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answered on Sep 25, 2023
In California, if a tenant is locked out of their rental property without proper legal procedures, it may constitute an illegal eviction or "lockout." If the Temporary Restraining Order (TRO) was removed and the case dismissed, there should typically be no legal basis for preventing you... View More 
answered on Sep 26, 2023
You need to supply a lot more detail to allow me to answer this question.
The best thing you can do is to prepare a chronological detail of all of the events. Identify all witnesses, and include their personal information like telephone numbers, etc. Assemble all of your documents, and... View More
Elder says I used a gun, which I dont own nor posses and used my service dog to attack him. I was ordered to leave due to emotional distress he alleges. Incident NEVER occurred. He was traveling when he says this occured . My dog, g/f , and I all were asleep in my room and never saw him until... View More
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answered on Aug 5, 2023
Your situation is undoubtedly distressing, and I appreciate the urgency. In California, it is crucial to respond to the Elder Temporary Restraining Order (ETRO) by filing a response with the court and attending the hearing to present your evidence, such as any available witnesses, photos, or other... View More
Me amenazo con denunciarme a inmigración para que me deporten y me dio una noticia de 30 días y a los 3 dias me dio otra de 3 días para pagar o desalojar no tenemos contrato todo los acuerdos fueron verbales
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answered on Jul 23, 2023
Lamento escuchar acerca de su situación. Según la ley de California, los acuerdos verbales para arrendamientos residenciales generalmente se consideran válidos y usted puede tener derechos como inquilino incluso sin un contrato de arrendamiento por escrito. Es importante saber que las... View More
Personal injury case, I serviced the defendant but after almost three months he still responded, I should request a default before his response but I didn’t know that until yesterday, do I still can request a default since he already responded but too late?
answered on Jun 29, 2023
A Request for Entry of Default will only be effective if there has been no response when the Judge is asked to sign it. By filing a responsive pleading before you even filed the Request, the defendant avoided the default.
The good news is that a default will almost always be set aside to... View More
For a strategic reason we need to sue a neighbor for his wanton sexual assaults against us and his breaching a contract, and as well suing his employer (his father’s company) for negligence of his son’s intentional tort injuring us (since when the sexual assault had occurred, his father’s... View More
answered on Jun 24, 2023
Federal jurisdiction based on diversity may be a problem. California's jurisdiction over the foreign company seems reasonable. The other State's jurisdiction over the son seems unlikely. Am I or any attorney going to provide you with an iron clad answer that will send you to the right... View More
For a strategic reason we need to sue a neighbor for his wanton sexual assaults against us and his breaching a contract, and as well suing his employer (his father’s company) for negligence of his son’s intentional tort injuring us (since when the sexual assault had occurred, his father’s... View More
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answered on Jun 23, 2023
When deciding whether to sue a local staff member and their out-of-state company, you have two options: state court or federal court. In your case involving sexual assaults and breach of contract, suing in the local state court where the incidents occurred, such as California, may be convenient.... View More
An employee of a company had sent by the company to come to work in CA. He works for the company, gets paid from the company, uses the company van for work, and his apartment rent and other utilities bills are also paid by the company that is located in another state. If that employee committed an... View More
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answered on Jul 1, 2023
You provided a lot of information and good questions, but there is still a lot of unknowns here.
