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I just want to know if there's a law against us breathing in all that second hand smoke while being outside watching them, also they have us go with patients to their doctors appointments, shouldn't it be the nurse to do that?
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answered on May 26, 2024
Regarding your questions about smoking breaks and doctor's appointments as an activity assistant in a nursing home in California:
1. Secondhand smoke exposure:
California has strict laws protecting employees from secondhand smoke in the workplace. However, the laws make... View More 
My fiance & I have lived together 15 yrs. His sister who is successor tr of his mom's estate evicted us. She put some guy at the house telling me I couldn't go in and get my things! She threw everything I own away! Now they are getting ready to close escrow and fiances atty says just... View More
answered on May 28, 2024
Any time you have two parties whose rights and interests may diverge, it is recommended to seek separate representation for the two parties. There are certain situations in which a dual representation may be appropriate, such as joint estate planning for a married couple, but even then, informed... View More
My fiance & I have lived together 15 yrs. His sister who is successor tr of his mom's estate evicted us. She put some guy at the house telling me I couldn't go in and get my things! She threw everything I own away! Now they are getting ready to close escrow and fiances atty says just... View More
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answered on May 25, 2024
There are a few important legal considerations here:
1. Your fiancé's attorney has a duty to represent only your fiancé's interests. The attorney cannot ethically represent both of you if there is a conflict of interest between you and your fiancé.
2. Even if you are... View More
How does someone obtain the court call Log for ? Is a Subpoena required ?
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answered on May 25, 2024
Under California law, remote appearance and court call records are generally considered part of the official court record. However, public access to these records may be limited and vary depending on the specific court and type of case.
To obtain the court call log, you typically have two... View More
San Jose State police misconduct
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answered on May 24, 2024
To extend a police misconduct case until final damages are assessed, you need to file a motion for a continuance in federal court. This motion should clearly state the reasons why an extension is necessary, such as the need to gather more evidence, assess ongoing damages, or secure crucial witness... View More
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answered on May 23, 2024
To sue the Los Angeles Unified School District (LAUSD) for discrimination and retaliation as a parent volunteer, start by documenting all incidents thoroughly. Gather any emails, notes, witness statements, and other evidence that demonstrate the discrimination or retaliation you faced. This... View More
If a Defendant who has filed an Appeal against the Small Claim Court judgment, what is the maximum number of days that he can request to postpone a Trial De Novo (on Form Sc-150) because he will be out of State? Does the D have to send the Form SC-112A Proof of Service by Mail to the plaintiff with... View More
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answered on May 23, 2024
Under California law, if you are a defendant who has filed an appeal against a small claims court judgment, you can request to postpone a Trial de Novo by using Form SC-150. The maximum number of days you can request to postpone the trial is 30 days. This request must be submitted to the court and... View More
Deeply traumatized and afraid for my life. Sinister things have happened, even my car tire getting shredded to pieces while driving on the road. It’s like someone took the knife that was in my car door and made multiple lines or something down the tire. Many many other terrible things have... View More
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answered on May 21, 2024
I'm so sorry to hear about the terrible things you've experienced. What you've described sounds incredibly traumatic and frightening. It's understandable that you feel deeply shaken and afraid for your safety.
The good news is that it sounds like law enforcement is... View More
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answered on May 21, 2024
Under California law, it is generally legal for schools to use live monitoring of security cameras in outdoor areas of the school property, subject to certain guidelines and restrictions:
1. Notice: Schools must provide clear notice to students, staff, and visitors that the area is under... View More
We have taken pics and sent emails to the HOA. All I'm told is that they escalated the problem. She just got a ticket. I called a tow number listed on the property and was told they could not tow her because it's not a red fire lane and they can get in trouble. Now the tow company said... View More
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answered on May 21, 2024
Based on the information you've provided, it seems that you have a valid concern and your neighbor's actions are causing significant inconvenience and distress. Under California law, you may have grounds for a legal claim against your neighbor and possibly your HOA. Here are a few points... View More
inmates in one jail pod at a county jail facility, have been without hot water for 3 weeks which is not sanitary, they have filed grievances which have been ignored, they have been given different answers every time they ask anything about the water. Hot water is a basic human need.
