California Recent Legal Answers from Lawyers

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488 legal [2, *]questions have been posted about by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
California Recent Legal Answers from Lawyers
Page 16 of lawyers' answers to legal questions about California.

Recent Legal Answers

I am married to an older retired man. He is 79 and I am 57, we have been married for 17 years.

Answered 4 years and 6 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
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If your husband did in fact put your name on the deed, he CANNOT take your name off.  I would need the address so that I could see what deeds have been recorded.
If your husband did in fact put your name on the deed, he CANNOT take your name off.  I would need the address so that I could see what deeds... Read Answer
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Sounds suspicious.  You should in deed be getting the settlement money since your brother died intestate (without a trust or will).  Do you have the case number?  I would begin by looking at what was filed in the case.  I would also like to see the settlement agreement.
Sounds suspicious.  You should in deed be getting the settlement money since your brother died intestate (without a trust or will).  Do you... Read Answer

Where do I start

Answered 4 years and 6 months ago by NA roseann@frazeelawgroup.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You should contact CPS immediately.  CPS are compelled to locate and place the children with family members. Good luck!
You should contact CPS immediately.  CPS are compelled to locate and place the children with family members. Good luck!

BK

Answered 4 years and 6 months ago by NA roseann@frazeelawgroup.com (Unclaimed Profile)   |   1 Answer
Are you sure that's the correct amount of your student loan, i.e., $341?  To file a bankruptcy the court filing fee is about that amount.  If you have more debt than this loan, then it might be worthwhile.  You need more than "out of work" to get relief from a student loan.  You need total disability to work now and in the future.  Also, it depends on so many factors to determine how you will pay or not.... Read Answer
Are you sure that's the correct amount of your student loan, i.e., $341?  To file a bankruptcy the court filing fee is about that amount. ... Read Answer

My friend was molested

Answered 4 years and 6 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Child Abuse and Neglect
Your friend can file a lawsuit against those parties who both molested her, as well as any third-party who knew or should've known of the child molestation but failed to take measures to inform the police. If that person was molested in a home, where the third-party had homeowners or rental insurance, there would be a source of recovery that she could sue for. Discuss your case with counsel on contingency fee, which means she doesn't pay anything unless she wins The case. I cocounsel with attorneys in California  on these cases, and I have had a lot of success with them. The statute of limitations is suspended in California during the period that the child was a minor, so there may be enough time that she can bring her case. Discuss with counsel.... Read Answer
Your friend can file a lawsuit against those parties who both molested her, as well as any third-party who knew or should've known of the child... Read Answer

Can my ex wife request my new wife's medical records for our custody hearing ?

Answered 4 years and 6 months ago by NA roseann@frazeelawgroup.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
No, you ex-wife cannot secure a copy of the present wife's medical records.  She has privacy privilege.
No, you ex-wife cannot secure a copy of the present wife's medical records.  She has privacy privilege.

Repossession or surrender after bk discharged

Answered 4 years and 6 months ago by NA roseann@frazeelawgroup.com (Unclaimed Profile)   |   1 Answer
It depends.  If you listed the car loan in the bankruptcy, then the bankruptcy will cover it for sure.  It also depends on your bankruptcy discharge.  Without reviewing your records, I wouldn't be able to make an accurate assessment.
It depends.  If you listed the car loan in the bankruptcy, then the bankruptcy will cover it for sure.  It also depends on your bankruptcy... Read Answer

In the state of California, can I pay child support through Venmo?

Answered 4 years and 6 months ago by NA roseann@frazeelawgroup.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
Yes, they should work.  At least you have a record.  Oftentimes, someone pays child support with cash and then has no record.  Good job!
Yes, they should work.  At least you have a record.  Oftentimes, someone pays child support with cash and then has no record.  Good... Read Answer
That is one of the main problems with getting lifetime medical for your work injury.  The employer/insuranced company still controls your medical treatment.  A possible option is to have the them buy out your future medical to close out your case.  This would allow you to have control over your medical treatment.  However, the insurance company has to agree to this as well.  Please contact me if you want to discuss this further.   Cyrus Chen CCC Law Group 949-888-9807... Read Answer
That is one of the main problems with getting lifetime medical for your work injury.  The employer/insuranced company still controls your... Read Answer

Can I sue for pain and suffering for stress in small claims court?

Answered 4 years and 6 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
No a plaintiff cannot recover mental anguish damages in a breach of contract action.    
No a plaintiff cannot recover mental anguish damages in a breach of contract action.    

How concerned should I be? How likely is it that the FBI is going to come with a search warrant?