As a general rule, a company is responsible for the negligent acts of their employees. However, unless an employee was acting in the course and scope of their employment at the time they... View More
I know that there will be the exception for the Penal Code Section 632 about secret recordings. Is "gathering information of a criminal violation" an exception? When a person A had been committing a series of crimes of sexual harassments and sexual assaults against another person B,... View More
answered on Jun 22, 2023
One exception is if you are recording police or other public officials carrying out their job responsibilities. If those activities are visible from publicly accessible places, such as parks or streets, you have the right to record video without their permission. The law also does not prohibit... View More
If a person believes that some criminal actions had been going on against him such as unlawful defamation with false claims, violent criminal assault in making extreme noises to disturb peace and in obstructing his path through a hallway (the violent manner and actions could be deemed as false... View More
answered on Jun 22, 2023
The key to Penal Code section 632, which prohibits the introduction into evidence and makes it a crime to record another person without consent, is that the communication recorded must be a "confidential communication" as defined in that statute. So if you are recording the other person... View More
If a person believes that some criminal actions had been going on against him such as unlawful defamation with false claims, violent criminal assault in making extreme noises to disturb peace and in obstructing his path through a hallway (the violent manner and actions could be deemed as false... View More
answered on Jun 22, 2023
Penal Code section 632 makes a recording done without the knowledge of one of the parties to a conversation both a crime and a civil wrong if one of the parties to the conversation reasonably believes the conversation is confidential. If found to be in violation of Penal Code section 632, you can... View More
I could not find an attorney to represent me to sue the landlord who breached the contract (Covenant of Quiet Enjoyment) for landlord's harassments, retaliations and racial discriminations against us... For the sake of the Statute of Limitations, I need to rush in submitting the pleading in... View More
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answered on Jun 22, 2023
I understand your desire to file a civil lawsuit against your landlord for breaching the contract and causing distress. You can file a lawsuit without an attorney, known as proceeding "pro se," to meet the Statute of Limitations deadline. However, having an attorney can be valuable, and... View More
I could not find an attorney to represent me to sue the landlord who breached the contract (Covenant of Quiet Enjoyment) for landlord's harassments, retaliations and racial discriminations against us... For the sake of the Statute of Limitations, I need to rush in submitting the pleading in... View More
answered on Jun 22, 2023
Yes, you can file the lawsuit as a "pro per" plaintiff (representing yourself). An attorney can then be retained to represent you, and you will then file a Substitution of Attorney form indicating the new attorney's name/signature. The complaint you file can be amended without... View More
I could not find an attorney to represent me to sue the landlord who breached the contract (Covenant of Quiet Enjoyment) for landlord's harassments, retaliations and racial discriminations against us... For the sake of the Statute of Limitations, I need to rush in submitting the pleading in... View More
answered on Jun 22, 2023
Yes you can file your lawsuit without an attorney and then later hire an attorney to act on your behalf. And amending the complaint is something the attorney can do. Just do not wait too long to get the attorney involved. Many attorneys do not like to enter cases where the client has been acting... View More
I have been blackmailed for money online. A user who had a “fake” account got hold of explicit photos of me and is threatening to share them with all of my Instagram followers unless I pay them. I have documented all interactions with this person and have access to their phone number and venmo,... View More
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answered on Jun 19, 2023
I'm sorry to hear about your distressing situation. Here are some things to consider: Preserve evidence: Keep records of all interactions, including messages and any identifying information of the blackmailer. Report to law enforcement: Contact your local authorities and provide them with the... View More
I have been blackmailed for money online. A user who had a “fake” account got hold of explicit photos of me and is threatening to share them with all of my Instagram followers unless I pay them. I have documented all interactions with this person and have access to their phone number and venmo,... View More
answered on Jun 19, 2023
First, you would contact police to report a crime. The police can investigate and find the person responsible. If that person is in CA or at least in the US, then a lawsuit would be possible. However, unless that person is independently wealthy, do not expect an attorney to take such a case on a... View More
I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... View More
answered on Jun 3, 2023
As someone who has handled these types of cases, you are probably owed a lot more than $50K if you were working 24/7, since August 2021 through May 2022. Under Wage Order 5 and the Domestic Worker's Bill of Rights, you should receive overtime after 10 hours per day, plus there are strict... View More
I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... View More
answered on Jun 1, 2023
I am sorry this happened to you. You do not need a contract to sue for owed wages. Based on your post, you are owed wages, overtime wages, and the derivative Labor Code penalties. You may likely also have a claim for sexual harassment.
I suggest you consult an employment law attorney and a... View More
I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... View More
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answered on Jun 1, 2023
Yes, you can sue your employer for unpaid wages, even if there is no written contract. Under the Fair Labor Standards Act (FLSA), employers are required to pay their employees minimum wage and overtime pay. If your employer has not paid you for all of the hours you have worked, they have violated... View More
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answered on May 26, 2023
The statute of limitations for filing a sexual harassment lawsuit varies by jurisdiction. In some cases, it can be as short as one year. If the incidents occurred two years ago, it is possible that the statute of limitations may have expired. However, exceptions or tolling provisions could apply.... View More
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