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For hospice fraud by Hospice as General stock corporation (means CEO).
Hospice as corporation bears vicarious liability for independent contractors, as applicable.
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answered on Apr 18, 2024
In California, a hospice operating as a general stock corporation can be held vicariously liable for the actions of its independent contractors in certain circumstances, particularly when those actions involve fraud. Here's a more detailed explanation:
1. Vicarious liability: This... View More 
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answered on Apr 18, 2024
In California, if you want to contest the validity of a warrant before a preliminary hearing in a felony case, you would typically file a motion to quash the warrant under Penal Code section 1538.5(a)(1). This motion challenges the legal basis for the issuance of the warrant.
Here are the... View More
Under what calif legal theory can I hold the property owner legally responsible for a tenant who assaulted me not once but twice as I walked my dog on a public road outside the rental?
answered on Apr 30, 2024
Thank you for asking the question!
1. Civil or or Criminal Nuisance
Nuisance is anything injurious to health: (including but not limited to) indecent or offensive to the senses, obstruction to free use of property, interfere with the comfortable enjoyment of life or property,... View More
Under what calif legal theory can I hold the property owner legally responsible for a tenant who assaulted me not once but twice as I walked my dog on a public road outside the rental?
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answered on Apr 18, 2024
In California, under certain circumstances, a property owner may be held liable for the criminal acts of their tenants, including assault, under the legal theories of negligence or premises liability. To hold the property owner responsible, you would need to demonstrate the following:
1.... View More
There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More
answered on Apr 27, 2024
Thank you for asking the question!
1. The first issue that needs to be addressed is whether homeless people have any right of possession in the property. The CA general law allows some occupants to take both the title and possession under adverse possession under certain circumstances. One... View More
There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More
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answered on Apr 17, 2024
This is a complex legal and ethical issue that depends on the specific laws and circumstances in the jurisdiction where the property is located. In general, in the United States:
- The new property owner has the legal right to remove trespassers from their private property. Purchasing the... View More
What do I do. I feel violated or harassed. This is the 2nd time I get messed with for the same thing. I recently got another car taken away and wasn't allowed to get any of my belongings out of car. I also wasn't given citation.
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answered on Apr 17, 2024
I understand that having your car towed without receiving a citation can be frustrating and feel like a violation of your rights. However, it's important to understand that in California, law enforcement officers have the authority to tow vehicles under certain circumstances, even without... View More
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answered on Apr 17, 2024
In California, FTA typically stands for "Failure to Appear." This means that a person did not show up for a scheduled court date or hearing as required by law. To find out the specific reason for an FTA, you can take the following steps:
1. Contact the court clerk: Call the... View More
during pretrial hearing counsel did not consider effect pleading no contest has on other 2 cases currently in pretrial diversion.
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answered on Apr 17, 2024
In California, there is no explicit legal requirement for defense counsel to discuss cases currently in pretrial diversion when negotiating a plea deal. However, under the Sixth Amendment of the U.S. Constitution, a criminal defendant has the right to effective assistance of counsel. This means... View More
Contact order and court date 5 weeks away any solution
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answered on Apr 17, 2024
I understand you are in a difficult situation. Here are a few thoughts...
1. If your girlfriend wants the charges dropped, she can inform the prosecutor of this. However, once charges are filed, it is up to the prosecutor whether to proceed or drop the case. The alleged victim's wishes... View More
A scramonitor even though alcohol has nothing to do with crime nnor have I ever had any alcohol related crimes want ankle free
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answered on Apr 17, 2024
I understand you are concerned about the conditions of your release after being arrested for vehicle theft in California. Here are a few key points about your situation:
1. Under California law (Penal Code 487(d)(1) PC), vehicle theft is a "wobbler" offense, meaning it can be... View More
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answered on Apr 17, 2024
Sometimes, the Judges don't understand and order things we don't feel are required of our clients.
I would normally just tell my client, especially if they don't drink or do drugs, to leave it on because it will generate a good report to the judge when they go back. I also... View More
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answered on Apr 17, 2024
Based on the information you provided, it seems that you are concerned about the legality of being required to wear a SCRAM (Secure Continuous Remote Alcohol Monitor) device under California law, even though your crime did not involve alcohol and you have no prior alcohol-related offenses.... View More
I got kicked out of homeless housing for unfair reason she remained. I borrowed car to recycle but she was cohersed into reporting car stolen in threat of her being kicked out. Help please we just want to be together but she gave car to me and she is now kicked out
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answered on Apr 16, 2024
I understand you are in a difficult situation and seeking help. However, I want to provide accurate information, so let me clarify a few key points about no contact orders under California law:
- A no contact order (also called a restraining order or protective order) is issued by a court... View More
my brother was a victim of a murder and the defendant is claiming self-defense. My bro had no weapon however he was larger than the defendant but defendant had 2 friends in the room with him. he had stabbed my brother in the heart resulting in my brother losing his life. My bro said the defendant... View More
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answered on Apr 16, 2024
I'm so sorry for your loss. This is a tragic and heartbreaking situation.
Under California law, the key factor in determining whether a homicide was justifiable self-defense is whether the defendant reasonably believed they were in imminent danger of being killed or suffering great... View More
I am the store Manager. I have been given permission from the business owner to carry, yet I want to make sure it is legal before I do so. I do not yet have a CA CCW permit, and I understand that I cannot leave the store without properly securing my firearm before leaving. Thank you.
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answered on Apr 16, 2024
In California, even if you have permission from your employer, it is generally not legal to carry a concealed firearm in the workplace without a valid concealed carry weapon (CCW) permit.
According to California Penal Code Section 25400, carrying a concealed firearm is illegal unless you... View More
got arrested today sunday. my court is on tuesday. should i post bail
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answered on Apr 15, 2024
In this situation, it's important to consider a few factors before deciding whether to post bail:
1. The severity of the charges: If the charges are serious, the court might be more likely to impose additional conditions or remand you into custody during the hearing.
2. Your... View More
got arrested today sunday. my court is on tuesday. should i post bail
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answered on Apr 16, 2024
Hello, so that is always a tricky question. If you were to bail out before court, you could risk the court raising your bail and taking you back into custody.
If you can hold out until Tuesday, it would be a safer choice and give your attorney, whether a public defender or a private... View More
She's had it in for my wife ever since she found out I was ex convict I've never done nothing to her I've never made any threats or call her out her name yet she constantly trained to cause issues from us by calling the cops making false police reports and now they're talking... View More
answered on Apr 13, 2024
It is certainly an unfortunate situation.
She would need more evidence than that you are an ex-convict to convince a judge to sign an order. It appears she is trying to do just that. Quite simply, you will need to remain calm and property defend your position if she does file a petition.... View More
She's had it in for my wife ever since she found out I was ex convict I've never done nothing to her I've never made any threats or call her out her name yet she constantly trained to cause issues from us by calling the cops making false police reports and now they're talking... View More
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answered on Apr 13, 2024
In California, a person can seek a restraining order against another individual if they have experienced abuse, harassment, stalking, or have been threatened with violence. Simply being an ex-convict is not sufficient grounds for obtaining a restraining order.
However, if your wife's... View More
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