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California Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Appeals / Appellate Law, Contracts, Estate Planning and Insurance Bad Faith for California on
Q: Can I appeal the decision to transfer my structured settlement ?

I was scheduled to receive $75,000 at age 35 and $375,000 at age 45 through a structured settlement that was created after my father passed away. At age 22, about 10 years ago, I sold a portion of my structured settlement for a lump sum of money. I was about 22 at the time. The judge in San Diego... Read more »

John Francis Nicholson
John Francis Nicholson answered on Apr 24, 2020

Your description of your legal issues raises more questions than answers. In order to get an informed legal opinion from an attorney you need to retain an attorney for a consultation. Be thorough with your facts, and bring all relevant documents to the consultation, which will consume at least 1... Read more »

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1 Answer | Asked in Employment Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for California on
Q: Is it qualified to issue a workplace restraining order?

Broadcom Inc issued a workplace place restraining order to against me. I left the company 3 years ago. I contacted some of my coworkers and managers because my life is heavily disturbed by the manager who wrongly terminated me by cheating the HR in the past three years. And I asked their help to... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 19, 2020

I am sorry but no one can know the answer to your question without far more information. However if the court has granted the restraining order, you better not violate it. If you wish to challenge the restraining order you will have to locate and consult with an attorney who can be allowed to... Read more »

2 Answers | Asked in Contracts, Appeals / Appellate Law, Civil Rights and Legal Malpractice for California on
Q: lawyer withdrew from case. sent letter of declining further representation, then withdrew the withdraw

lawyer filed my case in appeals on her decsion , then filed a motion to withdraw and sent me a letter declining further representation. then without my knowledge withdrew her withdraw. she is back on the case with out asking me. 1) doesn't she have to ask me if i want her to get back on the... Read more »

Kenneth Sisco
Kenneth Sisco answered on Mar 29, 2020

Since taking on the category of Legal Malpractice, I have received hundreds of calls from people relating the horror stories of what their attorney has done to them. My only take away, is that we can only speculate as to why any attorney does anything.

I would suggest, you spend a few...
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1 Answer | Asked in Criminal Law, Real Estate Law, Appeals / Appellate Law and Federal Crimes for California on
Q: Managment of a apartm fordged my signature also they are keeping my deposit un lawfully

Im in orangevale Calif

Dale S. Gribow
Dale S. Gribow answered on Mar 12, 2020

more info needed.

however, your easiest solution is to sue in small claims court.

before filing send a self serving letter setting forth ALL the facts including your previous demands for money and send a copy to yourself. Then attach that letter to the small claims suit.

2 Answers | Asked in Small Claims, Workers' Compensation and Appeals / Appellate Law for California on
Q: How to get my structured settlement over turn so that I can get my money now

Is there an attorney who can help me file the proper paperwork if you can help me please let me know

Ronald Mahurin
Ronald Mahurin answered on Feb 25, 2020

generally if your settlement is under $25,000 there will be no structure. It is not worth the effort. First, the insurance carrier must agree to a structure, then the option is to use their vendor, or seek one of your own. The carrier must pay the money into the structure to avoid a tax... Read more »

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: I need help I have to appeal for rehearing after appelate court decided to rule in favor with judges decision of my tpr
George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 21, 2020

What specifically do you need help with?

Filing a petition for rehearing, or opposing one?

Your time is VERY limited!

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: ppl vs Mccart (1982) If someone catches a new case while serving time would they qualify for 3rd time on the new chagre

My boyfriend caught a charge for marijuana while serving time in prison. He has finished doing the time on his controlling case is now doing the time for the marijuana. Dose he qualify to do a 3rd of the time on this charge under 1170b people vs McCart

Dale S. Gribow
Dale S. Gribow answered on Jan 26, 2020

more info needed.

the person you should ask is the lawyer who represented him on his underlying case.

the authorities will make a determination and advise him and or his lawyer.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: I am looking for a lawyer to take over my perosnal inju case that was abandoned in appeals

Product liability personal injury breast implants rupture. Strong case with new evidence Whistleblower letters on case briefing schedule is a month away I am in CA and other plaintiff is in MISSOURI. Someone help !!

Tim Akpinar
Tim Akpinar answered on Jan 12, 2020

Don't lose further time awaiting a response; you may get a response here, you may not - this isn't an attorney referral service - it's only a Q & A board. Continue to check here, but get on the phone, Internet, search this site, or use other means and start contacting law firms... Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Need info on filling for an appeal of malpractice
Tim Akpinar
Tim Akpinar answered on Dec 31, 2019

Your post remains open for two weeks. There wasn't a question included, but if you are contemplating an appeal, the best thing to do would be to contact a California attorney immediately to discuss the matter without further delay. In virtually all jurisdictions, appeals are often governed by... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: Can the jurors wear attire with the plaintiffs pictures on them . Also can jurors wear attire with " Black Lives Matter

Foreman and a few other jurors whore attire with Black Lives Matter and plaintiffs pictures on the clothing during. Court trial hearings

Dale S. Gribow
Dale S. Gribow answered on Nov 12, 2019

i have never heard of a court/judge allowing that........

check with the lawyer who handled the case for his/her opinion......as they have ALL the facts.

i suspect that must have argued that in chambers to the judge!

