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3 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Litigation for California on
Q: A storage facility general manager internally removed me from my storage unit which I've been paying for over a year. He

listed me as "moved out" even though I have been paying my monthly fees and all of my things were supposed to be stored in there. Upon checking my unit just now, I found out my lock was cut off and my belongings were removed without any notification to me. They also moved in a new... View More

Pavel Kolmogorov
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answered on Jan 19, 2025

Start by gathering all relevant evidence, such as payment records, a list of missing items, and communication with the storage facility. Draft a demand letter to the storage facility management requesting the return of your belongings. Report the theft to the police. You may consider exploring your... View More

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3 Answers | Asked in Divorce, Family Law, Civil Rights and Legal Malpractice for California on
Q: at my last court hearing my attorney sexually assaulted my wife and I want to sue him and file charges against him
Louis George Fazzi
Louis George Fazzi
answered on Jan 17, 2025

That sounds terrible, and I would love to help you, but I'm a California lawyer and not admitted to practice law in Florida. You need a lawyer who is admitted to the practice of law in your state. I only know one lawyer who may have practiced in your state, but his practice is limited to... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: During a divorce can the husband ask for a ring back after they gifted it but are still paying it off?

In this instance they gave me the ring for marriage. He is still paying it off and when we ended our relationship he said I can keep it via email. If this was a gift does he have a right to ask for it back? I'm just unsure how it works or how the court would see it. I have the ring still and... View More

James R. Dickinson
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answered on Jan 17, 2025

There's an exception that transmutations be "made in writing by an express declaration" for "gift[s] between the spouses of clothing, wearing apparel, jewelry, or other tangible articles of a personal nature that is used solely or principally by the spouse to whom the gift is... View More

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2 Answers | Asked in Employment Law for California on
Q: Question About Employment Agreement in California

Hi everyone, I’m based in California and recently signed an employment agreement with a one-year commitment clause. However, I didn’t see anything about having to repay training costs if I leave early.

Under California law, can my employer enforce the one-year commitment or require me... View More

Brad S Kane
Brad S Kane
answered on Jan 18, 2025

Employers are generally not entitled to reimbursement for training without an explicit agreement.

Normally, the cost of hiring the replacement is not sufficient for an employer to sue for damages.

Courts will not require you to continue working for the employer.

Absent...
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2 Answers | Asked in Tax Law, Civil Litigation, Civil Rights and Federal Crimes for California on
Q: What area of practice should i search for a lawyer to help recover $25,000+ in over garnished funds?

In 2013 the tax authority began garnishing my paycheck for ‘unpaid income taxes’ that were paid by check TWICE. They continued through 2015, stopping at just over $25,000.

I called them and they stated that they have no record that i even filed for those years. They said dont worry... View More

Louis George Fazzi
Louis George Fazzi
answered on Jan 17, 2025

Look for a tax lawyer who is also a CPA. You may also need to work with a good civil rights lawyer, if you can't find a law firm which has both.

However, I should warn you that the statute of limitations has probably already expired, because you say that the garnishments ended in...
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2 Answers | Asked in Family Law, Bankruptcy and Divorce for California on
Q: Marital settlement agreement I agreed to pay my ex $400 every 2 wks from the spousal support that was being garnished

in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for SP and was able to get his wages garnished. At that point he was willing... View More

James R. Dickinson
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answered on Jan 16, 2025

A Marital Settlement Agreement (MSA) in California is a written contract between divorcing spouses that outlines the division of assets, debts, child custody, spousal support, and other terms related to their separation. Once signed by both parties and approved by the court, the MSA becomes part of... View More

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2 Answers | Asked in Divorce, Bankruptcy and Family Law for California on
Q: As part of a Marital settlement agreement I agreed to send back half of my ex check every 2 wks from the spousal support

in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for Spousal support and was able to get his wages garnished. At that point he... View More

James R. Dickinson
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answered on Jan 16, 2025

A Marital Settlement Agreement (MSA) in California is a legally binding document that outlines the terms and conditions agreed upon by both spouses regarding the division of property, debts, spousal support, child custody, and child support during a divorce or separation. It is typically negotiated... View More

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2 Answers | Asked in Contracts, Employment Law, Business Law and Collections for California on
Q: Does California's FWPA apply to equipment rentals?

