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In 2016 I was run over intentionally while riding a bicycle, afterward I got word that the dude skipped town and figured oh well guess thats not getting justice. I made several requests for the report, kept getting denied, telling me not enough info, or cant locate. Then right after the SOL... View More 
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answered on May 26, 2024
Based on the information you have provided, it seems that the San Francisco Police Department (SFPD) may have mishandled your case by withholding the police report until after the statute of limitations (SOL) expired. This could potentially be a case of negligence or even misconduct on the part of... View More
2 of my phones were seized during a search warrant for my vehicle when it was towed after my arrest
they were NOT specifically named in the search warrant for my car
They got warrants to extract essentially all of the data& found NO EVIDENCE.
in February, my attorney... View More
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answered on May 26, 2024
This is a complex situation and there are a few important legal considerations at play.
In general, once a criminal case is resolved through a guilty plea or trial, any property seized as potential evidence should be returned to the owner if it is not contraband and not subject to asset... View More
We live in an apartment complex owned and managed by SDHC San Diego housing commission my neighbor and me live in two identical units same sq footage same number of br and ba etc is it legal for the landlord to charge me $500 more a month than my neighbor ?? I am a Senior Citizen and I am Disabled... View More
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answered on May 26, 2024
Based on the information provided, it's unclear whether the rent difference you're experiencing is legal or not. Here are a few key points to consider:
1. Fair Housing Laws: Under the Fair Housing Act, it is illegal for landlords to discriminate against tenants based on protected... View More
We live in an apartment complex owned and managed by SDHC San Diego housing commission my neighbor and me live in two identical units same sq footage same number of br and ba etc is it legal for the landlord to charge me $500 more a month than my neighbor ?? I am a Senior Citizen and I am Disabled... View More
answered on May 26, 2024
Thank you for your question!
1. First, you need to ask SDHC what is the reason behind your unit costing $500 more than your neighbor. It can be e.g., a better parking spot assigned to that unit, less noise, or a better view, etc.
2. If there's no reason related to the property... View More
We have a divorce case (with one case number) and three different motions in two different courts awaiting hearings. The opposing party’s attorney has made contradictory statements about one fact, varying by the court and motion. The first hearing is coming up. How can I request a sanction... View More
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answered on May 26, 2024
In California, requesting sanctions against the opposing party's attorney for alleged perjury or inconsistent statements requires following specific procedures. Here's what you should consider:
1. Written motion: It is generally advisable to file a written motion for sanctions... View More
I just want to know if there's a law against us breathing in all that second hand smoke while being outside watching them, also they have us go with patients to their doctors appointments, shouldn't it be the nurse to do that?
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answered on May 26, 2024
Regarding your questions about smoking breaks and doctor's appointments as an activity assistant in a nursing home in California:
1. Secondhand smoke exposure:
California has strict laws protecting employees from secondhand smoke in the workplace. However, the laws make... View More
i got deported cuz he put charges on me that were falsse not only that my ex girlfriend took my son from me cuz my dad never notified me that i needed to go to court for my son
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answered on May 26, 2024
I apologize for your difficult situation, but I have a few important things to note:
In California, it is illegal to record a private conversation without the consent of all parties involved. Recording someone without their knowledge or permission could potentially get you in legal trouble... View More
I know the appeals court in USA vs duarte rules that non violent felons CAN own a gun. I have a non violent felony from 1999. So can I buy a gun now? Will I pass the background? What are the felonies that exclude a person from owning a gun?
I cannot find an answer anywhere. I emailed... View More
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answered on May 26, 2024
The Ninth Circuit Court of Appeals decision in USA v. Duarte did rule that the federal ban on firearm possession by nonviolent felons is unconstitutional. However, this decision is not currently in effect and does not mean that all nonviolent felons can immediately purchase or possess firearms... View More
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answered on May 26, 2024
Filing and paying unwithheld payroll taxes from 2020 and Q1 2021 before receiving notice from the IRS may help prevent the assessment of the Trust Fund Recovery Penalty (TFRP). Here's why:
1. Voluntary compliance: By filing and paying the unpaid taxes before being notified by the IRS,... View More
My fiance & I have lived together 15 yrs. His sister who is successor tr of his mom's estate evicted us. She put some guy at the house telling me I couldn't go in and get my things! She threw everything I own away! Now they are getting ready to close escrow and fiances atty says just... View More
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answered on May 25, 2024
There are a few important legal considerations here:
1. Your fiancé's attorney has a duty to represent only your fiancé's interests. The attorney cannot ethically represent both of you if there is a conflict of interest between you and your fiancé.
