California Questions & Answers

Q: Can I sell my house for reduced price for my non-biological/legal son and his in laws gifting the difference to my son?

2 Answers | Asked in Banking and Real Estate Law for California on
Answered on Feb 17, 2019
Vincent Gallo's answer
Provided that you are confident and not acting under duress, you are free to gift property to whomever you wish to.

Q: My son died.girlfriend says she is wife...county morge released him to her with out merriage certificate..and creameatio

1 Answer | Asked in Criminal Law for California on
Answered on Feb 17, 2019
Dale S. Gribow's answer
more info needed..........they should have required some proof of who she was.

she may have legal exposure for what she did.

maybe contact police if she does not cooperate.

is she paying for a funeral or cremation?

Q: I parked a rented car in the IHOP Parking lot and someone broke the window and took my documents, cash and luggage.

1 Answer | Asked in Criminal Law and Identity Theft for California on
Answered on Feb 17, 2019
Dale S. Gribow's answer
more info needed....

however, without injuries, this is the type of case a lawyer would probably only handle on an hourly and I suspect you may not be in a position to do so.

you can, however, sue in small claims court for up to $10,000.......but you still have to prove negligence

Q: Can my kids be taken if I allow a homeless criminal (felon or with a bad background) to live on my property?

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for California on
Answered on Feb 17, 2019
Dale S. Gribow's answer
much more info needed.

has someone reported you or warned you?

Q: Can I keep someones car if they owe me money? If they report car stolen could I get in trouble for having a stolen car?

1 Answer | Asked in Civil Rights, Collections and Constitutional Law for California on
Answered on Feb 17, 2019
Vernon Charles Tucker's answer
Depends on what the car is worth and how much is owed to you. Also I would need to know what the loan was for? Did you do work to the car and then you did not get paid?

Q: My son died..his girlfriend wants everything including last pay check..who is responsible for him

1 Answer | Asked in Criminal Law for California on
Answered on Feb 16, 2019
Dale S. Gribow's answer
absent paperwork to the contrary she is probably not entitled to anything...legally

but more info needed

Q: I was charged $2500 for the legal fees related transferring my brother's car to me.

1 Answer | Asked in Probate for California on
Answered on Feb 15, 2019
Bill Sweeney's answer
You should address this question to the attorney who did the work. I am sure he or she would explain the basis for the attorney fees.

Q: How much trouble can you get in for attempted car jacking with a gun

1 Answer | Asked in Criminal Law for California on
Answered on Feb 15, 2019
Dale S. Gribow's answer
more info needed.

were you trying to steal a car or was the repo man and you held gun resisting the repo.

using a gun for anything is very SERIOUS

Q: If my husband filed a restraining order against me a no contact order and then picks me up from jail afte4 day sentence

1 Answer | Asked in Domestic Violence for California on
Answered on Feb 15, 2019
Dale S. Gribow's answer
did he hold you against your will?

much more info needed.

did you go willingly with him.

if he did something wrong you can report him to your local arresting agency......out here it would be RCO Sheriffs.

Q: Can a collection agency file default even after a response was filed w/court and served? Next step? Dismissal?

1 Answer | Asked in Civil Litigation and Collections for California on
Answered on Feb 15, 2019
Vernon Charles Tucker's answer
I would need more information to give you an exact answer. Like how long has it been since you heard something on the case? Are you checking the courts website in regards to the register of actions? Was the default received stamped by the court that you received or was it a mere copy provided by opposing counsel.

I would check the court's register of actions with the case number and see what is going on. If you are sure you filed an answer then there should be no reason you received a...

Q: I have an open warrant since 2012, can i still be arrested?

2 Answers | Asked in Criminal Law and Traffic Tickets for California on
Answered on Feb 15, 2019
Gary Kollin's answer
Yes. You should hire an attorney to seek dismissal before your arrest

Q: I have used a particular set of words in academia and I am interested in using this as a business title.

1 Answer | Asked in Business Formation and Business Law for California on
Answered on Feb 15, 2019
Thomas A. Grossman's answer
Impossible to answer the question unless we know what the words are. If you want to use your words in a title to your business, you need to first clear them with the Office of the Secretary of State. They process name searches for most incorporated businesses. It is also possible to hold a business title for up to 3 months by paying a fee to the State for that service. You can then renew it a day after the 3 months is up. Your competitor may have only reserved the name. If he or she has...