I provide equipment rentals as part of my freelance services. California recently established the Freelance Worker's Protection Act which stipulates that I may collect up to double the amount stipulated in a contract for professional services when a client does not pay on time or at all. If... View More

Pavel Kolmogorov
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answered on Jan 16, 2025

The FWPA primarily focuses on the payment for services rendered by freelance workers. If an equipment rental is viewed as an ancillary part of the services you provide (for example, tools or equipment necessary to complete a freelance project), it may be argued to fall under the umbrella of... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: Should I take the money or not?

I was injured on the job at Bank of America in October 2019 - severe concussion. They have done a poor job with my treatment. I was being treated by Med 7 (minor emergency) Doctors telling me to touch my nose and walk a straight line and go home and rest. Then basically forgetting about my case.... View More

Dennis Dascanio
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answered on Jan 16, 2025

Dear concerned injured worker,

Head injuries are some of the most complex injuries to diagnose and treat, especially in the workers compensation medical care system. I would strongly urge you not to accept the payout if that means a resignation of your job or if you have not been properly...
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2 Answers | Asked in Divorce and Family Law for California on
Q: who is responsible for the mortgage payment during a divorce?

So family lived in community property for 15 years. I worked and paid the mortgage for the family. She was a stay at home. She inherited a mortgage free $1mil home and then 2 years ago filed for divorce. Separation Date 1/15/23. Divorce has been taking forever and I've agreed to paying... View More

James R. Dickinson
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answered on Jan 16, 2025

In California, a post-separation right to reimbursement allows one spouse to request reimbursement for expenses or payments made after the date of separation that benefit the community property. This right ensures that the paying spouse is compensated for contributions made during the separation... View More

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2 Answers | Asked in Civil Litigation and Legal Malpractice for California on
Q: such recently discovered facts be added to reasons for compelling further responses? what statute defines that?

How exactly California Code of Civil Procedure Section 2031.310 allow party to compel further responses, including newly discovered facts in reasoning for compelling further responses? In other words - when new facts were discovered since discovery was propounded, that strengthen basis to compel... View More

Pavel Kolmogorov
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answered on Jan 15, 2025

You correctly identified the statute that governs motions to compel further responses to document requests (Section 2031.310). While the statute does not explicitly mention the use of newly discovered facts, it provides a framework for compelling additional responses when initial responses are... View More

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3 Answers | Asked in Business Law for California on
Q: Does a direct cremation business in California need a funeral establishment license . I have third party crematory

I have third party crematory and service performing removals . I will have an virtual office .

Pavel Kolmogorov
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answered on Jan 14, 2025

A funeral establishment license is generally required for businesses that perform services related to the disposition of human remains. This includes arranging for cremations, even if you are not directly performing the cremation but are coordinating it with a third-party provider.

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2 Answers | Asked in Tax Law and Business Law for California on
Q: I owe $3k to FTB. not working, cant pay or make payments. s corp for real estate commissions only. single person scorp

scorp has been suspended. I want to completely terminate the scorp, but all fees must be paid to do this. FTB is threatening legal action against the s corp. what happens if they proceed? am I personally liable in any way? I only own a couple cheap cars. no real estate. no $ in bank. all credit... View More

Pavel Kolmogorov
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answered on Jan 14, 2025

The S corp is a separate legal entity, so its debts typically belong to the corporation. Since your S corp is suspended and likely has minimal to no assets, FTB might find it challenging to collect on the debt through typical means. However, legal actions can complicate the process of formally... View More

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2 Answers | Asked in Business Law and Contracts for California on
Q: The Agreement shall be governed laws of Texas, tried in Miami, FL. The contract was signed in LA, Can it be tried in LA?

