The State of CA under the Covid 19 emergency has told tenants, broadly, that they do not have to pay rent to their landlords for up to 90 days. This, in spite of the fact that a legal contract exists between tenant and landlord. Can this be considered a "seizure" without due process under... View More 
answered on Apr 6, 2020
It is not a seizure because the government isn't taking anything. A pandemic singularly triggers emergency government powers to become effective that would otherwise lay dormant. Further the state is not tearing up a contract. The tenant is breaching the contract by not paying rent, and you... View More
I can stay in the US on my B1/B2 Visa for 6 months. I am having travel issues because of the COVID-19 pandemic. I am supposed to leave on April 15 - I have a ticket for April 14th but transportation has been shut down in Ukraine and I cannot leave the US. What is my best course of action?
answered on Apr 4, 2020
If your visitor status is due to expire this month and you are unable to timely depart due to the COVID -19 health crisis, you can request an extension of your status by filing FORM I-539 with USCIS. You will need to include documentation of the reasons of your inability to travel abroad.... View More
I signed a "proposal and purchase agreement" for HVAC work for my home. I signed it on March 15, work is originally scheduled for March 30-April 3 but I had to postpone it until end of April. However, with the economic uncertainty due the pandemic, I might back out of this agreement... View More
answered on Apr 4, 2020
Apparently you did not cancel the contract within 3 days, which, theoretically, locks you into it.
As you know these COVID-19 times are very uncertain, and we don't know how the courts are going to rule on the multitude of cases affected by the pandemic that are now before the court,... View More
Stay-at-home order From COVID-19 the mother continues to allow her son to attend ‘play dates’ and attend birthday parties what can the father do to immediately halt these actions? Spring break begins 6 April for 2 weeks and all indications are that the mother will continue normal activity... View More
answered on Apr 3, 2020
This is one you are going to have to have the courts weigh in on. It appears from the question the matter has never been to court since there are no current custody orders. You would either need to file a Petition for Custody/Support or a Paternity action depending on if there is a Voluntary... View More
answered on Apr 1, 2020
The answer to your question depends on many facts not included in your post. The general rule, of course, is that you have to work if you are scheduled to do so. In these crazy times, the general rule is only altered if the law gives you the right to countermand your employer's desire. If... View More
Was suppose to go to Rome from San Diego on 4/23. Paid $2055 with insurance for 2 people and hotel. I understand in the midst of covid-19 things are hectic... anyways they are only offering me $439 for the flights and roughly $780-$800 for the hotel. Which means I’m only getting back $1236 ish.... View More
answered on Mar 31, 2020
First of all, as you know, life has totally changed as we know it. Hopefully, it will get back better, but I don't know if things will get back to normal. Getting business services to "serve" is very sketchy. If you are in communication with the company that you contracted with... View More
I did my research for California. Its a non essential job. I work for a hotel but they are not housing victims and homeless as the state says needed to comply as essential. They furloughed lots of other positions, but told me that I have to be there. We are only housing 9 to 11 rooms per night in a... View More
answered on Mar 28, 2020
We are involved in times and events that are unprecedented. Given the Governor's Stay at Home Order employers and employees are left with little to guide them with regarding how to interpret it. What does and does not fall into one of the 16 essential services may be clear for some... View More
We are in the middle of settling my father in law's estate and that includes getting rid of the people living in the house. He was living in the property but renting the main house. Without a contract. They have been paying monthly but less than similar rentals in the area. They also are... View More
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answered on Mar 26, 2020
Just to be safe, wait for 60 days and see what the new regulations are at that time. Then, if you must, you could send them the 60 days Notice. However, be advised that certain cities have regulations regarding buyout of tenancies in the form of relocation packages. Make sure you have an... View More
If your employer is cutting hours and sends you home after you have reported to work dose reporting time pay still apply, during the pandemic that's going on?
