California Recent Legal Answers from Lawyers

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California Recent Legal Answers from Lawyers
Page 18 of lawyers' answers to legal questions about California.

Recent Legal Answers

Is there anything I can do?

Answered 4 years and 9 months ago by attorney Jeffery J. Czech   |   1 Answer
Is there a way for you to buy the others out so you own yourself?  This may be obvious, but it is really the only other thing that can be done outside of a sale, which they can force upon you with a "Partition" action (a lawsuit).  You can do the same-force a sale that is- and requesst that they pay you all of the moneys you spent on upkeep.  But since they want to sell anyway, I suggest you simply try to work it out because adding a lawyer to this would drain equity fast.... Read Answer
Is there a way for you to buy the others out so you own yourself?  This may be obvious, but it is really the only other thing that can be done... Read Answer
This kind of review and exemption report would not be something that your workers compensation insurance would pay for, as it's not directly related to your injury. That's likely why your work comp doctor will not do it, as they won't get paid. You will need to have your own private doctor write this kind of exemption report, or pay a different private doctor to do it.... Read Answer
This kind of review and exemption report would not be something that your workers compensation insurance would pay for, as it's not directly related... Read Answer
There is no exact timeline, as workers compensation is typically your exclusive remedy unless there was additional negligence by a third party or the employer didn't have insurance coverage. Sometimes it's immediately apparent based on the facts, sometimes it can take months to find out there is no coverage. It all really depends on far more details that you will need to discuss with a attorney in detail. If you aren't happy with your work comp attorney you can always switch to a new one with no increase in fees. We all give free consults and take cases all over California... Read Answer
There is no exact timeline, as workers compensation is typically your exclusive remedy unless there was additional negligence by a third party or the... Read Answer
Yes you still have a workers compensation case and should consult with a work comp attorney. The employer will be liable for your injury, including any increase on the injury due to their delay and failure to follow the rules. While taken off work you may be entitled to temporary disability benefits at 2/3rds of your wages, and once recovered you may be entitled to permanent disability settlement amount and future medical care for your shoulder for the rest of your life. Best to call one of us on Lawyers.com that handles work comp to help you through this complicated process. We all give free consults and fees are low at 15%. Wishing you all the best... Read Answer
Yes you still have a workers compensation case and should consult with a work comp attorney. The employer will be liable for your injury, including... Read Answer
If you feel that you are the victim of discrimination based on national origin, ethnicity, skin color, religion, disability, gender, sexual orientation, or age, then you may bring a claim against Disneyland, but you first have to file an EEOC complaint, you should retain counsel to explore all the facts of your case to see if there is any grounds for discrimination.   ... Read Answer
If you feel that you are the victim of discrimination based on national origin, ethnicity, skin color, religion, disability, gender, sexual... Read Answer

So I didnโ€™t do reaffirmation I can give the car back, but I have to pay the balance? So confused?

Answered 4 years and 9 months ago by William Eugene Maddox, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
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You do not have to pay the balance if you did not sign a reaffirmation agreement.  You just give the car back and you are done.  
You do not have to pay the balance if you did not sign a reaffirmation agreement.  You just give the car back and you are done.  

Just received a letter in the mail โ€œnotice to professionals to file applications for compensationโ€œ What does this mean?

Answered 4 years and 9 months ago by William Eugene Maddox, Jr. (Unclaimed Profile)   |   1 Answer
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You should be able to ask your attorney questions regarding anythign you receive from the court on your case, if you used an attorney to file.  Without seeing the notice, I would say it is notice for the trustee or someone the trustee employed in your case to file an application for compensation since it appears as though your case had assets.  ... Read Answer
You should be able to ask your attorney questions regarding anythign you receive from the court on your case, if you used an attorney to file. ... Read Answer
You should discuss the facts of this case in a free private phone conversation with counsel. There may be several remedies that you can seek. In addition to filing a civil restraining order against your abuser, you may file a lawsuit against both your perpetrator and any other person who knew or should've known about the misconduct and failed to take actions to stop it. My co-counsel is licensed in California    Stephen Black, Esq.  (407) 581-2581... Read Answer
You should discuss the facts of this case in a free private phone conversation with counsel. There may be several remedies that you can seek. In... Read Answer
It sounds like you do not need to probate.  If the property was held in joint tenancy with your deceased sister, you and the surviving sister(s) own the house together; automaticaly.  Give me a call or drop me a line if you need more assistance.
It sounds like you do not need to probate.  If the property was held in joint tenancy with your deceased sister, you and the surviving sister(s)... Read Answer
I have handled similar matters as yours, but I need more details. Is there/has there been a probate proceeding?  Was there a trust? Please contact me to discuss.  I can likely help you
I have handled similar matters as yours, but I need more details. Is there/has there been a probate proceeding?  Was there a trust? Please... Read Answer

