Lawyers, Answer Questions  & Get Points Log In

California Questions & Answers

2 Answers | Asked in Criminal Law for California on

Q: How do you fight a charge of an inmates word against a prison guard? What right do the inmate have ?

My brother was at Delano prison and got into a fight now they pressed charges againt him. What rights if any do he have against stated charge. And if there was no weapon can they still impose a strike

Gary Kollin answered on Aug 19, 2019

You hire an attorney.

Yes

View More Answers

1 Answer | Asked in Consumer Law, Civil Litigation, Lemon Law and Small Claims for California on

Q: Who is responsible for late/penalty fees from dmv at the time of sale? Or after the sale?

At the dmv i found out there was a $900 balance owed for penalty fees due to not being registered for 2 years. The seller says it's my truck now and i bought it "as is"

Do i have to pay the $900 to get the truck in my name? Oh and there is an illegal 2019 sticker on the plate...

William John Light answered on Aug 18, 2019

"Penalties may be waived upon payment of the registration fees due when a transferee (including a dealer) applies for transfer and it is determined that the registration penalties accrued prior to the transferee’s date of purchase and the transferee was not aware that the registration fees for... Read more »

1 Answer | Asked in Legal Malpractice for California on

Q: Who do i contact to report a process server that commits perjury

William John Light answered on Aug 18, 2019

You can contest service in the action filed against you. That doesn't usually get you anywhere. The other party just serves you again, and you are back in the lawsuit.

1 Answer | Asked in Legal Malpractice for California on

Q: What crimes are being commited when a case is in motion before a defendant answered to the complaint .

William John Light answered on Aug 18, 2019

This doesn't make any sense. Post the facts of what happened, or call an attorney to discuss in detail.

1 Answer | Asked in Criminal Law and Employment Law for California on

Q: What can I do if my boss physically assaulted me at work multiple times?

he's slapped my face twice and hit me in the back of the head.

Neil Pedersen answered on Aug 18, 2019

It is a crime to physically assault another person. It is also a civil tort, giving rise to a right to sue for the damages associated with the assaults. From an employment law perspective, your employer has an affirmative legal duty to provide you with a workplace free of violence.

Report...
Read more »

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for California on

Q: Can you add someone to the deed to your house but Will that your home be sold/profits split Among people not on the deed

My grandmother recently added my aunt and her husband to the deed of her home and the was told she could require they sell the home and split the money between us 5 grandkids. Is this true in California. Doesn’t a deed supersede a will? And if my aunt is a beneficiary on all her other accounts... Read more »

James Edward Berge answered on Aug 18, 2019

There is a presumption affecting the burden of proof that title to property is what it is, and that challengers that seek to prove otherwise must produce clear and convincing evidence to the contrary. It’s certainly possible that grandma conveyed title with an understanding that the property... Read more »

View More Answers

1 Answer | Asked in Construction Law for California on

Q: Hired a home depot contractorand he quit how can i get help?

I went to home depot to have a new door installed. I talked to an employee. They took down my info and said contractors would contact me. One of their contractors started the door install. We started talking about a remodel of bath and kitchen. He started the next day. NOW HE DID THE DEMOLITION... Read more »

James Alan Greer answered on Aug 18, 2019

Homeowner With Contractor Abandonment. Your situation sounds upsetting; I'll try to offer some guidance.

First, perhaps you should be trying to contact the actual contractor that abandoned this job - do you have their company name ? if you do you can look them up online or on the...
Read more »

1 Answer | Asked in Civil Rights for California on

Q: My partner Of 10 years Suddly died. His friend changed the locks and won’t let me in. What can I do.

Louis George Fazzi answered on Aug 17, 2019

Need more information. You haven't provided enough background facts to permit a reasoned analysis. Answer these questions: 1. Who? (did what to whom, i.e. are all the witnesses); 2. What? (happened) 3. When (did it happen); 3. Where? (did it take place) 4. How? (did it all happen) and tell me about... Read more »

1 Answer | Asked in Probate, Criminal Law and Real Estate Law for California on

Q: Embezzlement or rent skimming? Can a person "move in" before probate with no administrator? Can i remove the lock?

My grandmother passed november 2018 and left an unsigned deed. This deed leaves the home to her son and nephew. Her son has collected 12000 from the tenants, half the rent was payed none of the bills were. Is that embezzlement or rent skimming?

After one teant moved out (july 15) he came in... Read more »

Dale S. Gribow answered on Aug 17, 2019

more info needed.

i would report him/her to the police.

technically they broke into the residence.

if they are a tenant you have to comply with the law and do a 3 day notice and an unlawful detainer.

1 Answer | Asked in Criminal Law for California on

Q: I was in a relationship in 1980 with an individual who forced me to pose for sexually explicit photos.

More Information: This happened approximately 40 years ago and my relationship with the individual ended shortly after (1 yr.) that time. When I asked for ownership of the photos of me, he said, "I don't know where they are." During the interim, since I do not trust the individual-- he is an... Read more »

Dale S. Gribow answered on Aug 17, 2019

more info needed.

how long ago did this happen?

how did he force you?

of course, you can ask but if he doesn't do so i assume you would have to sue.............maybe consider small claims

1 Answer | Asked in Civil Litigation and Criminal Law for California on

Q: At a bbq in a public park, is the host liable for minors sneaking in beer if the host only offers soda to all guests?