I signed a contract that states "Controlling Law and Jurisdiction. This Agreement shall be governed by the laws of Texas and the United States, without regard to the conflicts of laws provisions thereof. Unless waived by Company (which it may do in its sole discretion), the exclusive... View More

Pavel Kolmogorov
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answered on Jan 14, 2025

The language in your contract (“The Agreement shall be governed by the laws of Texas,” and “the exclusive jurisdiction and venue of any action … shall be the State and Federal courts located in Miami-Dade County”) typically means that if a dispute arises, it should be heard in Miami-Dade... View More

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2 Answers | Asked in Employment Law for California on
Q: My employer is forcing me to take of MLK day without pay and I am a full time employee is this legal in California?
Neil Pedersen
Neil Pedersen
answered on Jan 14, 2025

Yes, it is. Paid holidays are a discretionary employee benefit. Private employers can decide to pay employees for holidays or not. Some union agreement can contain provisions requiring the payment for holidays or even premium wages if you work a holiday, so if you are in a union, speak to your... View More

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3 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: My business partner is involved in all decision making, but won't own shares. What business contract is appropriate? LP?

I own a game on the popular gaming platform Roblox.com. A 3D modeler from Brazil has reached out with interests to join me under the provisions of a 10-year partnership contract. Details: the modeler will be involved in all decision making (like in General partnership agreements), but CANNOT own... View More

Pavel Kolmogorov
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answered on Jan 13, 2025

Choosing the proper structure depends on multiple factors, including liability concerns, taxation, and how much control each party has. A Limited Partnership (LP) requires at least one general partner, who manages the business and bears personal liability, and one or more limited partners, who... View More

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3 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: My business partner is involved in all decision making, but won't own shares. What business contract is appropriate? LP?

I own a game on the popular gaming platform Roblox.com. A 3D modeler from Brazil has reached out with interests to join me under the provisions of a 10-year partnership contract. Details: the modeler will be involved in all decision making (like in General partnership agreements), but CANNOT own... View More

Jennifer Newton
Jennifer Newton
answered on Jan 14, 2025

While a Limited Partnership (LP) could be one option, other legal structures or customized contracts, such as a profit-sharing agreement, independent contractor agreement, or hybrid partnership agreement, may better suit your needs. The final decision will depend on several factors, including your... View More

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2 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: What recourse do I have for an ER visit that included HIPAA violations false documentation, and inadequate care?

I am seeking legal advice regarding multiple issues during a recent ER visit in CA, including HIPAA violations, false documentation, and inadequate care. Sensitive medical information was disclosed in a public setting, and I was not given guidance on what to expect during a miscarriage, resulting... View More

Eliza Jasinska
Eliza Jasinska
answered on Jan 13, 2025

In California, you may address these issues through several legal avenues. For HIPAA violations, you can file a complaint with the HHS Office for Civil Rights. False documentation and inadequate care may support a medical malpractice claim if they caused harm, requiring proof of negligence.... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: my brother and i are the succesor trustees and sole beneficiaries of my parent's revocable living trust

their house (in CA) is in the trust. 2 years ago dad died and mom declared incompetent (dementia), at that time an estate plan lawyer did the trust certification that brother and I are now the succesor trustees-but (i think) our names werent put on the title yet, A refinancing was done last year to... View More

Julie King
Julie King
answered on Jan 13, 2025

The lawyer is right if neither your brother or you will move into the home and make it your primary residence. This resulted from a ballot initiative a few years ago that was called, in essence, the Home Protection for Severely Disabled, Elderly and Victims of Natural Disasters, otherwise known as... View More

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2 Answers | Asked in Family Law for California on
Q: I’m going to file my final judgment myself but ex & her lawyer won’t sign the FL-130 needed for it.

Can I still file the final judgment if my ex and her lawyer are refusing to sign the FL130 form that is needed in the final judgment packet? My case is in riverside county California

James R. Dickinson
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answered on Jan 14, 2025

In California, family law judgments are court orders issued after a legal proceeding, typically involving issues such as divorce, child custody, child support, spousal support, property division, or domestic violence. These judgments are legally binding and enforceable, meaning the parties involved... View More

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