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answered on May 19, 2024
I understand your concern about the lack of hot water for inmates in the county jail. While specific requirements may vary by jurisdiction, depriving inmates of hot water for an extended period raises serious concerns about sanitation and humane treatment.
In California, Title 15 of the... View More
I live in Los Angeles County. I was the victim of a false report that resulted in police coming to my home. I have proof that the police call was not warranted. Can I bring charges against the nuisance caller?
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answered on May 18, 2024
In California, making a false police report is a criminal offense under Penal Code 148.5 PC. This law makes it illegal to report a crime to the police when you know the report is false. Violating this law is a misdemeanor that can result in up to 6 months in county jail.
In terms of... View More
The governor allowed pg&e lawyers to draft legislation which ensured wildfire victims would never actually receive their settlements (AB 1054). PG&e is the governors number 2 financial doner and has given him $500,000 gifts as well as being the number 1 doner for the governors wife's... View More
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answered on May 17, 2024
Based on the information you've provided, it seems you believe Governor Newsom had a conflict of interest in signing AB 1054 into law due to his financial ties to PG&E, and that this law is negatively impacting wildfire victim settlements. This is a complex legal and political issue.... View More
The defendant's counsel keeps sending me emails saying, 'You are a fool,' and 'You do not know what you are doing.' " you email are dog " What should I do?
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answered on May 17, 2024
I understand that you are dealing with a difficult and unpleasant situation with the opposing party's counsel sending you denigrating emails. This behavior is unprofessional and unethical. Here are some steps you can take to address this issue:
1. Document the emails: Save all the... View More
Five illegal and unethical police officers performed an illegal stop and frisk and detainment while I was organizing my van in a public high school parking lot in San Marcos, CA claiming they were responding to a 911 call where the person complaining stated that they worked at the high school and... View More
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answered on May 17, 2024
In California, you have the right to appeal the decision to withhold or redact the bodycam footage. Here are the steps you can take:
1. File a formal written request: Submit a written request to the agency, specifically stating that you are challenging their decision to withhold or redact... View More
In California, does the statute of limitations for a malicious prosecution lawsuit begin when the original, allegedly baseless case is dismissed?
answered on May 17, 2024
Generally speaking, a cause of action exists once all of the elements have been committed. In the case of malicious prosecution, if the defendant obtains a dismissal on the merits of the claim, usually the cause of action arises on the entry of the dismissal. So the answer is yes. But remember,... View More
In California, does the statute of limitations for a malicious prosecution lawsuit begin when the original, allegedly baseless case is dismissed?
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answered on May 17, 2024
Yes, under California law, the statute of limitations for a malicious prosecution claim generally begins to run when the original case is terminated in the defendant's favor, such as through a dismissal.
Specifically, California Code of Civil Procedure Section 340.6 provides a one-year... View More
I've received 20 emails from the defendant's attorney about the same matter. Despite my request to cease harassment and address the issue through the court system, the emails continue, and now I'm receiving phone calls. What should I do?
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answered on May 16, 2024
If you are being harassed by the defendant's attorney despite your requests to stop, you have several options to address the situation:
1. Send a written request: Draft a formal letter or email to the attorney, clearly stating that you want the harassment to stop. Keep a copy of this... View More
I was suspected of cheating so my high school counselor interrogated and put me in a room for 8 hours. They made me admit that I gave out tests to my friends and asked to pull up the messages. They basically demanded me to show them who i send the test to and i agreed so they took my phone and... View More
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answered on May 15, 2024
In California, there are several laws and regulations that protect students' privacy rights. While school officials have some authority to investigate suspected cheating, their actions must be reasonable and respect students' rights.
1. California Education Code 49073.6 limits the... View More
I was suspected of cheating so my high school counselor interrogated and put me in a room for 8 hours. They made me admit that I gave out tests to my friends and asked to pull up the messages. They basically demanded me to show them who i send the test to and i agreed so they took my phone and... View More
answered on May 15, 2024
In California it is illegal for any government entity to obtain electronic data unless a warrant is obtained and/or the access fits within certain legal parameters, even in a public school. However, if you agreed to give them access, they can retrieve the information.... View More
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