Michael R Trust Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2025

A: Hello. Let's start here: what your co-workers heard or didn't hear is not particularly relevant at this juncture, because it's going to be very hard for you to prove that the comment was made.

In terms of hours reductions after your notification about surgery, there would... View More

With respect to a claim for discrimination under the California Unruh Civil Rights Act, Cal. Civ. Code § 51, there is on-point and instructive caselaw supporting its viability.

In Paul v. Hyatt Hotels Corporation (C.D. Cal., May 18, 2018, No. LACV1706849JAKMRWX) 2018 WL 2284174, a hotel... View More

I am sorry to hear of your mistreatment. Yes, you can move forward with a discrimination lawsuit against the agency now that you made your government claim against the agency through CRD pursuant to the Government Tort Claims Act and have received your right to sue letter. Your lawsuit would not be... View More

While you can proceed with the claim against the State for discrimination, while the union arbitration is pending. However, the danger is that findings in one proceeding will establish facts for purposes of the other proceeding. Thus, you would be best served to have the same employment attorney... View More

You are entitled to recover money for your medical bills, loss of earnings, pain and suffering etc. You should contact any one of us on Justia right away. A claim against the public entity needs to be filed within SIX months from the date of injury. Once you’re done with all your treatments a... View More

It is quite common to negotiate a higher severance amount, particularly where the underlying circumstances suggest potential exposure for the employer. The company’s decision to extend a severance offer suggests—at least implicitly—that it recognizes some degree of risk or merit in your... View More

Simply being placed on a 5150 hold does not automatically revoke your gun rights.

Gun rights are typically affected only if:

1. You are formally adjudicated as a danger to yourself or others under California law (for example, through a court order finding you mentally incompetent or... View More

Prepare a chronological statement of facts beginning with the date of the incident involving damage to the car, and bring it current to the present time. Include all of the facts and events that have transpired. Name the witnesses, including their addresses and phone numbers, what they did, when... View More

If the vehicle is jointly registered in both your name and the accuser’s name, it is not legally “stolen.” In California, theft charges generally require that you take property belonging solely to another person without their consent. Since you are a co-owner, you have a right to possess the... View More

I agree with Mr. Black, and also, you need to work with the school to get all 7 disciplined. Schools usually expel students involved in group attacks, so make sure they have all the details and do move forward. If your child needs to transfer schools or needs a protection plan at school, work... View More

Stephen Arnold Black Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2025

You should retain a personal injury lawyer in your state. If the incident involved a public school, be aware that shorter deadlines may apply, and strict notice requirements must be met. Many attorneys are reluctant to take cases against public agencies, so you may need to consult with several... View More

Marina Samson Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2025

I am very sorry to hear about the incident and the pain it caused to your family. While focusing on your son's recovery and safety in school, please be aware of strict deadlines that govern the lawsuits against the public entities such as schools. The California Government Claims Act requires... View More

Under California Education Code section 48950 students maintain some freedom of speech rights at school. Is it prohibited by the school dress code? It may depend on what that dress code prohibits or what the effect could be of the shirt. There was a case, Dariano v. Morgan Hill in 2014, where... View More

In California, a conviction is valid only if the defendant was legally competent to stand trial and enter a plea. Under PC §1367, a person cannot be tried or plead guilty if, due to a mental disorder, they are unable to understand the proceedings or assist their attorney. If a judge had concerns... View More

Not always. Under Welfare & Institutions Code §5150, several professionals in California—not just law enforcement—have authority to place someone on a 72-hour psychiatric hold if they are a danger to themselves, others, or gravely disabled due to a mental disorder. These include:... View More

I am sorry that you are dealing with the consequences of moral panic over artwork. You are not the only one; many social media users are currently being wrongly flagged as child abusers over either artwork or other innocent materials such as family photos.

Thankfully you do have legal... View More

You can still seek protection, but the process depends on where you file. Since you live in California, you can request a domestic violence restraining order (DVRO) or a civil harassment restraining order in your local California court. If granted, the order is enforceable nationwide under the... View More

If you were pulled over in California for a window tint violation, any subsequent search must comply with legal limits. A K9 sniff is generally allowed, but opening containers or personal items requires consent, probable cause, or a warrant. A search beyond these limits could potentially be... View More

You want to make sure that everyone gets sued, but you haven't provided all of your evidence to your attorney? Your expectations, and priorities, are out of line. First, arm your attorney with evidence. Second, criminal justice decisions are made by the police (for arrests), and by the... View More

The time limit to sue for malpractice is 1 year. Claims for discrimination may have different time limits.

As a malpractice case, it is my opinion, that the case would not be viable. Considering the factors presented, the amount of the potential recovery and the issues proving liability,... View More