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California Questions & Answers
1 Answer | Asked in Consumer Law for California on
Q: If the nail salon threw your phone in the water and you walked out and did not pay

I went to a nail salon and the tech threw my phone in the water I walked out did not pay it cost me 300 dollars for a new phone.

Yelena Gurevich
Yelena Gurevich answered on Nov 30, 2021

there's no actual question here to answer, but $300 is a small claims issue.

1 Answer | Asked in Personal Injury for California on
Q: Hi, question on nuisance law. how much is neighbor entitled in terms of damage cause by tree root from one's property?

how much does a homeowner owe in terms of monetary damages if one's tree root growing underneath cause crack in neighbor's walkway pavement ?

Theodore Allan Greene
Theodore Allan Greene answered on Nov 29, 2021

You should get an estimate of the cost to repair and ask your neighbor to pay for it - and also ask them to do something to prevent a re-occurrence. If they tell you to get lost then you should contact an attorney to discuss your options. Remember you can get up to $10,000 in Small Claims Court.

1 Answer | Asked in Legal Malpractice for California on
Q: I filed a complaint and other sides demurrer is due tomorrow. How much time do I have to amend with facts and exhibits
Joel Gary Selik
Joel Gary Selik answered on Nov 29, 2021

CCP § 472 may so indicate:

472.

(a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the...
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2 Answers | Asked in Bankruptcy, Contracts, Personal Injury and Gov & Administrative Law for California on
Q: Default entered in Turner's favor

Enter default on pacer

Timothy Denison
Timothy Denison answered on Nov 28, 2021

What is your question?

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1 Answer | Asked in Probate for California on
Q: I’m 1 of 6 beneficiaries to my father’s Trust. Case in OC Cal. Trustee has representation. Should I get rep in OC?

I live in Salinas, CA. The trust contains several properties, 6 non-trust bank accts, and an IRA. I’m listed as a 10% beneficiary. Father passed 8/31/21. I have copy of Trust. The trustee’s attorney characterizes situation as “messy”. Thank you.

Nina Whitehurst
Nina Whitehurst answered on Nov 28, 2021

Can you imagine any attorney asserting your question, “No, you don’t need an attorney. You’ll be fine.”?

You need an attorney to protect your interests. W have all heard of trustees gone rogue. And there have been rogue attorneys too. You need your own attorney to keep them Iine.

1 Answer | Asked in Construction Law and Contracts for California on
Q: Is the contract for work on my house voidable? If so, what do I need to do to void this contract?

I signed a contract for work to be done on my house after some water damage was incurred. They came to my house on 10/30 to look at what needed to be done and provided me with an estimate on 11/2. However, I now know that their contractor’s license expired on 10/31.

Yelena Gurevich
Yelena Gurevich answered on Nov 26, 2021

if they performed work that benefited you, you still owe the money for the work completed, regardless of their contractor license status. if they have not performed any work, then it may be possible to cancel the contract but you would have to spend money on a lawyer to review the contract and the... Read more »

2 Answers | Asked in Criminal Law for California on
Q: can you commit 451(c) pc and 452(c) pc simultaneously?
Dale S. Gribow
Dale S. Gribow answered on Nov 26, 2021

Fires are universally feared for their destructive and unpredictable nature and can destroy entire neighborhoods if not controlled. As a result, the crime of arson, or intentionally starting fires, is a very serious offense in California. Under California Penal Code Section 451 PC, maliciously... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Would holding a thief at gunpoint until police arrive be considered "false imprisonment" in California?

Example: In the wee hours of the morning, I awaken in my house to a sound coming from my detached garage. While my wife and children are all still sleeping in the house, a retrieve my (legally purchased and voluntarily registered) firearm from its secured location, exit my house and enter my... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Nov 25, 2021

No. You have the authority to restrain a person and make an arrest for the crimes being committed pursuant to Penal Code section 837. You should tell the person they’re under arrest but PC 841 does not require you to if they’re actually engaged in the commission of the offense.

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2 Answers | Asked in Criminal Law for California on
Q: How hard is it to be prove a false police report has been filed in California?

Besides the distortions and lies stated about the incident the person the police interviewed, at least the party quoted in the report, was not even present when the altercation happened.

Dale S. Gribow
Dale S. Gribow answered on Nov 24, 2021

much more info needed.

a lawyer would want to look at the credibility of all parties.

who will a jury believe? any record? clean cut looking?

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1 Answer | Asked in Insurance Bad Faith for California on
Q: My insurance company isn't trying to pay out my claim cause I'm on wrong policy

So how do I fix this problem

Neil Anapol
Neil Anapol answered on Nov 24, 2021

I'm going to need a lot more information to answer your question. Is it an auto claim? Whose policy are you on? Why are you on the wrong policy? Did the insurance company deny your claim? If so, what reason did the insurance company provide?

