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California Questions & Answers
1 Answer | Asked in Civil Rights for California on
Q: Looking for a civil rights attorney to bring suit in federal court regarding my loss of a testicle in a hospital ER.

I had surgery to repair one umbilical hernia and two inguinal hernias. A day and a half later I experienced suspected testicular torsion and went to the Bakersfield Adventist Health ER. This hospital is contracted to provide medical to Kaiser Permanente Health Insurance subscribers, and I am one.... Read more »

Louis George Fazzi
Louis George Fazzi answered on Feb 20, 2020

You can dress this up to look like a civil rights suit, but it will always be medical malpractice, and therefore subject to the caps on general damages of $250K. Additionally, you must articulate some definite and quantifiable damage you suffered as a direct and proximate result of the delay in... Read more »

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: I paid a debt off to a creditor who had several attorneys file against me - we paid off the bad debt but still not clear

We do not show the debt as settled the creditor is still saying we owe they filed two different cases against me for the same debt?

Daniel Timothy LeBel
Daniel Timothy LeBel answered on Feb 20, 2020

Dear consumer,

It's unclear what your question is here. If the debt is paid off, there should be no further action. Regardless, there should only be one court case based on a single debt.

It sounds like you should contact a legal services organization or clinic or a private...
Read more »

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Completing forms for Perm RO against abusive ex. - can having placed a recording device ex found out about implicate me?

Just issued a RO against ex boyfriend who verbally, physically, and psychologically abused me, using my supposed cheating as reason why he treated me in abusive manner. Was granted temporary RO and now completing forms for permanent. While we were together, I'd placed a recording device in his... Read more »

Mike Darlington
Mike Darlington answered on Feb 20, 2020

Shouldn't have done that. At this point you just need to see if he brings it up and hope he doesn't. But if he does you need to get representation right away, and not discuss this matter with anyone else until you do, because the ramifications of this can be far reaching.

3 Answers | Asked in Car Accidents for California on
Q: Hello I have a question regarding Auto insurance claims involving a minor

I live in the state of California and I am wondering how does the insurance company handle situations where a minor is injured due to a auto accident How does the insurance company go about compensating personal injury to the minor

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Feb 20, 2020

Normally, You must name a Guardian Ad Litem and file and serve the case within 6 months if you are suing a state government agency and within two years for a regular accident case. In the case of minors, you have special statutes of limitations and you should hire an attorney to advise you.

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2 Answers | Asked in Probate for California on
Q: Can I file probate from California for my mom or does it have to be in Florida where she passed she has belongings here

There is 2 storage units here in ca with the contents of my moms house her bank account was moved to florida 3 yrs ago when my sister with power of attorney took her along with proceeds of the home being sold and my dads large coin collection. Do I have to be in person if florida to file probate or... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 20, 2020

You can probably collect the contents of the storage units, if that is all she has in California, with a small estate affidavit. For the assets in California, you need to consult a Florida probate attorney.

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3 Answers | Asked in Probate for California on
Q: Have a question about probate

My parents died without a will they had a house in their name children was just me and my brother he just passed. We started probate but didn't get to complete it and put house in mine and my brothers name yet. He is survived by a wife he hasn't been with for 15 years and 2 children? He had no... Read more »

Genene N. Dunn
Genene N. Dunn answered on Feb 20, 2020

Since he survived your parents, his share will most likely go to his estate. It should not affect your parents' probate as you will distribute to his estate rather than him. However, someone will need to open probate for his estate to be able to receive the inheritance from your parents' probate.

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1 Answer | Asked in Estate Planning for California on
Q: Hello my parents passed away with no will me and my brother were their only children while my brother was alive hired a

An attorney to start probate but during probabte and not final yet my brother passed away. House is still in my parents name who gets the house now? My brother and parents had no will. My brother leaves behind a wife that they haven't been as husband and wife for 15 years and 2 children.

Nina Whitehurst
Nina Whitehurst answered on Feb 20, 2020

You should contact the probate attorney that was helping you or your brother handle this probate matter. He or she should be able to help you. If you don't have a probate attorney, now would be a really good time to hire one, because now you have two probates to manage.

It is not...
Read more »

1 Answer | Asked in Personal Injury for California on
Q: Wondering if this CVC code would be helpful to me?

I was recently hit by a car on my bike. I was going the wrong way on a one-way street. The guy in the car is simultaneously believing he isn't at fault, but is scared to give me his insurance info and thus refusing. Would California Code, Vehicle Code - VEH 21650 allow me to be biking in the... Read more »

William John Light
William John Light answered on Feb 20, 2020

No.

1 Answer | Asked in Construction Law for California on
Q: When are you supposed to sign a stop notice release ? Before or after you get paid ?
Donald M Barker
Donald M Barker answered on Feb 20, 2020

After or simultaneously when the payment on the Stop Notice is "Honored," i.e., check clears your bank account or you have cash in hand. NEVER release before payment. If obligor on Stop Notice "all of a sudden" finds a problem with your work or services after you sign the Release but before... Read more »

2 Answers | Asked in Employment Law for California on
Q: Should I be making $26/ hr as an exempt employee?

CA minimum wage went up to $13/ hr Jan 1, 2020 for companies with 26 or more employees. My branch does not have 26 employees, but there are well over 26 employees nationwide. I’m an exempt employee making $49,920 a year ($24/ hr). HR has told me I do not fall under the designated threshold.... Read more »

Donald M Barker
Donald M Barker answered on Feb 20, 2020

Yes, based on your "Facts," you are correct. However, whether you are an "Exempt" employee may be in issue. There are a few requirements for exemption from overtime, as as a "Management" Employee, beyond the double mim. wage requirement.

