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California Questions & Answers
1 Answer | Asked in Employment Law for California on
Q: I'm in California and have been furloughed from my retail job due to Covid19. I have questions re returning to work.

I've been collecting unemployment and now that retail is beginning to open in my area I will likely soon be called back to work. However, I am 64 yrs old with an underlying health issue and I care for my 91 year old mother. Neither of us are sick at this time. Will I be able to stay home... Read more »

Neil Pedersen
Neil Pedersen answered on May 29, 2020

We are involved in times and events that are unprecedented. Employers and employees are left with little to guide them with regarding how to interpret things. And attorneys advising those employers and employees cannot know for sure how the law is eventually going to shake out in these areas.... Read more »

1 Answer | Asked in Criminal Law for California on
Q: My aunt took out a unauthorized loan from my dad's house of $140,000 ...27 years ago to purchase her home. What can he

California

Dale S. Gribow
Dale S. Gribow answered on May 28, 2020

more info needed.

i would discuss a sensitive item like this on an open forum.

why did he wait so long? did he just learn of this?

he would probably have a statute of limitations or laches problem.

did he report it to the police? is the house in his name?

why...
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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Can the judge separate me and my boyfriend if there was domestic violence with kids involved ?
Dale S. Gribow
Dale S. Gribow answered on May 28, 2020

more info needed.

i am not a family lawyer and you should not be discussing sensitive info like this on an open forum.

i assume the court was concerned for the safety of the kids but I don't have the info.

you need to consult with a lawyer in your community to get...
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1 Answer | Asked in Civil Rights for California on
Q: If I live on a large ranch that has 4 different addresses on itcan my house be searched if a warrant is served next door

One big ranch property with 4 different homes with different addresses if they come to search one house can they search all the houses on the property?

Louis George Fazzi
Louis George Fazzi answered on May 28, 2020

The search warrant must state the address of the property to be searched with specificity. No judge should approve any warrant that allows for a blanket search of a large ranch except in language which clearly states what is to be searched. It would also depend on the nature of the criminal... Read more »

2 Answers | Asked in Probate for California on
Q: Regarding an insurance policy

Insurance Company recently discovered a small policy of Mother who passed in 2001. Father (husband) passed a few years after Mom. Five siblings survive. There's no will, no estate and we gave the insurance company the death certificates. What is needed to get this small amount to the siblings?

Ben F Meek III
Ben F Meek III answered on May 28, 2020

Most states have what are called "small estate affidavits" or "affidavits of heirship", which allow the heirs to swear under penalties of perjury to certain facts, such as: that your mom has died; that she left no will; that no probate proceeding has been started for her... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: My roommates & I split the security deposit $170/each. How do we split it so that each person gets their money back?

My apartment includes 5 people, including myself, and we split the $850 security deposit between us so we each paid $170. Now another person and I will be renewing the lease while the rest of them are leaving. How do we split up how we repay each other for our portion that we contributed to the... Read more »

John T. Kontrabecki
John T. Kontrabecki answered on May 28, 2020

This is not a legal question. It is a math question. If you paid $170 as one of 5 roommates and one withdraws, the remaining four roommates must pay you ($170/4 = $42.50 each) to return your share of the security deposit. If they rent to another roommate, then the new person will pay each of... Read more »

1 Answer | Asked in Civil Rights for California on
Q: california civil code $56.10(a) workmans comp defense attorney shared my file with the defense attorney from my civil

opposing counsel in my civil case obtained info in violation of the confidentiality medical act from defense attorney in my on going workmans comp case.howw do I go about holding someone accountable for this? and who which defense attorney?what claim?

Louis George Fazzi
Louis George Fazzi answered on May 27, 2020

You need to share this with both of your attorneys and ask them for advice on what to do. This is not the appropriate place to go shopping for different opinions, since both of those lawyers are duty bound to represent your interests to the best of their abilities. I can tell you that if I were... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for California on
Q: I have a question there was an interval toon with me and my dad gf, my dad was in between us, in the process she grab

I have a question there was an altercation between me and my dad gf, my dad was in between us, in the process she grab, My neck with both her hands, and in self defense I push her, my dad continue to hold her and fell down and broke her pinky finger, it’s been about two months, and she’s been... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 27, 2020

much more info needed.

you probably should not be discussing this on an open forum.

you need to make an appt with a lawyer if you can afford one.

in that regard, I would encourage you to write out a detailed summary of the facts so that the lawyer does not have to play...
Read more »

1 Answer | Asked in Business Law, Contracts and Construction Law for California on
Q: I recently received a bill from a handyman for services rendered in December of 2017. Do I have to pay this?

I have never been billed for these services and had inquired multiple times for a bill in December 2017. Since so much time has elapsed, I feel even the hours are a bit high. I believe this was an oral agreement only for the work rendered Am I still responsible to pay?

Donald M Barker
Donald M Barker answered on May 27, 2020

As a general rule, any civil action for monies owed for services or goods must be commenced within two years of providing such services or goods, with some narrow exceptions. If there is a written contract, the statute of limitations is four years, with some exceptions.

2 Answers | Asked in Employment Law for California on
Q: How much should a caregiver working 24/7 and 7 days a week in Sonoma county be paid?

1. If I'm not being paid the minimum wage, can I file for overtime pay?

2. I want to engage a lawyer, but I cannot afford it.

3. I have overstayed my visa.

Neil Pedersen
Neil Pedersen answered on May 27, 2020

If you are not being paid properly you can recover the money you should have been paid, along with interest and perhaps penalties as well, in a legal action. Not being able to afford an attorney is probably not going to be problem. Most employment attorneys who practice this area of law offer a... Read more »

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2 Answers | Asked in Employment Law for California on
Q: If I quit my job as an essential worker after repeated exposure to COVID19 would I qualify to receive UI benefits?