2 Answers | Asked in Criminal Law and Family Law for California on
Q: What does penal code 157 mean?
Dale S. Gribow
Dale S. Gribow answered on Nov 23, 2021

Every person to whom an infant has been confided for nursing, education, or any other purpose, who, with intent to deceive any parent or guardian of that child, substitutes or produces to that parent or guardian another child in the place of the one so confided, is punishable by imprisonment... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: Can soneone help my brother please????

my brother was given life and 120 yrs for getting busted with less than 1/8th of a gram of meth. since he has been in prison he has been stabbed 2 different times 1st time 17 times 2nd 21 times. when hetold the nurse he wasnt feeling well she laughed at him and said he just wanted drugs 3 days... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 23, 2021

much more info is needed.

i am sorry about what you and your family are going through.

one doesn't normally get that sentence for that quantity of Meth.

there has to be more to it.

he had to have a lawyer on the underlying case. If there is that much of a...
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1 Answer | Asked in Divorce and Real Estate Law for California on
Q: My Ex has not made good on his promise to buy me out of our home. Can I take him to court to get this resolved?

We agreed to keep the assets out of the divorce and handle it amicably between us. This was not entered into our divorce decree. Twice he has given me a verbal that he would refinance and buy me out. Then he tells me he is waiting to use the equity in our home to purchase his parents home from his... Read more »

Yelena Gurevich
Yelena Gurevich answered on Nov 23, 2021

you can initiate a partition action and force his hand to sell the property or buy you out. you will need to consult with and hire a real estate attorney for such a legal action.

1 Answer | Asked in Car Accidents for California on
Q: I collided with a bicyclist while riding my motorcycle without insurance what are the possible outcomes?

I was riding my motorcycle down a two-way four lane street when a man on a bicycle without warning or signaling went from the far outside lane into the inside lane where I was riding. It happened so suddenly that I attempted to break and swerve but he pathed himself directly into where I was... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 22, 2021

more info is needed.

if you are in an accident in Calif without ins, the DMV will suspend your license for 1 yr...................and you are responsible for his bills including pain and suffering.

recontact the lawyer you talked to for status.

1 Answer | Asked in Contracts and Real Estate Law for California on
Q: Can the sellers cancel a counteroffer contract after both buyers and sellers have signed?

The buyers sent an offer to the sellers through their agent. The sellers sent a counteroffer. The buyers agreed to the counteroffer and signed the contract. The buyers agent sent the signed contract to the sellers agent via email.

The following day, the seller verbally told their agent... Read more »

James A. Greer
James A. Greer answered on Nov 22, 2021

Dear Buyer of "cancelled" Purchase Contract: The moment the Buyer delivers an executed Counter-Offer a BINDING CONTRACT FOR SALE is formed. Seller will try and position that the "delivery" was not effective because Seller's Agent failed to look at her email. Buyer will... Read more »

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Hello. I would like to learn about the acknowledged copyright issue?

Hello. I would like to learn about the knowledge copyright issue. we have received a TRO. The plaintiff complained that we infringed on the design patent. But obviously, I think there is a significant difference between our product and theirs. We have found at least 5 specific points. We would be... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 22, 2021

You need to consult with an attorney to understand your options and risks.

1 Answer | Asked in Workers' Compensation for California on
Q: A work accident in 2015 resulted in injuries to my head (TBI), back, neck and jaw. The insurance co. ended my TD early

In 2016 my head injury was declared permanent and stationary but my back injury was not declared permanent and stationary until after a surgery and rehab in 2019. The insurance company ended my temp disability in 2016 and started giving me permanent disability, but shouldn't TD have continued... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Nov 22, 2021

you can actually receive more than 104 weeks in limited circumstances, if your injury is very serious. A head trauma certainly can be very serious. and you are correct that you are entitled to TTD, up to the legal limit, until you are no longer TTD. so if you body part is P&S but another is... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: do you handle lawsuits against the CDCR

I'm filing a case against the CDCR concerning false imprisonment and/or unlawful detainment and falsification of documents and tampering with evidence. If you can help me that would be great.

Dan Moseley
Dan Moseley answered on Nov 22, 2021

Can you provide more information? You do not appear currently to be a prisoner, so what is the nature of the injury for which you seek a remedy? When, where and how did this injury occur?

1 Answer | Asked in Employment Law for California on
Q: Is it a hippa violation to login to your personal computer to do work at home?

Laptop is password protected and no one else has access. Nothing is saved on the computer just logins to online scheduling, texts and email programs for work. Wondering if it is a hippa violation to use personal computer for this instead of work computer.

Neil Pedersen
Neil Pedersen answered on Nov 22, 2021

Not necessarily. More would need to be known about the data security in place, including how the data is transferred. There is nothing inherently violative of HIPAA by working on private data on a home computer/laptop.

Good luck to you.

2 Answers | Asked in Criminal Law for California on
Q: What should I do if false accusations were made against me and was reported to local law enforcement I was told a warran

Warrant issued with in 24 hrs of accusations

John Karas
John Karas answered on Nov 22, 2021

Hire a criminal defense lawyer in your area who handles the type of warrant issued for your arrest.

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