California Recent Legal Answers from Lawyers

Hello.  I am sorry this has happened to you.  Unfortunately, it happens quite often to people.  I will gladly help you retrieve your property from your sister and sue for fraud/punitive damages if you like.  Might be able to go after the notary public as well and they usually have bonds to pay for the litigation.  I have no problem working on a contingency basis.  Let me know.  ... Read Answer

Yes immediate family members can sue a cemetery for emotional distress based on the negligent handling of their loved ones remains. You should take immediate steps to retain a lawyer in California on contingency fee so that you can file a claim against the cemetery. Are you 100% certain that your mom was moved to a different plot? I have done many of these cases and I know an attorney in California that can represent you.     ... Read Answer

Yes, you have a workers compensation case.  If the employer is not following the restrictions, I highly suggest you talk to one of us work comp attorneys on this site for help.  The insurance will be liable for anything the employer does that makes your condition worse.  It's time to bring in a attorney to be on your side and write a nasty letter to insurance and employer about failure to follow restrictions. This will also need to be brought up to your work comp primary treating physician so they can modify restrictions or take you off work completely until you heal.  You may have additional options, but we would need to go over more details for real legal advice.  Call one of us here on Lawyers.com for work comp help.  Consults are free, cases are taken on contingency at 15% with nothing out of pocket.... Read Answer

In most cases, you should be able to file for your parents’ green cards if you are a US citizen and as long as they are not inadmissible to the US. A note of caution – please note that visitors to the US upon entry are not supposed to have an intention to immigrate as they make a representation when passing inspection that they are only going to be in the US for a period of visit. Therefore, steps towards immigration within 90 days of entry may bring questions from immigration officers as to your parents’ intent at the time of entry. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence... Read Answer

Hello, If your passing out caused any injury, then yes you may have a workers compensation claim and potential case.  However, if there was no injury - or if the injury was just a minor first aid issue - then perhaps not. Best to call one of us work comp attorneys here and discuss the details, any injuries, and any medical treatment needed at this time.  That way we have the full information and can discuss options. Wishing you all the best... Read Answer

Hello.  You can force a sale through a "Partition" lawsuit and she would be forced to pay half the value of the rent until the sale takes place.  She would also be forced to pay half of your attorney fees to force the sale.  Usually the threat of a forced sale results in a settlement if one party is able to refinance and buy the other out. ... Read Answer

I do not know of an expedited process for green cards where healthcare workers are concerned, although USCIS recently said that it would expedite employment authorization renewal cards for such workers. The fact that you are already in the US instead of overseas would also not be in your favor in requesting an expedite from the agency. The expedite criteria from USCIS are: Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure: (1) to timely file the benefit request; or (2) to timely respond to any requests for additional evidence; Emergencies and urgent humanitarian reasons; Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural or social interests of the United States; S. government interests (including cases identified as urgent by federal agencies such as the U.S. Department of Defense (DOD), U.S. Department of Labor (DOL), National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Justice (DOJ), the U.S. Department of State (DOS), DHS, or other public safety or national security interests); or Clear USCIS error. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

To have a concurrent H-1B, the new employer must go through the same H-1B process with all the paperwork and fees to USCIS. For a concurrent H-1B, however, the employer does not have to go through the H-1B selection process. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Yes, it appears the contractor has breached the construction contract.  But a breach does not void the entire contract.  It merely provides you with the remedy to sue for the breach.  You cannot ignore the contract at this point as one of the requirements to sue for breach is that you have performed all obligations under the contract required of you.  But you can immediately send a demand letter to the contractor informing them of the material breach of the contract terms and demanding they cure the breach by returning the money to you for the work not completed.  If they fail to do this you can then sue them in court to recover your money lost.  If the contractor has also stopped performing under the contract, that is another material breach (presuming they still have work left to do under the contract).  The contractor cannot "control" the job if they have breached the contract.  You an start by filing a complaint with the Contractor's State License Board against their license.  That will get their attention, since they may have their license suspended if they don't cure the breach.... Read Answer

Unfortunately, if you are performing work for which a license is required by the CLSB, there are CA laws that provide that an unlicensed contractor is not entitled to receive any payment for that work.  So the client is within his rights to demand that you return any money he paid you.  You need to get a license.... Read Answer

Yes, you have a case.  No matter whether the car that hit you was hit from behind, the driver of the Prius that hit you is required under the CA Vehicle Code to maintain a safe distance behind your vehicle sufficient to prevent such an accident.  The only time I could see the Prius' insurance denying your claim is if you were both stopped at a stop light, e.g., and the hit and run driver then hit the Prius pushing him into you.  Then you would need to make an uninsured motorist claim with your insurance.... Read Answer

I don't understand what you mean "he poses a police officer to clean it up".  Did the mechanic have a police officer lie for him to cover up his mistake, or did the mechanic tell you he was a police officer?  Please provide more information on that.  Have you made a claim to the auto shop or filed a complaint with the Bureau of Automotive Repair with the State of CA?... Read Answer

Your father-in-law's estate must be probated.  The sooner the better so that you can save the house.  Your spouse will become an equal owner of the house with his/her siblings.  In order to help, I would need to see how title to the house is currently held, and would need to know if he own it with his spouse, etc.... Read Answer

Just because you were given until July 27 on your entry does not mean that you are allowed to come back to be in the US for another 15 days after returning from India. Your leaving and coming back subjects you to a new inspection when your return. A CBP officer may wonder why he or she should allow you to come back in after such a short trip outside the country. You may have a more sympathetic inspection if you are able to outline the reasons for which you need the additional time and you are able to produce documents relating to the urgency of your having to return to India before being able to accomplish your original purpose in the US. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Airbags aren't typically designed to deploy in rear-impact crashes, since the danger to a person from their body being thrust forward against the steeringwheel/dash is very low (as the seatbelt should restrain you upon the recoil effect from the rear impact).  Also, if you had no insurance at the time of the collision, you will not be allowed to recover pain and suffering damages for your injury from the responsible driver's insurance.  Unless you know for sure that your Escalade was designed with rear-impact airbags, and/or the recall was for such equipment, it sounds like you don't have a products liability case.... Read Answer

You would first have to petition the court for authority to administer your son's estate.  Then take that authority to pursue the assets that rightfully belonged to him.  If your son has a trust or will, it should be probated and suit filed against his father for an accounting, etc.... Read Answer