answered on Mar 25, 2020
There are exceptions available to the employer to the obligation to pay Reporting Time Pay. The exceptions include:
1. When operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue; or
2. When... View More
I'm a Swedish citizen living in London with my American now husband. We've been living together in Sweden and the UK for over 5 years, and just got married a month and a half ago in Sweden. We're in the US temporarily to visit family, before heading back to London to start the... View More
answered on Mar 25, 2020
Yes. Your husband can petition for you at the same time as you apply for permanent residence. It is about a six to eight-month process under normal conditions, but it is hard to say how the corona virus will change that. It may be your only option at this time. Alternatively, you can wait until... View More
Hello, we are in the process of a divorce. We have been in mediation but recently my spouse retained an attorney who does not appear to want her to continue mediation. I own an insurance agency and she is a teacher. My question is this:
I received a FL-145 with a very detailed list to... View More
answered on Mar 25, 2020
Most attorneys will grant an extension when presented with a polite letter requesting one. If your documents are many, or complicated, retaining an attorney seems necessary. Most attorneys right now, because of court closures, are working out of their offices, closed to the public and clients... View More
Restaurant staff was reduced by 90% with only a few staying for take out orders only. I was not formally fired, just told there’s no work for now due to the stay at home order in California. I asked for my paid sick days and accumulated vacation pay but it was refused.
answered on Mar 25, 2020
There is a difference between losing your job and being furloughed. If you have not been terminated but instead just told not to come in for the time being, the employer has no duty to pay you your accrued vacation pay. And even if you were terminated, there is never a duty to pay out accrued... View More
Due of the corona virus, people are being let off from work, including illegal immigrants. Because of this, can they apply for unemployment? If not, what other solution is there for them to receive money or aid from the government? What can be done when bills and rest must still be paid and food... View More
answered on Mar 24, 2020
In California your immigration status should not disqualify you from unemployment insurance benefits. However if the employer has not paid into the fund on your behalf if you have a fictitious or fraudulent social security number you will face difficulties. Nonetheless apply and work through... View More
My daughter has supervised visitation three times a week with father and Butte county The virus has been confirmed twice she is known for febrile seizures I have a note from doctor stating to stay out of Butte county I am in Glenn county how do I change the order with the court to allow the visits... View More
answered on Mar 23, 2020
You would have to file an FL-300, and probably a request for emergency orders. You would need to file those in the court where the custody order is located. Either get represntation or call the court first as each court is upside down right now because of the corona virus.
Hello, I'm a unarmed security guard for Allied Universal, I kick out homeless people and loiterers, the area where I work at is big and I happen to work with myself (no coworkers).
Now with a Covid-19 pandemic, when a transient gives me trouble, the police are unable to help me.... View More
answered on Mar 22, 2020
I think you have a more basic matter with which you should be concerned, which Mr. Pedersen did not address.
All people in the State of California have been ordered to stay home, unless you work in a field which is exempt from that order. Even if you "work alone", as you say, you... View More
Was also offered a $9k severance package which includes a stipulation that no future actions can be taken regarding any occurrences between parties, including termination. Have been with the company for 20 years +
answered on Mar 22, 2020
While I agree for the most part with Mr. Pedersen's opinion, most importantly you should have the severance agreement reviewed by an experienced attorney who handles wrongful terminations. There are several reasons why you should do this. Since you've been with the company for 20 years,... View More
While many of my company's employees have began working from home, a few departments are being required to go into the facility to continue work.
The company is not within any of the critical business sectors outlined within... View More
answered on Mar 21, 2020
First, you should comply with the state Stay at Home order as best you can. If you have a critical position within the company, you should discuss the issue with your immediate management or someone in Human Resources, if there is one in your company. Generally, use good common sense for yourself... View More
answered on Mar 20, 2020
She probably won't be allowed to return unless she is able to lawfully immigrate to the U.S. However, she can be barred up to ten years, even indefinitely for certain acts related to unlawful presence and subsequent return. I strongly recommend an appointment with a competent immigration... View More
Code 8665 was announced in a declaration to stay home last night. My job is to check vacant properties for squatters and it is very bad if I don’t do this. They will move in and take over. I am self employed and contracted. Am I part of the necessary work force? Does this read as a document for... View More
answered on Mar 20, 2020
We are in a whole new set of circumstances and it is not easy to know exactly how the Governor's Order will be interpreted. On its face it appears to say you must stay at home unless you carry out one of the 16 essential government services referenced in the Order. However you also need to... View More
Both parents have joint custody, mom has primary. Visitation is every 2,4,5 the weekend with dad. Summer vacation is 1 week on 1 week off. How is visitation handled during a pandemic?
Edit. Father wants to enforce summer vacation schedule. I have twins who fall in the high risk group so I... View More
answered on Mar 18, 2020
That is a really good question, and I wish I had a really good answer for you. The truth is that this is an entirely different situation than we ever seen and I've been doing family law for 35 years. My initial inclination was that the orders should just be followed as if there were no... View More
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