Re "Exempt" status, see: Labor Code, § 515, et...
Read more »

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1 Answer | Asked in Elder Law for California on
Q: My sister claims she has POA, that she won't show me, for my mom. I believe she is mismanaging funds. How can i get POA?

I live in PA, my mother lives in CA with my sister.

James Edward Berge
James Edward Berge answered on Feb 19, 2020

If it's true, your sister doesn't have to show you her power of attorney. If she uses it, she's only accountable to the principal, her mother. She's not required to use it. It's probably good that she has one, because it can help avoid the need for a probate conservatorship if your mom should... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for California on
Q: I plead guilty to a misdemeanor charge of driving on suspended license. The judge rescheduled my arraignment for

A later date because the prosecutors did not have my criminal file with them and could not find it in their office does my guilty plea still stay or does it mean I have a chance to plead not guilty at the next arraignment?

Dale S. Gribow
Dale S. Gribow answered on Feb 19, 2020

more info needed.

didn't you have a lawyer with you.

normally the court would appoint a public defender and that is the person who has all the info and can give you the most accurate info.

every court is different as is every DA.

Did the judge and DA take your plea?...
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1 Answer | Asked in Workers' Compensation for California on
Q: At a c/r settlement hearing they brought a totally different contract that i signed but didnt realize all of the errors

the facts of my injuries were of another person same name employeer simular injuries and hipaa problems

Nancy J. Wallace
Nancy J. Wallace answered on Feb 19, 2020

If the agreement does not match the one you said you agreed to, you must immediately petition IN WRITING to the JUDGE to immediately withdraw your consent. Telephone chats will accomplish nothing. You have to PETITION TO SET ASIDE ORDER APPROVING COMPROMISE AND RELEASE AGREEMENT based upon... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: What are we able to do if our landlord disposed of our personal property while we were still living there?

They are also withholding a portion of our deposit for things they did to the property without our consent to enter the premises and without notice for us to fix them before our move out date.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Feb 19, 2020

Take them to small claims court. Best of luck

2 Answers | Asked in Estate Planning and Probate for California on
Q: I want to add a beneficiary on the title of my manufactured home in California. The home is in a rented space.

I found form HCD 488.4 but not sure how to submit it. Do I just fill it out and mail it to the Dept of Housing Registration and Titling Program?

John B. Palley
John B. Palley answered on Feb 19, 2020

I am sorry I missed your question before. Yes, you would fill out the form which creates the transfer on death beneficiary. Since your mobile is on a rented spot that really should be all you need though I would probably give a copy to the mobile home community manager to put in your file also.... Read more »

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1 Answer | Asked in Probate for California on
Q: What is the statue of limitations to petition Probate?
John B. Palley
John B. Palley answered on Feb 19, 2020

There isn't really a statute of limitations for filing for probate in California. I have filed cases, for clients 20 years after the death occurred. However, if you have a will you are supposed to lodge it within 30 days and, in theory, there could be penalties for failing to do that although I... Read more »

1 Answer | Asked in Immigration Law for California on
Q: My dad’s brother petitioned him and our whole family under I-130. The priority date is January 14,1998.

I am now 30 years old. Do I qualify under his petition if I’m still single? Or have I aged out?

Adan Vega
Adan Vega answered on Feb 19, 2020

In the scenario that you have posted, the CSPA allows you to deduct from your age the amount of time that USCIS took to adjudicate the FORM I-130.

An experienced immigration attorney can assist you with this matter.

1 Answer | Asked in Civil Litigation, Immigration Law and Traffic Tickets for California on
Q: My husband has a tourist visa and was working for a trucking company in the US and got a traffic ticket what do we do?

He is working for a trucking company in the US with no work permit he currently has a tourist visa and recently got a ticket. His court is coming up and we are unsure of what to do. Or how to go about it.

Adan Vega
Adan Vega answered on Feb 19, 2020

Your spouse appears to be unlawfully employed in the U.S.and should seek to obtain lawful status.

In regards to the traffic ticket, he can engage the services of an attorney to assist him with the traffic violation.

Good luck to you.

1 Answer | Asked in Family Law for California on
Q: My husband filed divorce but now refuses to proceed in effort to prolong the process. Do I have any immediate recourse

He served me himself via certified mail and did not include the notice of acknowledgement. I believe this is not a legal service because he sent the paperwork and he is a party in the case. He later sent the notice of acknowledgement but was blank. Nothing was filled in. I inquired about it and... Read more »

Mike Darlington
Mike Darlington answered on Feb 19, 2020

I am assuming that this is a California divorce for the purposes of this question. You do not need to wait on him to move the case forward. You should file a Response to his Petition requesting a divorce. When your response is entered that will become the jurisdiction date and the six month... Read more »

1 Answer | Asked in Contracts and Employment Law for California on
Q: Is it legal to have me managing 5 to 20 employees under 1099 only getting paid commissions I earn by selling solar?

I found my job avoid paying taxes on me I owe a lot to the irs now, they offered me stocks and shares 15,000 all for 4 years of my hard work then terminated me and squeeze me out the company without giving me any and forcing me to sign a severance agreement by 4pm the sameday or they were not... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 19, 2020

Your rambling post raises many issues that require much more information before someone can give you reliable advice. Signing a severance agreement and receiving money in exchange for that agreement may mean you have walked away from most of your rights against this company. However, the prudent... Read more »

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