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California Questions & Answers
1 Answer | Asked in Civil Rights and Municipal Law for California on
Q: What my rights against code enforcement inspections
Louis George Fazzi
Louis George Fazzi answered on Oct 27, 2020

I need details to give you any kind of reasonable advice. Who did what, when, how, and why? Tell your story in a chronological way, from beginning to end. Identify all witnesses and what they said, did or know. Supplement that with all the records you have relating to the incident in question. Then... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Hi There, is there anyone to take cipro antibiotic related medical malfunction case ? thanks

A doctor misdiagnosed and overdosed me with this dangeroous drug although i warned him with potential side effects. As of now i am suffering with permanent damages...please help.

Tim Akpinar
Tim Akpinar answered on Oct 27, 2020

A California attorney could advise best, but your post remains open for two weeks. There are attorneys out there who hold themselves out for such cases. You'll need to reach out and contact them. This site isn't really set up as a referral service; it's only a question and answer... Read more »

1 Answer | Asked in Estate Planning and Family Law for California on
Q: My husband changed his retirement beneficiary to his daughter.. we are married for 17 years. Who gets the money?
James Edward Berge
James Edward Berge answered on Oct 27, 2020

If the retirement account was an IRA, his daughter gets the money as primary beneficiary even if the account was community property, because spousal consent is not required to setup or change a beneficiary designation on a traditional or Roth IRA account. If the retirement account was a current... Read more »

1 Answer | Asked in Copyright for California on
Q: Is it against US copyright laws if I publish photos of a medical device?

I am a physician and I own many medical devices and equipments and medical supply that I use in my office for simple office procedures, for example a device to remove skin lesions, or a device to do biopsy etc. If I take a photo of these devices/equipment/supplies and publish them in my website (or... Read more »

Steve Charles Vondran
Steve Charles Vondran answered on Oct 27, 2020

This is not legal advice. Generally, when I do something like that, I will take a photo and if I use it on my website, or in a brochure, I will comment on the photo. For example, here is my Law Copier, I love this thing. This will help with a "fair use" defense if anyone tries to give... Read more »

1 Answer | Asked in Estate Planning, Banking and Elder Law for California on
Q: Can a check made out to the sole trustee of a revocable living trust be cashed without a trust account?

Elderly father received check after home refi. It’s made out to him as: “Name, as trustee of the abc trust”. It cannot be reissued.

Trust is a revocable living trust. Mother and father were the grantors and only 2 trustees. Mother passed away, father is sole trustee now (successor). I... Read more »

James Edward Berge
James Edward Berge answered on Oct 27, 2020

It’s a common situation, but every bank and credit union and other financial institution has its own rules. My experience as an estate planning specialist with over 25 years in the field is to simply have your dad endorse the check on the reverse side as follows: “For deposit only”, and then... Read more »

1 Answer | Asked in Traffic Tickets for California on
Q: My son got a speeding ticket 4/25/19 and another one today 10/25/20 would it be considered 18 mos. since it’s leap year
Maurice Mandel II
Maurice Mandel II answered on Oct 26, 2020

According to the date calculator: it is 18 months excluding the end date. He may be eligible for traffic school.

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1 Answer | Asked in Environmental for California on
Q: motel owner pump out waste of septic tank into public street for 8 hrs at night

They have been doing this 4 yrs next to a school the smell is so bad they just fill the hole back up with dirt .

Maurice Mandel II
Maurice Mandel II answered on Oct 26, 2020

You should take photos and videos with your phone and report this to the police.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Traffic Tickets for California on
Q: A while ago I purchased my first car and I recently got pulled over and got a citation for my tags and/or registration

Bought my car from a Mexican family that spoke 0 english and I had to use google translate to communicate. I don't have much family so I didn't have anyone to let me know better and I never got the car registered and the tags were expired and that's why I got pulled over. Maybe... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 26, 2020

First, the pandemic does not affect what you say in court. Your first appearance is an "arraignment" where you plead guilty or not guilty. If you show up with valid current paid up registration in hand it will go much better for you than if you say "I got this ticket 3 months ago... Read more »

1 Answer | Asked in Traffic Tickets for California on
Q: Can a cop give me a fix it ticket in a different jurisdiction than his
Maurice Mandel II
Maurice Mandel II answered on Oct 26, 2020

Possibly. Depends where his j/d is and where you were sighted and stopped. Depends on the kind of ticket.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Uncategorized for California on
Q: Just want to see if an agreement is void

Signed an agreement I don’t think is valid

Maurice Mandel II
Maurice Mandel II answered on Oct 26, 2020

You are requesting a legal opinion on a particular contract's validity. First, no one can do that without seeing the document. Second, this is not a free consultation, but depending on how big the contract or complex it is, this should not cost too much. Third, you need to take this to an... Read more »

1 Answer | Asked in Banking and Contracts for California on
Q: Hello I returned a car lease and am being charged for the car being sold for less it’s value

I returned a lease and took another one from the same dealership when they returned the car to the finance co the car was sold for less then the car is worth and now I am being charged for the difference the dealership is saying it’s not their problem am I responsible for the difference

Maurice Mandel II
Maurice Mandel II answered on Oct 26, 2020

You need to review the terms of your original lease and/or financing agreement. When you return a car at the end of he lease you are at the mercy of the dealer/financing agent, who sell the car at the easiest price to obtain, usually at a dealer's auction where the cars go for a fraction of... Read more »

1 Answer | Asked in Immigration Law for California on
Q: If I petition my mom living in Mexico while I live in California, do I have to remain in California the whole process?