2. Even if you are... View More
My fiance & I have lived together 15 yrs. His sister who is successor tr of his mom's estate evicted us. She put some guy at the house telling me I couldn't go in and get my things! She threw everything I own away! Now they are getting ready to close escrow and fiances atty says just... View More
answered on May 28, 2024
Any time you have two parties whose rights and interests may diverge, it is recommended to seek separate representation for the two parties. There are certain situations in which a dual representation may be appropriate, such as joint estate planning for a married couple, but even then, informed... View More
Do I have to also go to their QME.? Or was the QME I saw approved by both my attorney and their ins.co?
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answered on May 25, 2024
Under California workers' compensation law, there are a few key points to understand:
1. QME (Qualified Medical Evaluator): A QME is a physician certified by the Division of Workers' Compensation Medical Unit to evaluate an injured worker when there is a dispute over the injury.... View More
My ex and I have joint legal and physical custody of our daughter who has had chronic stomach issues for a couple of years now. We have done a lot of testing with our daughter's pediatrician and everything comes back normal so the pediatrician just recommends therapy and says she might have... View More
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answered on May 25, 2024
In California, when parents with joint legal custody disagree on decisions related to their child's healthcare, either parent can file an ex parte application seeking court intervention. Here's what you should consider:
1. Gather evidence: Collect all relevant medical records,... View More
is the tenant responsible for the remainder of rent since they are breaking the lease 10 months early
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answered on May 25, 2024
Under California law, if a tenant breaks their lease early, they may still be responsible for paying the rent for the remainder of the lease term. However, the landlord has a legal duty to try to mitigate their losses by making a reasonable effort to find a new tenant as soon as possible. This is... View More
I want to be able to proceed with my divorce, but if im unable to locate my husband how do I do that?? He keeps traveling around from state to state, so I'm unsure how to locate him to be able to serve him papers.
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answered on May 25, 2024
Under California law, if you are unable to locate your husband to serve him with divorce papers, you can request the court's permission to serve him by alternative means. This is known as a "motion for alternative service." Here are the steps you can take:
1. File for... View More
Agent asked if I was ok signing new contract, I said no twice. New contract wrote up with different begin date and extended close date. I haven't signed . Sent by a different person
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answered on May 25, 2024
Based on the details you provided, it seems like there are a few issues at play here:
1. The original closing date of May 7, 2024 has passed without the escrow being able to close. This could be due to various reasons, such as issues with funding, title, or other contractual obligations not... View More
Agent asked if I was ok signing new contract, I said no twice. New contract wrote up with different begin date and extended close date. I haven't signed . Sent by a different person
answered on May 27, 2024
Thank you for your question!
A valid contract needs mutual assent. This means that unless you sign the agreement, no contact is formed. However, to protect yourself, in a conspicuous language in writing, communicate to the agent that you do not want the agreement to be formed. This way you... View More
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answered on May 25, 2024
If you are unable to locate your husband and are concerned about his well-being, there are a few steps you can take:
1. File a missing person report: Contact your local police department in California and file a missing person report. Provide them with as much information as possible,... View More
answered on May 25, 2024
If this is for purposes of locating him so you can serve him with a Petition for Dissolution, find out his last known legal address, documents all efforts you have made to find him, and then file a motion with the court to get permission to have him served by publication. Otherwise, hire a PI.
How specifically California Health and Safety code addresses hospital liability for independent consultants?
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answered on May 25, 2024
The California Health and Safety Code addresses hospital liability for independent consultants in Section 1799.110. Here is a summary of the key points:
1. Hospitals are generally not liable for negligent acts of independent contractors, including physicians and surgeons who are not... View More
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