Q: Can credit card companies garnish a social security check and a pension check?

2 Answers | Asked in Consumer Law for California on
Answered on Feb 15, 2019
William John Light's answer
If you deposit Social Security monies into a checking or savings account, the credit card company can garnish, which you can then dispute. My understanding is that up to two months' worth of Social Security benefits deposited into a bank account or on a prepaid card are exempt from garnishment. If you receive $1,500 per month in Social Security, your bank should exclude up to $3,000 in your account from being seized, but money beyond that is subject to garnishment.

If funds are...

Q: Hello, I don't see Digirad patent # 5,677,539, date of patent Oct. 14, 1997

1 Answer | Asked in Patents (Intellectual Property) for California on
Answered on Feb 15, 2019
Peter D. Mlynek's answer
Try: https://patents.justia.com/patent/5677539

Q: My stepdaughter filed for conservatorship on my husband, her father . He’s been diagnosed with dementia since December

1 Answer | Asked in Family Law and Estate Planning for California on
Answered on Feb 14, 2019
Jeffrey Louis Gaffney's answer
You have the right to ask the judge that you be appointed the petitioner instead. You are probably the more natural choice for the job.

You could try this without an attorney, but as with any event in front of the court you are much better served to have your own experienced counsel. Call your local bar association referral service and tell them what you need.

A conservator can have different powers, depending on what the judge grants. It may include power over his real...

Q: Need pro Bono lawyer for both who can I contact asap please

1 Answer | Asked in Criminal Law for California on
Answered on Feb 14, 2019
Dale S. Gribow's answer
MUCH MUCH MORE INFO NEEDED

YOU NEED TO REQUEST A PRO BONO LAWYER IN THE CITY WHERE THE CASE IS PENDING.

I AM IN PALM SPRINGS.........IS THIS AN INDIO CASE?

THE BEST PERSON TO ASK IF THE LAWYER THE COURT APPOINTED FOR YOU.

I ASSUME YOU HAD A PUBLIC DEFENDER???

Q: Can I be interviewed here instead of Guatemala for citizenship? I am on dialysis

2 Answers | Asked in Immigration Law for California on
Answered on Feb 14, 2019
Deron Edward Smallcomb's answer
Citizenship interviews happen in the United States at USCIS. I'm not sure how you would actually interview in Guatemala or why you consider that as a possibility. It would be best to contact an experienced immigration attorney to discuss your case.

Q: I am trying to get my felony removed. The last time I was in your was 2005. The state was Louisiana. I live in Cali

1 Answer | Asked in Criminal Law for California on
Answered on Feb 14, 2019
Dale S. Gribow's answer
MORE INFO NEEDED BUT I SUSPECT FOR LOUISIANA ATTY.

GOOGLE CRIMINAL LAWYERS IN THAT STATE.

THE BEST PERSON TO HANDLE IT WOULD BE THE UNDERLYING ATTORNEY WHO REPRESENTED YOU.

IN CALIF NOT ALL FELONY'S CAN BE REDUCED TO MISDEMEANOR.....IF IT CAN WE FIRST HAVE TO MAKE A 17B MOTION TO REDUCE THE FELONY TO A MISDEMEANOR AND THEN A 1203 MOTION TO DISMISS.

Q: California resident with a new vehicle that has been to the shop 6 times for electrical issues. Is it covered lemon law?

2 Answers | Asked in Lemon Law for California on
Answered on Feb 14, 2019
Barak J Berlin's answer
It never hurts to talk to an attorney in these cases. Most (including our office) offer free consultations. If you do decide to deal directly with the manufacturer, remember, you are entitled to everything you have paid or is payable on the vehicle. If they offer anything less, talk to an attorney.

While this is not a guarantee, if you have gone in six times for the same issues and it is still not fixed, you probably have a good case. You should also remember that in a lemon law...

Q: I want to file a civil law suit against my ex who raped me. Do statute of limitations apply?

1 Answer | Asked in Civil Rights and Personal Injury for California on
Answered on Feb 14, 2019
William John Light's answer
The statute of limitations for sexual battery is 3 years. Talk to an attorney asap.

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