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2 Answers | Asked in Family Law for California on
Q: I’m in contra costa county and I haven’t been served paper work but the court date is the 13 can I still show up

The court date is on the 13th and I haven’t been served yet. Should I still go with the judge still hear my side

Martha Bronson
Martha Bronson
answered on Nov 10, 2024

With so little information about your case it is challenging to respond with anything more than some generalities about procedure... If you have not been served with papers, we will presume that you do not know what they say and accordingly you do know the details about what is being alleged and... View More

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2 Answers | Asked in Real Estate Law for California on
Q: My mother and I were joint tenants in common on a deed to property since 2009. I resided and still do at the property.

My mother and I were joint tenants in common on a deed to property since 2009. I resided and still do at the property and am still covering the mortgage and all other expenses and renovations. One brother (I have two older) presented a trust AFTER my mom passed. The trust shows him as trustee to... View More

James Clifton
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James Clifton
answered on Nov 10, 2024

If your name was on the deed, there is no way your brother could have legally removed you from the deed. If your mother's portion of the property was placed in her trust prior to her death, then your mother's 50% of the property is subject to the terms of the trust. If your mother did not... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Q: I filed retaliation termination and I got workers comp

I wanted to ask if I can still file on the retaliation cuz I was treated wrong snd I hurt myself as well but I got settlement for my injury so can I file for the retaliation still!

Neil Pedersen
Neil Pedersen
answered on Nov 9, 2024

The answer to your question will require an attorney to look at the settlement agreement in the workers compensation matter. If the scope of the workers compensation settlement was written too broadly, you might have signed away your rights to sue for unlawful retaliation. You need to locate and... View More

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3 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: I filed a claim for retaliation termination and I received works como but nothing on the wrongful termination

I just want to know if I’m suppose to file separately?

Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2024

You most likely have two distinct and separate cases, the first being the worker's compensation claim, and the second which is a civil rights claim that has to be filed within strict deadlines, called the statute of limitations, or you could end up waiving and giving up your civil rights... View More

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3 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: I filed a claim for retaliation termination and I received works como but nothing on the wrongful termination

I just want to know if I’m suppose to file separately?

Neil Pedersen
Neil Pedersen
answered on Nov 9, 2024

You say you filed a claim for retaliatory termination. However you do not indicate how or where you did such a filing. It is critically important that you immediately locate and consult with an employment law attorney with whom you can share much more detail. Depending on where you filed your... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: I was wrongfully accused, deprived of due process and had major loss due to it. Can i sue county? All charges dropped

I bailed out was told by county clerk i had no case after going to court, fast forward 2-3 years no notice i get pulled over arrested and had to post bail again, $9000 and $7000, lose my job due to arrest, find 2 jobs after but cannot pass background check. Kost all my benefits, license because I... View More

Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2024

Yes you can. You have remedies available under state and federal law, and I urge you to take advantage of them. You'll need a competent lawyer with the education, training and experience necessary to properly represent your interests. S/he should be a lawyer for the people, who seek to protect... View More

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2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: How to stop a fore closure by my lender mortgage company. I have a personnel loan or hard money loan with the company.

I live at and this my primary residence

James Clifton
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James Clifton
answered on Nov 9, 2024

Stopping a foreclosure on a hard money loan may be very difficult. If this property was your primary residence prior to taking out the loan, you may be entitled to additional protections. However, many times the paperwork that you sign when you take out the loan includes an affidavit where you... View More

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2 Answers | Asked in Civil Rights, Health Care Law and Public Benefits for California on
Q: I’ve been asking for a Reasonable Accommodation Request for going into 11th month now.

Husband injured during wildfire evacuation,paralysed within weeks of injury. Past 3 years,he’s had 3 spinal surgeries(metal rods/carriages from base of skull to mid shoulder blades,mid back to tailbone(unable to twist turn or bend like normal human)and a pacemaker installed. His neurosurgeon and... View More

Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2024

Go to the attorney your husband had for the injuries he suffered at work. S/he should be able to guide you through the process of getting him better care. That's a good place to start. Then learn what you can about co-dependency and how to treat it. Or maybe you should do that first.... View More

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2 Answers | Asked in Employment Law for California on
Q: My severance paperwork has someone else's name on it but I was advised to mark out the name and write mine. Is this okay

I have had several issues with my former employer and I took short term disability but ended up getting terminated. There is a clause in the severance documentation stating I should remain silent regarding any negativity towards the company if I wish to receive payment. My biggest concern with this... View More

Neil Pedersen
Neil Pedersen
answered on Nov 8, 2024

It is lawful to do as the employer has suggested. The thing you should consider doing, however, is getting confidential specific advice about the issues you will be giving up as part of the severance agreement. There are serious red flags of possible unlawful conduct when you get terminated... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Having problems finding an attorney. Is this not a case?

I had Kaiser insurance which cost me over 2000.00 a month through march of 2023. Around April of 2024 I was diagnosed with prostate cancer and had to have a non sparing nerve surgery to remove my entire prostate. Now I have ED and ware diapers due to leaking. Kaiser should have caught this long... View More

Eliza Jasinska
Eliza Jasinska
answered on Nov 8, 2024

I'm sorry to hear about your experience. Based on your situation, you may have a potential medical malpractice case against Kaiser if there's evidence that they failed to diagnose your prostate cancer in a timely manner. This would require demonstrating that their delay directly led to... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: During my hip replacement surgery, the surgeon damaged nerves, leading to a severe neuroma.

