15, 2019

Dear Asylum Applicant,

I am sorry to hear about your asylum clock issue. If you believe that your asylum clock was stopped in error you should contact the court administrator where your removal proceedings are pending and inquired about the issue. They will be able to tell you what's the...
Read more »

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1 Answer | Asked in Contracts for California on
Q: I need legal service drafting a sales/purchase agreement. Can you handle this service? Regards Kevin Cullinan
Tim Akpinar
Tim Akpinar answered on Nov 14, 2019

This is only a basic question & answer board. That's probably why the post remained open for three weeks. If you are still seeking an attorney, it might be quicker to simply approach attorneys on the site (under Find a Lawyer), conduct an independent search on your own, or look into the resources... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: I have a question on CA prop 13 transfer between parent and child.

My mom relocated to a managed care facility last year. If I purchase the home she lived in for 50 yrs, will I be excluded from reassessment of the property and be able to continue getting the prop 13 tax advantages and if so, does it need to be my primary residence?

James Edward Berge
James Edward Berge answered on Nov 14, 2019

Whether it's a sale or gift of property to you by a parent, you should still qualify for the parent to child reassessment exemption under Proposition 58 which extends Prop 13 protection to the child, regardless of whether that child is a minor or an adult. If the property being transferred is the... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for California on
Q: Additional questions to: What is the cost of a POA in CA? My sister resides in CA, had a stroke in July, in rehab in CA.

Thank you for your previous answers. Ms. Whitehurst, what other "eventualities" are you referring to? And, Mr. Gaffney, so, is it necessary and/or advised to obtain a physician's letter stating she has "the mental capacity to understand what she is signing"? We are also awaiting approval for SSI... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Nov 14, 2019

If a person has some impairment, then you are right to worry that someone may later claim that they did not have the capacity to sign the document. We usually work the other way around (getting a doctor to say someone is incompetent), but I like your defensive thinking in making sure that she has... Read more »

2 Answers | Asked in Juvenile Law and Sexual Harassment for California on
Q: Is it illegal for an adult(or a 17 year old) to send a 14 year old nudes(without consent).
Nicholas John Saranto
Nicholas John Saranto answered on Nov 14, 2019

It’s against the law in California to possess, produce or distribute “obscene matter” depicting children younger than 18. This would be a violation of PC 311, the state’s child pornography law. In cases where both parties are under 18, state courts have been known to show some leniency.... Read more »

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1 Answer | Asked in Civil Rights, Criminal Law, Family Law and Federal Crimes for California on
Q: A student just threatened to break my nose several times. What are my rights? Should I leave and go to HR or the police?

I am a 1-1 instructional aide for a high school boy with an IEP. He has a history of violence and aggression. Recently, He is out of control and has threatened to physically harm me more than once. His parents are aware and apologetic. They would like him moved to another school that specializes... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 14, 2019

this is not a legal question but rather a practical one.

i would contact administration and or police for assistance.

1 Answer | Asked in Criminal Law, Employment Discrimination and Employment Law for California on
Q: A student has threatened to assault me several times, Will I be punished for leaving work he is removed?

I’m a 1-1 and am required to follow him everywhere throughout the day but he is increasingly defiant and making threats. I recently took several days off and often see a therapist for the issues I have with this kid. The school hasn’t given him repercussions and I don’t feel safe but can not... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 14, 2019

more info needed.

what is a 1-1?

this is not a legal question.

i would discuss with administration and maybe ask for another person to follow etc

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