What should I do?

Answered 4 years and 9 months ago by Penelope Sue Park (Unclaimed Profile)   |   1 Answer
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The Will does not apply because your father designated you as the beneficiary on the IRA account.  The Will only applies to assets that remain in your father's estate after all non-probate transfers occur.  Yes, you should either open an account or contact an independent financial advisor and accountant to consider all other options for rolling the asset over to another institution.  Please consult with an Estate Planning attorney to do a comprehensive evaluation of your father's entire estate and your unique situation.   Best of luck.... Read Answer
The Will does not apply because your father designated you as the beneficiary on the IRA account.  The Will only applies to assets that... Read Answer

How to prepare a note for a friend.

Answered 4 years and 9 months ago by attorney Bruce Robins   |   1 Answer
You can write whatever note you want, but if anyone contests your friend's ownership of the property you leave, the note won't be worth the paper it's written on.  If you want your friend to inherit your property after you die, you have to so provide in a validly executed will.  Alternatively, you could prepare an instrument giving it to him now but retaining a life estate for yourself, but that is probably a bigger hassle than simply preparing and executing a will.... Read Answer
You can write whatever note you want, but if anyone contests your friend's ownership of the property you leave, the note won't be worth the paper... Read Answer
I assume that you and your son's ex are tenants in common, not partners, and that you are using the term "partner" is the colloquial sense.  Your son's ex cannot simply sell real property that she owns as a tenant in common with another.  If one tenant in common wants to sell and  the other doesn't, and tthey can't work something out, all she can do is sue for partitiion.  In a partition action it is theoretically possible that a court could order the place sold and the proceeds split, but you haven't written anything in your question that makes that appear likely.... Read Answer
I assume that you and your son's ex are tenants in common, not partners, and that you are using the term "partner" is the colloquial sense. ... Read Answer

Is there a way to check if your i-140 was filed with premium processing or not?

Answered 4 years and 9 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
USCIS sends out an email notification receipt as soon as it receives the premium processing request. You can ask your lawyers to show you a copy of that receipt. I note that premium processing is not a guarantee that the case will be approved immediately within 15 calendar days. Within that time, a case can be approved, denied, or a request for evidence (RFE) issued. If an RFE was issued within the 15 calendar days, perhaps your attorneys had to fight through and respond to the RFE before having your case approved. 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
USCIS sends out an email notification receipt as soon as it receives the premium processing request. You can ask your lawyers to show you a copy of... Read Answer

Change of visa status from F1 to B2 during covid

Answered 4 years and 9 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
I will assume that you are talking about a change of status in the United States, that you are in the US with F-1 status, and are inquiring about a change of status to B-2 with USCIS. The closing of consulates and embassies has no effect upon the work of USCIS. When the agency adjudicates a change of status, it does not give a visa – it gives a piece of paper (form I-797) notating the change. The change of status is good during the period of time given or your departure from the United States, whichever is the sooner event. 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 will assume that you are talking about a change of status in the United States, that you are in the US with F-1 status, and are inquiring about a... Read Answer
According to California Community Proprrty laws, you each have 50% interest in all assets obtained and debts incurred during marriage, assuming there is no prenuptial or premarital agreement between you and your husband stating otherwise. Generally, you do not have to return the money spent during marriage whether the source is through pension, wages, salary or other means. I hope this answers your questions. However, l suggest that you consult with an attorney to get more specific answers that will apply to your case. You May contact our office to schedule a telephonic consultation. ... Read Answer
According to California Community Proprrty laws, you each have 50% interest in all assets obtained and debts incurred during marriage, assuming there... Read Answer
If you have enough evidence, you can force your daughter through a court order to sign title back to your name.  Emails, texts, etc might show intent of the transfer.  But, if the intent of the transfer to your daughter was to avoid creditors, the court might deem you to have "unlcean hands" and not allow you to take the property back.  It is an evidentiary issue.... Read Answer
If you have enough evidence, you can force your daughter through a court order to sign title back to your name.  Emails, texts, etc might show... Read Answer

