California Recent Legal Answers from Lawyers

  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

Do you know if the attorney has malpractice insurance? Was this something where she missed a statute of limitation's filing deadline ? These cases are difficult because you have to prove first that you would've won the underlying case, and secondly that the attorney committed negligence that was the proximate cause of you not being able to win the underlying case. More information would be needed. Discuss with counsel in a private phone conversation. ... Read Answer

In order to ensure protection against a claim by your spouse, this will require estate planning by your parents.  Simply adding your name to title while they are still alive and while you are married is problematic.  Estate planning can not only help protect against a future divorcing spouse and creditors, but there are also tax benefits to transferring assets through death.   ... Read Answer

The Special Needs Trust typically will have provisions setting forth the conditions and procedure for removing a trustee, and those terms will determine the answer to your question in regards to your stepson.  Typically, in California, a special needs trust beneficiary will need to more than merely state that a trustee should be removed.  The beneficiary may need to provide evidence to support his removal request.  Generally, a trustee can be removed for failing to perform a duty, mismanaging assets or no longer being able to carry out his/her trustee responsibilities.  ... Read Answer

You will have many other questions as you seek to open an e-commerce web site.  In my experience, working with a lawyer as you begin will save you a lot of money in the future.   I have written a legal guide on this site with issues you will need to discuss with an  Internet attorney.  I have placed a link here for your convenience: http://www.avvo.com/legal-guides/ugc/legal-steps-to-opening-a-new-e-commerce-website-app-or-blog   You may want to discuss your situation with a lawyer in more detail. Many lawyers offer a free phone consultation.  ... Read Answer

You file paperwork in the court in which you lost custody requesting a change of custody and/or visitation. Make sure that you have a current drug test. If you don't have the money to hire an attorney, then seek self-help from the Superior Court -- each has a self-help department.   Good luck!  ... Read Answer

I am a family law attorney and have been practicing in that field for over 12 years and then helped attorneys in the field as a paralegal for years. Unfortunately for you, California is a "no fault" divorce state.  In other words, her "indiscretions" are not factors in considering the elements of a divorce.   I'm sorry that you have to pay $5200 a month-- must be for spousal support since your children are now over 18 years old. Perhaps a re-evaluation should be performed since she is working and offsetting the amount you pay.  You don't tell me whether you've been ordered to pay or you are voluntarily paying nor how the amount was calculated.  There are a lot of factors to consider in ordering a monthly payment. California, as a community property state, means that the spouses own the assets on a 50-50 basis.  That means she owns half of everything you own, including your retirement plans. Sorry you are in that situation!      ... Read Answer

First, your parents' "last wishes" may have some moral force with your siblings, but have no legal effect unless they expressed those wishes in a valid will.  Assuming that your parents owned the house jointly (i.e. either as joint tenants or tenants by the entirety, which is usual with married couples) so that the survivor of the two of them would inherit the house upon the other's death, and owned it  outright,( i.e. with no one else on title, the house was not owned by a trust, etc.) and that there was no will. and that all of their children are living, each of their surviving children (assuming they had no children of other relationships) would inherit 1/5 of the house.  This means that you own 1/5 of the house and that your siblings cannot do anything with it without your consent (or a court order).  However, unless California law is different than the law in the states in which I practice, that doesn't give you the right to live there rent free.  As you can see, there are some complex issues here, and you should probbably consult a California lawyer.... Read Answer

Have you signed a contract which requires you to keep the email confidential?  Is there information in the email which is protected by HIPAA or some other statute?  Are you an attorney, doctor, or clergyman who received the communication as part ofthe legal, medical, or religious advice you were providing?  If the answer to these questions is no, there is no legal bar on you disclosing the email. ... Read Answer

It depends on the statute of limitations for this type of claim in the state in which it took place.  The following is from a website id Greene Broillet & Wheeler LLP discussing California law, but other states may be different. Childhood sexual abuse survivors must file a lawsuit by age 40 or within five years of discovering the abuse as an adult. As of January 2020, childhood sexual abuse survivors now have a three-year window to file sexual abuse claims that have previously passed the statute of limitations.   It also may depend on when your stepbrother turned 18, as the limitations period, and the nature of the claims may be different depending on whether he was a minor or an adult at the time of the assault (from what you've written, it seems as if he  was a minor for some of this and an adult for some).  Also, if he was a child at the time of an assault, you may have a claim against his parents/guardians.... Read Answer

I could review the document by the end of the day.  We have more than 40 years of experience in drafting, reviewing, and negotiating these types of contracts.  Member of the California and Nevada Bar Associations and their Entertainment committees.  Minimum fee is $95, but could be higher depending on the length of the contract. My name is Marc Risman.  My contact information is marcrisman@calneva-law.com and (702) 388-8100.  We can communicate about the difference between a manager and an agent and if this agency/person is right for you.  Please be prepared to inform me about the background of this person/agency and what licenses they hold.... Read Answer

I am not aware of any immigration barriers that would keep you from going to Mexico by air and returning. You should of course be aware of all the latest Covid-19 protocols of the two countries. Finally you should check with your attorney to see whether a trip to Mexico and back will actually extend the I-94 that you presently have. 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

If you are interviewing for a F-1 visa at an American embassy or consulate, the chances are that you will have a problem obtaining the visa as it is one that requires nonimmigrant intent. If in the US and you are seeking change of status, the chances are better in our experience. 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

The best thing to do is probably to submit a new petition. While giving in new signature pages only may be okay, you might run into a clerk who does not think so and sends you back the package again. While not harmful (unless you miss the deadline for submission), that would probably be more inconvenient than submitting a new form. 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

Helping to fill out the form does not necessarily mean that you are preparing the form. I believe that it would be up to you as to whether you wish to fill out part 10 or not. 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

My first suggestion would be to back up your personal data and pictures and then re-set your phone to the factory settings.  This should remove any hacker's programs on your phone.   While hacking your phone is a crime, the police tend to ignore these types of crimes and tell the victim it is a civil crime.  It is unusual for the police to get involved.   You should also check all your payment accounts on your phone to make sure they are still secure.   You may want to discuss your situation with a lawyer in more detail. Many lawyers offer a free phone consultation.    ... Read Answer

You don't want to sue these people as you really have no monetary damages to recoup.   You can reset your phone to the original factory settings or you can go to your provider and have them help with the problem.   You may want to discuss your situation with a lawyer in more detail. Many lawyers a free phone consultation. ... Read Answer

Yes, you can press charges against your abuser. Your first step is to file a police report and they will take your witness statement and take any evidence that you collected like DNA samples or other similar Evidentiary samples. In addition, you may have a lawsuit against your abuser for sexual molestation and battery, and a lawsuit against any of his accomplices that allowed the abuse to go on on the theory of negligence. Furthermore, you should document your injuries by seeing on a continuous basis a psychologist or other psychiatric medical professional to work through your issues and to prove that you have suffered emotional distress and mental anguish damages from these occurrences. Discuss your civil case with counsel on contingency fee, which means you don't pay anything unless you win the case. I have many years of experience doing sexual abuse cases in civil court, and I associate with counsel in California on my California sexual molestation cases.  ... Read Answer