California Q&A by Practice Area
California Questions & Answers
Q: Can u sue somebody for putting hands in u in the past if u have enough evidence?
You can sue anyone for anything. The viability of the suit is a different question
Q: Ex ordered to pay half our son’s unreimbursed medical expenses. He took off; no idea whereabouts. Next step?
He pays monthly child support; deducted from paycheck. I found him on Facebook and sent him copy of son’s hospital bill; been 35 days and zero response. Is he in Contempt of Court? What are my next steps? Thank you!
If the insurance is State funded, you can contact the Attorney General to enforce the Court Order. Otherwise, you need to hire a lawyer to file a Motion to Enforce the Child Support Order. He can be served out of State with the Motion to Enforce. Eventually, the Court could hold him in contempt.... Read more »
Q: How do I get my record expunged?
What is the conviction for on your record? Is it a misdemeanor or felony?
Q: I have options but which one is the right one
My mother brought me into the US illegally when I was 5 months. We stayed here, never left. She submitted a u visa in 2017. But I had a son last year(2018) with a us citizen should getting married with him be a quicker process? I am trying to continue my studies but can’t due to my legal status.... Read more »
More information is needed about your boyfriend. He may be disqualified from petitioning you. You may also have to seek a waiver depending upon your age, along with consular processing. That can take time and not everyone who files for a waiver is approved.
In addition, the U visa process... Read more »
Q: I had a felony case reduced to misdemeanor in 1992 for marijuana possession
I had a felony case reduced to misdemeanor in 1992 for marijuana possession
The DOJ still lists the felony convictions on my DOJ REPORT
At the bottom it’ says “reduced to misdemeanor”
How do I get the felony convictions removed ? The fbi record show and consider me... Read more »
Have you looked at vacating your conviction all together under Health and Safety Code section 11361.8?
Check out the package put together by the Orange County Superior Court.
https://www.occourts.org/self-help/formpackets/forms/SHC-CRIM-12.pdf
Q: Defendants lawyer wrote us stating he read the complaint. Do we still have to serve them?
They have evaded service thus far. The Judge recommended we default them but did not specify how to fill out the proof of service? They served themselves?
You can't default them without filing a proof of service. To do that you need to serve them properly. A party cannot serve another party themselves. Them reading it is not proper service unless they sign an acknowledgment/waiver of service. If they haven't been properly served, hire a process... Read more »
Q: Waiting for my appointment with the workman's comp doctor it is not for 6 months can they do that legally.
I don't feel very good about my attorney as I feel 6 months is unacceptable amount of time to see workman's comp doctor. My attorney told me to find a job maybe I hired the wrong one
It depends what the issue is. If this is an Agreed Medical Evaluator, sometimes the wait can be 6 months. in the meantime, however, you should be able to follow up with your treating physician if your injuries are getting worse.
If the issue is a denial of the injuries, then you should be... Read more »
Q: Did California change the law about suspended a person's license for non payment of child support?
They aren't allowed to suspend a license anymore correct?
NO. Did not California change the law about suspended a person's license for non payment of child support but proposed to change by people .
Q: trying to get papers through my daughter a U.S Citizen and is 21.
came into the country with a passport but overstayed my Visa, how do I apply for a green card through my daughter who is 21.
If you entered the US legally, and your daughter is a US citizen then you can file for an immediate relative petition, despite the overstay, provided you do not have any grounds of inadmissibility and you do not travel outside the US prior to getting your advance parole document. Counsel anywhere... Read more »
Q: If i was granted Administrator with full authority to manage the estate, can I sign a Quit claim deed to a house?
If by quitclaim, you mean sell, then you do not need a special order for the sale to proceed. However, you still have a fiduciary duty to the beneficiaries, and you must follow the mandatory procedures, such as giving proper "Notice of Proposed Action".