interspousal grant deeds, who is responsible for the loan on the house

Answered 4 years and 9 months ago by Gerald Lewis White (Unclaimed Profile)   |   1 Answer
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No, transferring title to the property does not relieve your personal liablity to pay the loan.  
No, transferring title to the property does not relieve your personal liablity to pay the loan.  

What type of Lawyer do I need and where do I start?

Answered 4 years and 9 months ago by Gerald Lewis White (Unclaimed Profile)   |   1 Answer
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You don't need a lawyer to sue him in small claims court which is the most efficient way to get a judgment against him.  With a judgment you can levy upon his wages if he's employed.
You don't need a lawyer to sue him in small claims court which is the most efficient way to get a judgment against him.  With a judgment you can... Read Answer
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You have the right to redeem the collateral by paying the creditor the value  of the collateral or the balance you owe, whichever is less, in a single lump sum payment.  If you surrender the collateral they have no right to collect any amount from you since your personal liability was discharged.... Read Answer
You have the right to redeem the collateral by paying the creditor the value  of the collateral or the balance you owe, whichever is less, in a... Read Answer
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No.  The discharge prohibits any action to collect the debt from you personally.  The creditor only retaians the right to collect the balance from the collateral.
No.  The discharge prohibits any action to collect the debt from you personally.  The creditor only retaians the right to collect the... Read Answer
So technically in every lease there is a implied covenant of quiet enjoyment and an implied covenant of good faith and Fair dealing. This act would be something that Could breach that covenant because it is pretty disturbing, and it also disturbs your right to be left alone with your own personal property and privacy, so if you do so desire you could bring an action to evict her if you signed a lease with her. ... Read Answer
So technically in every lease there is a implied covenant of quiet enjoyment and an implied covenant of good faith and Fair dealing. This act would... Read Answer
If mom knew and failed to put an end to the sexual abuse, then her homeowners insurance policy ,in effect at the time of the incidents, would most likely pay out the policy limits which could be in the hundreds of thousands of dollars. My co-counsel is in California. Would love to discuss your case on the phone. Feel free to call anytime. 407-581-2581   OK if you were raped by your stepfather, and your mother was well aware of that fact, then your mother could potentially be exposed to civil liability and your stepfather could be exposed to both civil and criminal liability. You should discuss your case with counsel on a possible contingency fee basis, which means you don't pay anything unless you win. The statue of limitations may become an issue, but because you are a minor there is a period of time in which it is tolled or in laypersons terms ,suspended, until you reach the age of majority. But I would not hesitate to discuss this case with a private attorney in a private phone conversation. Who owned the home that you were raped in? and when did the last rape incident occur?... Read Answer
If mom knew and failed to put an end to the sexual abuse, then her homeowners insurance policy ,in effect at the time of the incidents, would most... Read Answer

Vaccination mandate as condition of employment for San Mateo County

Answered 4 years and 9 months ago by attorney Toni Yolanda Long   |   1 Answer   |  Legal Topics: Labor and Employment
The mandate is completely legal.  Your GF has the option of getting the vaccine or being subject to regular tests.  This is a public safety issue.  The vaccine has been approved by the FDA.  The vaccine is safe.  If she does not want the vaccine, she can be tested or find another job.  Very simple. ... Read Answer
The mandate is completely legal.  Your GF has the option of getting the vaccine or being subject to regular tests.  This is a public safety... Read Answer

Visitation

Answered 4 years and 9 months ago by NA roseann@frazeelawgroup.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I'm confused too.  You should return to court and request a "minute order" issued at the last hearing which should clarify the judge's orders.
I'm confused too.  You should return to court and request a "minute order" issued at the last hearing which should clarify the judge's orders.