This is for the state of California, Orange County. I tried searching online but was only able to find cases in private property.

Dale S. Gribow answered on Aug 17, 2019

more info needed

did someone get hurt as a result? arrested?

i would think you could not be automatically responsible for everything/everybody

1 Answer | Asked in Criminal Law for California on

Q: If my car was parked at motel 6 where i had gotten a room at can an officer come into my room and give me a vc4463 and n

I am on felony probation can the cops come into my room and give me the citation and give me an 11550 i was not breaking the law nor dri ing my vehical 'i was in my motel room

Dale S. Gribow answered on Aug 17, 2019

more info needed.

when you are on felony probation you often give up your 4th A Search And Seizure rights.

check with you lawyer.

1 Answer | Asked in Family Law for California on

Q: Move Away Order

My wife and I have been married for a year I currently reside in Sacramento California and she lives down in Los Angeles she has a 3 year old son. Her and the kids father have a joint custody agreement where the mother has the son the majority of the time.

We have attempted to come to... Read more »

Tobie Brina Waxman answered on Aug 17, 2019

What's your question? If Mom and the other parent cannot reach an agreement, then mom needs to apply to the court for a move-away order.

2 Answers | Asked in Civil Litigation and Wrongful Death for California on

Q: 5 mil lawsuit in 79-80s in which the children of deceased never received any funds from the suit? Can this be recovered

Wrongful death and DUI. Grandma was guardian of children but she was in trouble by the law at the time and they refused to give her the money. Children just learned of the lawsuit and want to know if it can be recovered since they are innocent of grandma criminal activity

William John Light answered on Aug 17, 2019

1. The children recover the money, not the guardian, so the Grandmother's criminal history would not be relevant. Any money is placed either in a blocked account (not accessible until the children turn 18), or is deposited into an annuity that pays out specified sums on a specified timetable.... Read more »

View More Answers

2 Answers | Asked in Sexual Harassment for California on

Q: Can my daughter report a sexual assault that happened 2 years ago and what would happen if she did?

2 years ago, my daughter, who was 14 at the time, was sexually assaulted by a classmate from school who was the same age as her. The guy threatened her not to tell.

Neil Pedersen answered on Aug 17, 2019

Yes, she can and should report this, even if two years later. It would be wise to call the police right away. The police will likely investigate the situation and prosecute the offender.

Additionally, it might be appropriate for you to locate and consult with a quality personal injury...
Read more »

View More Answers

1 Answer | Asked in Employment Law for California on

Q: Can I demand compensation from previous employers after working more than a 6 hour period with no breaks given?

**Key Facts**

- I got fired from this job recently so I do not currently work there.

- Every shift I worked were BEYOND 6 hours.

- We did not have an acting manager on the floor to issue breaks consistently. We had lead servers that acted like managers. I would be offered... Read more »

Neil Pedersen answered on Aug 17, 2019

The best move for you now if you wish to pursue claims for wage penalties associated with meal or rest periods that were not provided is to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look... Read more »

1 Answer | Asked in Trademark for California on

Q: My Trademark has been denied because the name of our Company is "descriptive of the product we are selling".

If I add our logo will the trademark then be approved or do I need to add something to the name itself?

Robert Philip Cogan answered on Aug 16, 2019

Usually when the refusal to register is based on descriptiveness, the examining attorney includes a description of some options that are available to you. Apparently you have not considered these options.

If you add the logo or something else, the mark being considered is no longer the...
Read more »

1 Answer | Asked in Animal / Dog Law for California on

Q: We found and cared for a sick dog then found a home for it. 1 month later the owner wants it back. What do I do?

I found a sick dog. Had mange and malnourished.

We paid for vet care. It was chipped and the vet contacted owner. One number was disconnected. And the owners were emailed.

We found a home for the dog and the owner finally reached out and wants the dog. She was in jail.... Read more »

William John Light answered on Aug 16, 2019

You had no right to give away someone else's dog. If the owner could not be located, the dog should have been given to Animal Control for it to put up for legal adoption. If the owner decides to sue you and/or the new "owner", s/he stands a good chance of success. You and/or the new "owner" may... Read more »

1 Answer | Asked in Estate Planning and Probate for California on

Q: There’s 3 of us girls, supposedly my mom left no will, not believable! But she trick me into believing her at the begin

Beginning by signing a no bond that clearly isn’t wat she told me it was!& that the attorney was for us 3, I’ve not been able to step foot in my parents home,& she had a garage sale w/ out my knowledge that led to a fight n the police were called I’ve got the report is was NOT my fault! Now... Read more »

Nina Whitehurst answered on Aug 16, 2019

Hire a probate attorney to help you ensure that your mother’s estate is being handled correctly.

1 Answer | Asked in Estate Planning and Probate for California on

Q: my Sister got revoked for not being mental able to work as a nurse do to pills, she’s now administrator of moms estate!

I believe the law firm doesn’t know this that’s her attorney nor the courts, wud she be able to do if they knew?

Nina Whitehurst answered on Aug 16, 2019

If you think your sister is not qualified to be the executor of your mom's estate, you should hire your own attorney to oppose her appointment or, if she has already been appointed, to have her removed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.