Q: Do you have any examples for filling out a civil form PLD-C-010
There's no way to give you a sample without knowing the facts and circumstances of your situation and without seeing the complaint with which you have been served. Having said that, you can fill in the form simply by downloading it and using Adobe Acrobat, if you have the full program or a similar... Read more »
Q: exwife roommate gave police my gun and drugs she said were mine
4 months ago a rented a room from exwife I paid the rent about $1100 a month, well in June I had someone over and she saw him smoke a meth pipe. so she asked me to leave end of month,so 4th of July went up north was gone 10 days. July she called asked if I wasn't leaving if not pay whole month rent... Read more »
You wrote a single run on sentence which is not understandable
Q: my 8 year old daughter was hit by a car in our gated commuity , can there we a lawsuit on the manger of the complex
at 7:24pm my daughter was on her way home from two doors down and a car came from behind her and hit her till she fell on the floor and then ran her leg over and did not stop . The manger is not helpful and makes us sign a paper saying no one is allowed to have vistors unless the fill out a... Read more »
You can sue the manager of the apartment complex and the owner if it knew or had reason to know of a danger to residents from some condition on the property that made it dangerous for pedestrians. If there was a history of other pedestrians being hit by vehicles that would be useful.... Read more »
Q: 2 boys about 10 and 13, were shooting my family and house. I hit one can i go to jail, im 15
Long story short, the 2 boys shot my brother and I, almost shot my sisters (the youngest of us) broke a window, stole a skateboard and snapped it. After that i chased the older one on my bike about 30 ft stopped him, pulled him off my bike and slapped him. After that I smashed it on the ground and... Read more »
Perhaps. You have the right to use reasonable, proportional force to defend yourself and your property. Penal Code section 198.5.
At the time you struck the boy, you were not engaged in self-defense. He was fleeing and you chased him down. You were meting out punishment. Whether there... Read more »
Q: How would you cite this case?
Janjua v. Neufeld, No. 17-16558 (9th Cir. 2019)
I can’t find case law on it since it’s fairly new, but how would I cite it? Can’t find too much info on it
It depends on the court in which your case is filed, but you can find the general style rules here guides.library.lls.edu/c.php?g=497703&p=3407469. Check your court for specific citation rules.
I'm not certain that Janjua has an official Cal.Rptr. citation yet, so you might just have to... Read more »
Q: I was in an accident and I was hit from behind I have no insurance and there was no police report made. Am I responsible
He claims I ran a red light and I disagree regardless he hit me from behind
Hard to understand how running a red light caused you to be hit from behind. Ordinarily, the driver of the car that strikes from behind is liable. Since you were uninsured, you are not able to recover damages for pain and suffering, unless the other driver was DUI. You can recover for your... Read more »
Q: Hi, I went to a Honda dealer ship told them we did not want the add on and alarm but still got charged for it.
We told the financier that we did not want the optional add-on and he said we couldn't do anything about it that it was already on the car and he made us sign. We told him we did not want the alarm but still came out on the contract that he charged us for it. I got home and I read that the add-on... Read more »
Read this list: https://consumerwiki.dca.ca.gov/wiki/index.php/Consumer_Transactions_With_Statutory_Contract_Cancellation_Rights
Q: what happens when your charged with brandishing a gun?
It was a bbgun. have not been arrested nor do i have a criminal record.
more info needed.
maybe hire a lawyer in your area of the state and he could possibly talk to the filing deputy in the DA's office
Q: What qualifies as a “dependent adult” in California?
Would a person on social security disability who has been diagnosed as permanently totally disabled due to mental illness (bipolar) and required to have a representative payee to manage their benefit payments on their behalf be considered a dependent adult?
This is regarding a wrongdoing... Read more »
Every case is unique and more information is needed to properly answer your query intelligently. In addition, you should NOT be discussing your case on an open forum like this.
It is always a good idea to contact a local attorney that handles these types of cases in the court where you... Read more »
Q: Two police without uniforms went to our old address and show my father picture to my neighbor and asked her question
We do not know why, he did not do anything wrong, and the address the went is our old address
Sounds like these plainclothes officers are conducting an investigation OR your neighbor is playing games with you.
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