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2 Answers | Asked in Criminal Law, Estate Planning, Appeals / Appellate Law and Probate for California on
Q: As the former administrator to my mother's estate I have been chargd w/contempt for not turning over documents.

My brother whom my mother ADIMENTALLY expressed he make no decisions for her was appointed. She died intestate. The judge threw out my brothers OSC for procedure in non service, however she is asking me to comply anyway. How do I respond?

Dale S. Gribow
Dale S. Gribow answered on Nov 12, 2019

more info needed.

you should have a lawyer guiding and representing you.

i don't do that area of law.

hire a lawyer who does probate litigation for the court in question.

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: DA left jurors with witness that left instant negative afterthoughts towards the defendant . Tainted their thoughts

3 different jurors fell asleep at three different times. This case was found guilty be the jurors how dare they fall asleep knowing this defendant was fighting for his life.

Dale S. Gribow
Dale S. Gribow answered on Oct 16, 2019

more info needed.

have you been convicted?

questions like this should be asked of your private or court appointed lawyer.

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1 Answer | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: The BOE levied my deceased mother's irrevocable account left me over two years after her death.

They wrongly linked her to someone else whom used her SS#. Isn't there a statute of limitations for this levy?

Paul Martin Vargas
Paul Martin Vargas answered on Oct 8, 2019

Hi. There is the 20-year SOL, but you may have a better way of approaching this matter. If the collection was on an incorrect use of her SSN (Identity Theft), there are ways to prove this to be true and possibly get the money returned.

2 Answers | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: The BOE levied my deceased mother's irrevocable account left me over two years after her death.

They wrongly linked her to someone else whom used her SS#. Isn't there a statute of limitations for this levy?

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 5, 2019

The SoL is twenty years.

You have to challenge it.

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2 Answers | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: How long would the BOE have to file a levy on an irrevocable trust

The BOE wrongfully linked my deceased mother's SS# to a sales tax matter. over a year after her death they levied the trust account left to me. Is this legal?

David S. Greenberg
David S. Greenberg answered on Oct 4, 2019

The facts as you've described them are quite unusual and an answer to your inquiry would require an investigation and analysis by a skilled attorney with experience in dealing with the BOE, which is now the CDTFA.

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1 Answer | Asked in Employment Law and Appeals / Appellate Law for California on
Q: I was on disability for 4 months and when I returned to my job I was fired now I'm being denied unemployment benefits

My past employer says i just abandoned my job but they filled out the form for disability benefits the only thing that changed was the dare to return to work was exstended they recieved documents stating this. But they told unemployment i never even told them i was going on disability

Neil Pedersen
Neil Pedersen answered on Sep 27, 2019

If you can prove that your employer was provided with your doctor notes indicating a need for medical leave, and you were terminated for this false reason, it may be that you will be able to establish a violation of the Fair Employment and Housing Act. I think your best move right now is to locate... Read more »

1 Answer | Asked in Employment Law and Appeals / Appellate Law for California on
Q: I wason disability for four months when i retured to work i was fired they said i never informed them about my leave

But that is not true they were sent Disability paperwork that they signed and sent back to my union i have copies and i sent them all the date changes i recieved from my doctor. The problem now is Unemployment says im not eligible to recieve benefits because they say i voluntarily quit or was fired... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 27, 2019

If you can prove that your employer, not just your union, was provided with your doctor notes indicating a need for medical leave, and you were terminated for this false reason, it may be that you will be able to establish a violation of the Fair Employment and Housing Act. I think your best move... Read more »

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Civil Litigation for California on
Q: Lost at trial a civil lawsuite in Los Angeles Superior Court!! - Norwalk! What is the deadline after trial to file appea
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Sep 22, 2019

There are several potential deadlines. The most common is "60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled 'Notice of Entry' of judgment or a filed-endorsed copy of the judgment, showing the date either was served."... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Federal Crimes for California on
Q: Hi, I’m looking for a lawyer who will help in a case of stalking and false imprisonment. Can you help me? Thank you

I have all the proof of innocence in this case. Tapes, transcripts, and so forth.

Robert John Liskey
Robert John Liskey answered on Sep 8, 2019

Yes, but I need more details. Can you call me to discuss. My cell number is+16263195817

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1 Answer | Asked in Civil Litigation, Appeals / Appellate Law and Identity Theft for California on
Q: I am seeking a pro Bono lawyer to help with this matter. My family was laughed at as we left the motel also followed

The motel employees and owner treated us like crap and now we are sleeping in my truck. My children are ashamed and disappointed by the treatment and verdict.

Tim Akpinar
Tim Akpinar answered on Sep 6, 2019

I'm sorry for your ordeal here. You could contact the State Bar of California - they have resources for free legal help that you could explore. They are located in the section of their website, "Public." Good luck

Tim Akpinar

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