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California Questions & Answers

1 Answer | Asked in Criminal Law and Family Law for California on

Q: Can u sue somebody for putting hands in u in the past if u have enough evidence?

Gary Kollin answered on Sep 14, 2019

You can sue anyone for anything. The viability of the suit is a different question

1 Answer | Asked in Family Law and Child Support for California on

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!

Johnathan Tracy Ball Esq. answered on Sep 14, 2019

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 »

1 Answer | Asked in Criminal Law for California on

Q: How do I get my record expunged?

Robert John Liskey answered on Sep 14, 2019

What is the conviction for on your record? Is it a misdemeanor or felony?

1 Answer | Asked in Immigration Law for California on

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 »

Kevin L Dixler answered on Sep 14, 2019

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...
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2 Answers | Asked in Criminal Law for California on

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 »

Stanley Dale Radtke answered on Sep 14, 2019

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

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1 Answer | Asked in Civil Litigation for California on

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?

Joseph Franklin Klatt answered on Sep 13, 2019

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 »

2 Answers | Asked in Workers' Compensation and Employment Discrimination for California on

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

Bianca Estella Kushner answered on Sep 13, 2019

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...
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1 Answer | Asked in Family Law for California on

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?

Sanjoy Kumar Guha answered on Sep 13, 2019

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 .

1 Answer | Asked in Immigration Law for California on

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.

Stephen Arnold Black answered on Sep 13, 2019

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 »

1 Answer | Asked in Real Estate Law for California on

Q: If i was granted Administrator with full authority to manage the estate, can I sign a Quit claim deed to a house?

Gerald Barry Dorfman answered on Sep 13, 2019

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".

1 Answer | Asked in Civil Rights for California on

Q: Do you have any examples for filling out a civil form PLD-C-010

Louis George Fazzi answered on Sep 13, 2019

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 »

1 Answer | Asked in Civil Rights and Criminal Law for California on

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 »

Gary Kollin answered on Sep 12, 2019

You wrote a single run on sentence which is not understandable

3 Answers | Asked in Personal Injury and Landlord - Tenant for California on

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 »

William John Light answered on Sep 12, 2019

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 »

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3 Answers | Asked in Small Claims and Criminal Law for California on

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 »

William John Light answered on Sep 12, 2019

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 »

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1 Answer | Asked in Legal Malpractice for California on

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

William John Light answered on Sep 12, 2019

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...
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1 Answer | Asked in Car Accidents for California on

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

William John Light answered on Sep 12, 2019

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 »

1 Answer | Asked in Consumer Law and Contracts for California on

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 »

Scott Richard Kaufman answered on Sep 11, 2019

Read this list: https://consumerwiki.dca.ca.gov/wiki/index.php/Consumer_Transactions_With_Statutory_Contract_Cancellation_Rights

1 Answer | Asked in Criminal Law for California on

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.

Dale S. Gribow answered on Sep 11, 2019

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

1 Answer | Asked in Personal Injury, Civil Litigation and Elder Law for California on

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 »

Dale S. Gribow answered on Sep 11, 2019

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...
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3 Answers | Asked in Criminal Law for California on

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

William Jaksa answered on Sep 11, 2019

Sounds like these plainclothes officers are conducting an investigation OR your neighbor is playing games with you.

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