I want to petition my mom in December when I turn 21. I live in California right now. But I also plan on moving to Nevada in April of next year, before the process is complete. Would that affect the legal process in any way?

Mario Musil
Mario Musil answered on Oct 26, 2020

No, you are not required to stay in the same place. When you move your case may move to a different office and will continue to process there.

1 Answer | Asked in Criminal Law for California on
Q: I did a background check pulled up ccrp art 575 is this something I should be concerned about it the person is a fugitiv

I'm running a background check for a friend the person knows where I live so I'm concerned

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Oct 26, 2020

Your question should be directed to an attorney in Louisiana, not California. The La law you asked about is reprinted here. Be sure to check with an attorney from that state because their statutes of limitations (the time frame within which a charge must be filed) are quite a bit different than... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I’m a citizen. My mom and 14 year old brother live in Mexico. Can I petition them together to speed up sibling process

Im 23 year old citizen. My mom came to the U.S illegally and returned voluntarily to Mexico in 2002, no deportation. She’s been in Mexico ever since. I know I can petition her and it’ll be fairly quick process. But she also has my brother who is 14 and he can’t stay in Mexico alone. Is there... Read more »

Mario Musil
Mario Musil answered on Oct 26, 2020

Hello,

You mother would be an immediate relative and you can petition for her and she would not have to wait for visa availability - meaning she could be a green card holder in about a year or so (not considering Covid delays). Your brother however is not an immediate relative to you and...
Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: My brother got arrested in Portland OR for lighting particle board on fire. We are looking for legal advice.
William John Light
William John Light answered on Oct 26, 2020

1. You are in the Calfornia forum for legal malpractice. Ask in the Oregon forum for criminal defense.

2. Tell him to stop setting things on fire. It does literally nothing to make whatever point he championing.

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Is it legal for a company to cut all 40 of your hours without getting laid off?

I did not get fired or anything yet my name still appears on the schedule with 0 hours. Nobody talked to me about getting laid off. They just posted the new schedule and i am on there with no hours yet the week before i was working close to 40 so I was wondering if I can take legal action?

Neil Pedersen
Neil Pedersen answered on Oct 26, 2020

Yes that is lawful.

In California you are considered an at will employee unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can change the terms and conditions of employment, including how many hours you are given to work,...
Read more »

2 Answers | Asked in Criminal Law, Family Law and Child Custody for California on
Q: My boyfriend had kicked me and my daughter out. A few days later I went to grab more of her things from the apt.

I went to put Her to sleep so I can complete the task but fell asleep with her . To only wake up to the apt getting raided because my ex had a warrant from probation . They found an syringe on the couch one in the cabinet and some In his drawer in his toom. I was asleep with my daughter in her... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 25, 2020

more info needed.

it looks like your immediate need might be a criminal lawyer with family law experience if this is an arrest/citation for a drug charge.

if you can't afford one ask for the public defender and explain the facts as you did to me.

did they find/suspect...
Read more »

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: Wife called the cops on our retired cop neighbor for screaming all night, cops gave him her name,can they do that?

so he was screaming all night for 3 nights, wife called the cops and they went to check and told us it was goats,, next day he asked other neighbors who is (wifes name) cuz sherrifs told him that she called the sherrifs on him,, i know he was a cop and got fired for a shooting and drinks all day so... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 25, 2020

more info needed.

however, it wouldn't be hard to figure out who called the police if they said it was neighbor...............one on either side???

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1 Answer | Asked in Elder Law, Estate Planning, Real Estate Law and Tax Law for California on
Q: CA Prop 19: After parent-child transfer, if child uses home as principal res. for years, is it reassessed if he leaves?

I have a question about CA Prop 19 that I haven’t seen addressed anywhere yet, and was hoping someone from this Q&A forum might have an answer.

Prop 19 for the most part repeals Prop 58, which allowed parents to transfer a house to their children, without the house being reassessed... Read more »

Zaher Fallahi
Zaher Fallahi answered on Oct 25, 2020

Congratulation, you sound like a tax pro and seek speculation on I believe a proposed new law. That may be tough one. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: No solicitation is intended by answering general questions in this forum. This is for information purposes,...
Read more »

1 Answer | Asked in Business Law and Tax Law for California on
Q: If i invest 20k in a company LLC partnership Sub S Filing and and i enjoy 60 % interest in said company.

The Company suffers a 100K loss and my share means 60k loss is past to me... would I be affecting my personal AGI by 20k or 60k? If I had 50k actual income would my AGI tax liability be zero 0 or would it be 30k??? Thank you for this service and your input.

Zaher Fallahi
Zaher Fallahi answered on Oct 25, 2020

You should consult a tax attorney to advise you on the LLC being taxed as an S corporation with the LLC terms and potential legal peril of an S Corp having two types of stock. Generally, your loss is limited to your basis. I hope this helps. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).... Read more »

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