I am employed through a staffing agency. My position is considered essential during this pandemic event. I am also considered high risk for serious complications if I am infected with the virus. The staffing agency does not offer any paid benefits for those of us who have to stay home although the... Read more »

Daniel A. Thompson
Daniel A. Thompson answered on May 27, 2020

According to the EDD guidelines, you can receive unemployment benefits if you leave work due to an undue risk of injury or illness. "A claimant leaves work with good cause if a reasonable person genuinely desirous of remaining employed would have left work due to an undue risk of injury or... Read more »

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1 Answer | Asked in Child Support, Divorce and Real Estate Law for California on
Q: A lien has been put on my home for child support my ex owes. How can this be removed?
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on May 27, 2020

It can be removed by paying the exact amount and a fee for the removal of the lien. Usually there is a number you can call to remove the lien.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Court of appeals held/granted (In Re Mohammed) on 12/2/19 can C.D.C.R not follow ruling pending ca supreme decision?

C.D.C.R is not doing what court have ruled and instructed them to do in this decision but using the excuse that they are waiting for the Ca. Supreme court to make a 2nd ruling. Can c.d.c.r do such a thing? This case is HOLDING. Shouldn't c.d.c.r do what the courts have told them to do... Read more »

Charles William Michaels
Charles William Michaels answered on May 27, 2020

First of all, I am not a California attorney. But I would think that the Court of Appeals should follow its decision, perhaps you should file a motion with the Court of Appeals stating that its decision has been on hold for nearly six months, and it's time to enforce it: the CDCR should change... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: We purchased a home in CA (solano county) foundout after we had already moved in that he passed away in the ..

Detached garage on the property. Information was withheld from us when we made the purchase and the realtor we had never got back to us when we were tried to find out more info about this. We found out he passed away in garage by multiple neighbors who were close friends with the couple who lived... Read more »

Zaher Fallahi
Zaher Fallahi answered on May 26, 2020

I would consult a real estate attorney. I believe you may have a cause of action. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or legal and tax advice. For specific advice...
Read more »

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Probate for California on
Q: My grandmother passed away in November, the house is being sold

I am a beneficiary and under ca. Probate code 16061.7 I am required to get copy of the trust now that it is irrevocable, question is do I have a right to see the escrow/title documents prior to closing? What other documents am I entitled to get a copy of, If different than the above code what is... Read more »

Zaher Fallahi
Zaher Fallahi answered on May 26, 2020

I would consult a probate attorney immediately. Trying to learn the law and the forms, may cost you dearly. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or legal and tax...
Read more »

1 Answer | Asked in Estate Planning, Family Law, Child Support and Probate for California on
Q: I need to collect child support via someone's inheritance, which is in probate. What forms would I use in California ?

Child support order is in place. Arrears is owed

Zaher Fallahi
Zaher Fallahi answered on May 26, 2020

Go to the county probate court’s Website, find the case information and the law firm’s contact information, and deliver the claim to them. The law firm must pay all valid liabilities before distributing the estate. Alternatively, contact the probate court and seek their help. I hope this helps.... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: If my lease agreement says no pets could my landlord evict me for having a dog even if I get a letter from a doc for esa
John Francis Nicholson
John Francis Nicholson answered on May 26, 2020

A lease that prohibits pets is valid, but ESA is an exception and if certified by a licensed physician the landlord has to allow the ESA. However, you can be evicted if the ESA becomes a nuisance or otherwise disrupts other tenant's quiet enjoyment of their premises.

To avoid the...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Principal tenant amended the terms of the contract after we signed it

My roommate and I are both international students who signed a rental agreement with a person who was subletting her apartment to us (California). The rental agreement was an ePDF and we electronically signed it and sent it to her in May 2019 through Whatsapp. However, she changed the late fee... Read more »

John Francis Nicholson
John Francis Nicholson answered on May 26, 2020

You have represented 2 issues; however, without knowing all of the facts this should not be considered legal advice.

(1) The landlord unilaterally changed the terms of the lease after you signed it. Of course she cannot do that and she must adhere to the original terms that she forwarded...
Read more »

1 Answer | Asked in Business Law, Contracts and Immigration Law for California on
Q: I want to open a business of linking in Los Angeles and I don't know what visa, legal statut and contrat I need.

I am French, I am 20 years old and I only had my high school diploma in France.

I would like to know what visa I must have to open my business of linking French food suppliers and restaurants in Los Angeles (knowing that I would not have much money to invest at the beginning).

I... Read more »

Adan Vega
Adan Vega answered on May 26, 2020

You should consider engaging an experienced immigration attorney to assist you with an E-1 visa. The attorney will discuss with you all of the necessary requirements for a French citizen to begin a business venture in the U.S. that will qualify you for the E-1.

Good luck to you.

1 Answer | Asked in Divorce for California on
Q: My fiancée got divorced and he is in the Phils. He asked me to avail a copy of his divorce and I was able to do that but

When we got the decree his last name was misspelled .. what shall we do to correct this?

Marco Antonio Torres
Marco Antonio Torres answered on May 26, 2020

It’s unclear from the post if the error is only in the judgment or an error throughout the court proceeding.

In any event, your fiancé will want to file a motion to correct the clerical error. In California he would file a Request for Order requesting correction of the misspelled name-...
Read more »

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