Answered 4 years and 7 months ago by Andrew Mark Jaffe (Unclaimed Profile)   |   1 Answer
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I would be surprised if the authorities would come after someone who never signed in to an account.  In the unlikely event that the authorities do come to your door, do NOT say anything without hiring a lawyer to represent you.
I would be surprised if the authorities would come after someone who never signed in to an account.  In the unlikely event that the authorities... Read Answer
You are unfortunately caught in a situation that many are experiencing at this time of the inconsistency of USCIS. We have seen many I-130 petition cases which were adjudicated subsequent to your filing in September 2019, and yet have some filed long ago that have not been reached. The processing times put out by USCIS have almost become a running joke as they have little relation to reality. Getting a message that USCIS is actively reviewing the case does not mean a lot, and there are many of these messages sent in which the case is not adjudicated for a year or more. 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
You are unfortunately caught in a situation that many are experiencing at this time of the inconsistency of USCIS. We have seen many I-130 petition... Read Answer

I-130 petition filed without my knowledge

Answered 4 years and 7 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
I do not see a question in your fact situation, but I am surprised that you have not seen fit to file a petition for your wife even though you have been married over two years. 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
I do not see a question in your fact situation, but I am surprised that you have not seen fit to file a petition for your wife even though you have... Read Answer

Can a misdemeanor charge be withdrawn?

Answered 4 years and 7 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
While I am not a criminal lawyer, it would appear that you are too late to have the charges dropped as probation means that a final judgment has already been made on your daughter’s case. You may wish to consult with a criminal attorney to see if anything can be done at this time. 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
While I am not a criminal lawyer, it would appear that you are too late to have the charges dropped as probation means that a final judgment has... Read Answer
sounds like its certianly possible. You should retain a private investigator to track his movements. 
sounds like its certianly possible. You should retain a private investigator to track his movements. 
Yes you can withdraw your joint sponsorship. Get the case number from your son which is the receipt number on the 797 notice of action form, and correspond with USCIS indicating that you want to withdraw your joint sponsorship.
Yes you can withdraw your joint sponsorship. Get the case number from your son which is the receipt number on the 797 notice of action form, and... Read Answer

How can i get information on a reverse Mortgage after my parents have decease

Answered 4 years and 7 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Trusts and Estates
You say you are your parents' heirs, but your saying it doesn't mean anything to HUD.  You have to start a court proceeding to be appointed administrators of your parents' estates.  When you ar eappointed, you will be authorized to obtain the information.
You say you are your parents' heirs, but your saying it doesn't mean anything to HUD.  You have to start a court proceeding to be appointed... Read Answer
It would seem that your only recorse is to sue the lien holder to get them to comply with their contractual obligations.
It would seem that your only recorse is to sue the lien holder to get them to comply with their contractual obligations.
Anybody in the United States getting a green card through marriage fraudulently will be reported to the FBI and will be arrested for a felony and then be deported. 
Anybody in the United States getting a green card through marriage fraudulently will be reported to the FBI and will be arrested for a felony and... Read Answer
Hello.  I will take a look at all the docs (deeds and will) and let you know.  no fee unless i take it
Hello.  I will take a look at all the docs (deeds and will) and let you know.  no fee unless i take it
Tough to come up with a flat fee when I do not know what the paperwork entials, but it would be around $1200 to look at probably
Tough to come up with a flat fee when I do not know what the paperwork entials, but it would be around $1200 to look at probably

Can I file Green Card while I am on TN visa in the US

Answered 4 years and 7 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
A TN visa is not dual-purpose and the TN holder must have nonimmigrant intent. When a TN holder begins to apply for permanent residence, the more chances of having a problem with status occur when the person continues trying to go in and out of the United States and may be questioned by Customs and Border Protection (CBP) when reentering. We suggest to our clients that they curtail their travels during the time of petition/application with USCIS unless they are adjusting status and obtain advance parole documentation. 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
A TN visa is not dual-purpose and the TN holder must have nonimmigrant intent. When a TN holder begins to apply for permanent residence, the more... Read Answer
To apply for your in-laws to live here permanently on immigrant visas, your husband would have to become a US citizen to sponsor them. To apply for them to visit the US, they would have to go through nonimmigrant visa application interviews at the American Consulate overseas. You could help by guaranteeing financial support and that they will leave at the end of their period of visit. Kindly note that visitor visas are given in the discretion of the consular officer. 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 apply for your in-laws to live here permanently on immigrant visas, your husband would have to become a US citizen to sponsor them. To apply for... Read Answer
The H2-B visa allows a family to sponsor a particular caregiver themselves, though the process is more complicated. The visa allows individual employers to hire foreign nationals to fill temporary nonagricultural jobs. In this case, the family sponsoring a caregiver would need to prove that there are not enough US workers who can do the work and that hiring an employee through the H-2B program will not affect the wages and working conditions of similarly employed US workers. The family must also show that their need for the caregiver’s services or labor is temporary as well as provide a valid temporary labor certification from the US Department of Labor (DOL).... Read Answer
The H2-B visa allows a family to sponsor a particular caregiver themselves, though the process is more complicated. The visa allows... Read Answer

Am I Required to pay Alimony if Months After my Wife Leaves me, I Get a HUGE Promotion?

Answered 4 years and 8 months ago by NA roseann@frazeelawgroup.com (Unclaimed Profile)   |   1 Answer
  In a divorce proceeding in California, all parties must disclose their income and debts--a California requirement. Spousal support will be calculated based on both parties' income.  In addition, she appears to have an interest in the house even though you are keeping it.  Therefore, you may have to pay an equalizing payment.  ... Read Answer
  In a divorce proceeding in California, all parties must disclose their income and debts--a California requirement. Spousal support will be... Read Answer