During my hip replacement surgery, the surgeon damaged nerves, leading to a severe neuroma that has caused intense burning pain. This trauma, caused by the doctor, resulted in me losing my job, going to multiple doctors, undergoing numerous treatments, spending significant amounts of money, and in... View More

Eliza Jasinska
Eliza Jasinska
answered on Nov 8, 2024

You may have a case for medical malpractice due to the nerve damage and neuroma following your hip replacement surgery. While California’s Medical Injury Compensation Reform Act (MICRA) caps non-economic damages at $250,000, economic damages, such as medical bills and lost income, are not capped.... View More

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2 Answers | Asked in Employment Law and Health Care Law for California on
Q: I am an IHSS worker in Orange county. June 2024 i was issued a check never received and the office is not responding

I am an IHSS worker in Orange county. June 2024 i was issued a paper check by mail that i never received and the IHSS office has been telling me for months i just need to wait. Apparently the check was cashed according to them, but they are not showing any proof. I never received the check and... View More

Neil Pedersen
Neil Pedersen
answered on Nov 8, 2024

You shouldn't have to wait, but mistakes happen. If you get to the point that you believe the IHSS is no longer trying to correct the problem then the quickest way to deal with the issue is either (1) hiring an attorney to demand payment and work out a settlement that should include, at the... View More

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3 Answers | Asked in Trademark, Copyright and Intellectual Property for California on
Q: I'm looking to create and sell books commercially.

Some of them will have the word “Animal/Animals” in the title, internal pages, description etc. But there's a trademark for the word “ANIMALS” overseas, covering books. Does it mean that I can't include the word “Animal/Animals” either capital or lowercase in my book at all... View More

Sean Goodwin
Sean Goodwin
answered on Nov 8, 2024

The titles of books cannot be copyrighted.

Foreign trademarks are not applicable unless you plan to sell in that country. If you are worried about trademarks in the U.S., I highly recommend hiring a qualified trademark attorney to run a clearance search to ensure you will not be infringing....
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2 Answers | Asked in Child Support and Family Law for California on
Q: If ex and I settle for child support payment less than what the "courts" would dictate can she in the future void this

can she void this agreement and ask for more money if all parties agree to this.

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 6, 2024

It's not a matter of voiding the agreement. What either party can do is seek a modification of the agreement or otherwise get a court order for a different amount of child support. What the court "dictates" is known as "guideline support". It's the law. If you and... View More

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2 Answers | Asked in Collections for California on
Q: Hi, my mechanics lien expired on 8/8/2024 but i wanted to enforce the lien. Is there a way I can still enforce it?
Leon Bayer
Leon Bayer
answered on Nov 5, 2024

What you can do is what you already should have done before the lien expired - you can file a lawsuit, and if you win you can have a judicial lien imposed, and then get a writ of execution to foreclose the lien.

Your lingering problems are two: you have a tendency to sit on your hands, and...
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2 Answers | Asked in Estate Planning and Tax Law for California on
Q: What is a trustee called after the grantor dies? The trustee was also listed as a co trustee.

Living trust has stocks worth 1.5 million. The financial institution wants to divide all stocks and move into beneficiaries account. When beneficiaries sell stock do they pay capital gains from stocks original purpose or from date received forward? Or is it better to sell all stocks and distribute... View More

Julie King
Julie King
answered on Nov 4, 2024

The legal term “Trustee” is the title of the person with the right to handle assets in the trust and who must fulfill all the legal duties associated with that right. The word “Co-Trustee” means there are two people serving together as Trustees. They may have to do everything together or... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: In a basic month to month rental agreement in California. Landlord has indemnification clause which is very unfair.

Is it legal for landlord to ask a new tenant to sign a rental agreement that is mostly protects the landlord and hold them free and harmless from any liability that might possibly happen while we occupy the premises.

Jonathan Kintzele
Jonathan Kintzele pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2024

This answer depends on the specific language of the contract or lease itself, but I have provided an answer that I hope can help.

Whether the least act issue is enforceable comes down to the specific language, especially of the particular provision referenced.

First, the landlord...
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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: My ex wife for 4 years has been living with her boyfriend for over a year and another before that. Alimony? California

My 16 year old visits and tells me everything. I have social media info. that verifies their relationship and it's seriousness. She also only has her daughter 8% of the time when it's supposed to be 30%. How much will it cost to correct this?

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 3, 2024

It's not a "correction". The fact of her cohabitation is grounds for modification of an existing spousal support order if the cohabitant has income and that income is used to contribute to the household expenses/cost of living expenses. It is not relevant to child support however.... View More

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4 Answers | Asked in Elder Law and Personal Injury for California on
Q: Needle was left in my arm after MRI service, got home seen it had to remove the needle myself
Michael J. Mandelbrot
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Michael J. Mandelbrot pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2024

Hi - without any residual damages, there is presumably no medical malpractice case. In any lawsuit, there has to be damages. While it sounds like the medical attendant made an error, without any damages (and a possible risk), this would not rise to the level of a case an attorney would consider. If... View More

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4 Answers | Asked in Elder Law and Personal Injury for California on
Q: Needle was left in my arm after MRI service, got home seen it had to remove the needle myself
Eliza Jasinska
Eliza Jasinska
answered on Nov 8, 2024

In California, if a healthcare provider left a needle in your arm after an MRI or any medical service, it could be considered negligence, as medical professionals are expected to remove all instruments used during a procedure. This incident may fall under medical malpractice if it causes harm,... View More

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