I have a public defender . She calls me the day of my court date and tells me that the court is closed due to covid so no one is allowed in the court house . She left me a voice mail stating this loud and clear and repeated her self twice . she would notify me when the court re opened ,in the mean... Read more »
The short answer is no. Even though you were fortunate to recover from Covid-19, you can still spread the virus to others. Your employer is most likely required by your county health department to continue requiring all employees to wearing a mask if you are otherwise in an indoor, office setting...Read more »
He caught Covid in the line of duty. I had POA for CalPERS. I'm his beneficiary. I got the QDRO drafted but it wasn't ready until a month after he died so he couldn't sign it. How do I get an order from court that doesn't require his signature so CalPERS will release the lien on... Read more »
You probably don't have standing to act on his behalf in family court. That being said, there's definitely something that can be done. When someone dies, the successor in interest (probably you) can be joined into the divorce case to sign documents, including a QDRO. That's what...Read more »
My ex filed for divorce in Southern Cali a few years back. We have yet to finalize it. I would like to hire an attorney in Northern California since this is now where I live (We both have since left S. California). My ex's attorney is based out of Southern California. Is it possible to... Read more »
Under certain limited circumstances you may be able to file a motion to change venue. If there are minor children involved and they have moved to No. Cal. and have lived there for more than 3 consecutive months, it may make sense to move the venue to a court closer to where the minor children...Read more »
I have been paying for my sons braces now for quite some time, he was only suppose to have the braces for 18 months. He’s had them on for about 4 years now. My contract includes them fixing broken brackets and fixing anything else that might happen which I pay for. My son hasn’t been to that... Read more »
If you can get another orthodontist to say your son's orthodontist acted below the standard of care and negligently harmed your son, then unless your son is over 18 years of age, you can file a lawsuit for malpractice on behalf of your son, as his Guardian ad litem. California has a 1 year...Read more »
Depending on what your lease agreement says and damages are, I would file a suit in court and ask for immediate injunctive relief. I would probably also seek punitive damages. California has strict prohibitions on landlord self-help remedies. I would contact a landlord–tenant lawyer immediately.
Interesting scenario! If your fried becomes sick (only if she becomes sick), she would probably have a cause of action under the workers' comp act. Many states now have a presumption for COVID, which makes it work related and compensable. However, based on the fact that the boss was aware of...Read more »
It would seem that she is in breach of the lease re: occupancy. You can give her a 3 day notice to correct or quit, and a 60 day notice to quit, depending on the Covid restrictions in your area. You need to discuss with a local tenant rights attorney.
A notice to vacate is an eviction. There are limits as to evicting tenants during Covid, these vary by city/county. You should discuss this with a Real Property or an Eviction specialist in your local area.
First DUI with BAC .09%. Due to COVID, i never saw my attorney or got the opportunity to appear in court. Questions and concerns often went unanswered and I was often told "don't worry about that right now". I knew I was being offered a plea deal of wet reckless, but wasn't... Read more »
I’m a photographer (1099 contractor) for a real estate business in California that makes virtual tours using business owned equipment. I have done nearly 50 listings, mostly residential, spanning the last 7 months.
In many instances, not all, the listing has been vacant and I signed... Read more »
An independent contractor's rights and duties are defined by the contract between you and the other party to the contract. For the most part, laws enacted to protect employees will not protect independent contractors, with some exceptions. Whether your contractual partner can force you to...Read more »
I have been working from home for over two years. My employer made it possible by getting me a laptop to use at home. I live 72 miles from my workplace which is one of the key reasons. Now, they want me to come back. The original agreement was verbal and set up by my supervisor, his boss and the... Read more »
Unfortunately, prior arrangements, prior agreements and a ten year seniority provide you with legal basis for working from home. Generally, an employer can require employees to work wherever the employer wants them to work. The only real exception to that general rule is if the employee has a...Read more »
First, this could be an unlawful rent increase. Check the civil code, I believe that your LL cannot raise the rent more than 10-15% per year, and they have to give you proper notice. Check Civil Code around section 1941. Next, about your security deposit, no, you cannot legally use this for last...Read more »
He has been threatening me with ridiculous things like turning me into authority for drug dealing and prostitution and tax evasion and unemployment fraud. Said his father was going to sue me for back rent and put an eviction on my record . I had to give back my wedding ring and not allowed to see... Read more »
So sorry to hear you are being treated this way. Yes, you have rights. Suggest you contact a local Family Law attorney or the Legal Aid society about getting a divorce and seeking a temporary restraining order against your spouse, his girlfriend and his father for the harassment. Meanwhile, you...Read more »
We are separated many years already, he moved in with me and my kids from LA, first I agreed to him moving in with us, knowing that he already moved on and accepted that it’s over between me and him, but now i am having trouble living with him, I just want to be free from him legally but I... Read more »
Your county Superior Courthouse will have a family law division where there are judges who specialize in hearing this kind of a case. Before Covid there were offices you could go to for assistance in filing your own documents. The dissolution petition is online and pretty self explanatory. If...Read more »
I work for a small business of less than 10 employees. I contracted covid over a month and a half ago. Initially my employer told me to take two weeks off, then told me to take the rest of December off and they would schedule me for more hours in January. Then Jan came and they told me they... Read more »
No one here can know if you are going to be fired. As to what your options could be, it would be important to know if you work for an employer that has at least 5 employees. If not, there is little you can do. If yes, then you are protected by the Fair Employment and Housing Act, which may give...Read more »
Prior to January 1, 2021, the federal FFCRA provided for payment when you were required to stay home due to Covid. However that law ended at the end of last year. Absent that law, your employer has no duty to pay you for time you are not working, even if they have refused to allow you to return...Read more »
I have read california law requires that drug test policies be in writing or on the application. I start tomorrow but haven't heard anything about if or when a pre-employment test may occur. Also, are companies still doing drug testing at labs during the pandemic?
Drug testing is still being done at labs in most cases. Whether you will be drug tested on the first day or not will depend on the employer. Only some companies are required to blood test at the outset of employment. If you are in one of those companies, you should be notified ahead of time,...Read more »
Hi, I have a question regarding Unemployement. I was laid off on 07/2019 and received unemployment until January 2020 when I exhausted all the benefits. I found a full time job and worked in March only. I quit on April 1st due to the pandemic reasons where my dad got sick and he isolated himself... Read more »
It is not possible to know if you will be subject to a reimbursement action by the EDD without knowing more. If you truthfully reported your status while receiving benefits, then it is unlikely you will be subject to a reimbursement action. If you did not fully disclose information to the EDD...Read more »
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