California Recent Legal Answers from Lawyers

OK so the first thing you should do is to turn the matter over to your automobile insurance carrier. They will defend the action as well as provide coverage in case the case is tried to verdict or it settles before that. As far as who is at fault for the accident, you would have to read the police report, and any witness statements that are attached there too. As a party to a car accident, you have the right To get a copy of the police report.... Read More

There are a lot of important facts missing from your question. The first questions that should be answered are: Which Chapter of bankruptcy did you file?  If it was a Chapter 7 case, did the Trustee administer any assets?    If it was a Chapter 7 and no assets were administered (which is the case 95% of the time), and assuming you received your discharge, and the debt you state was left off was a dischargeable debt (for example,  a debt not incurred through fraud or a student loan, or recent tax debt), then the debt was discharged. In this case, even if it was your attorney's fault that the debt was omitted, there are no damages because the debt was discharged. If you filed a Chapter 13 or 11 case, or if your Chapter 7 case had assets administered, then the debt would not have been discharged.    Neither I nor anyone else on here can make a determination about whether this constitutes malpractice since I do not have all the facts as to why it was omitted.   However, you presumably signed your bankruptcy papers (under penalty of perjury) and, assuming the attorney provided you the papers to sign, the omission of the creditor is at least as much your fault as it is the attorney's.  ... Read More

Yes you should file a legal malpractice case against him. Hopefully he has insurance coverage, and if he does the insurance company will most likely negotiate a settlement. You need to retain Consel immediately so that you can file a claim. Your case would be strong if the underlying action has strength. So discuss in detail with counsel About your case in a private phone call. Some of us take these cases on contingency fee, which means you don't pay anything unless you win.... Read More

Yes you may be able to file suit against him. If he owns a home, there is a chance that there will be a source of recovery based Upon the facts and circumstances of the case. You should retain counsel in California for representation on contingency fee, which means you don't pay anything unless you win.... Read More

OK so if the passport is in your name and you are over the age of majority, then there is no lawful right that your parents have to confiscate something that belongs to you. If they have taken this without your permission, that is a crime, and you could contact the Police department and file a police report. If that legal step does not result in anything, then you could file a lawsuit in court to have them return what they have wrongfully taken from you. This would require you to file an action in Municipal Court in California for a writ of replevin, to return an item of personal property that has been wrongfully taken. In your lawsuit in addition to recovering your passport, you could also ask the court for attorneys fees, Court costs, and any damages that you have incurred like motel and airplane fees expended for travel that cannot be refunded.... Read More

A foreign national wanting to visit the USA needs to qualify for a visitor visa based on documents that show he intends to return after the visit, such as 1. tax returns showing stable emloyment, 2. a letter from his employer 3. pay stubs and 4. evidence of ownership of property like a deed of trust. ... Read More

Yes, you most likely have a claim against the restaurant for negligent hiring retention and supervision. The employer will be vicariously liable for your damages caused by the employees assault if that assault occurred during the course and scope of his employment. You should discuss the details of your injury with counsel for possible contingency fee representation.... Read More

Unrepresented parties are not taken seriously by insurance companies. Additionally, there's a subrogation lien on your settlement proceeds by any medical provider the treats you arising out of these injuries. Those liens need to be paid. Did you suffer any injuries? Did you Seek medical attention?... Read More

Under the last action rule, the last action counts as the final action of USCIS, so what the legal team appears to be telling you is that there may be an issue since your H-1B with validity until 12/12/20 was approved in December 2020 after your H-4 extension application with validity until October 2021 was approved earlier in June 2020. Technically, your status is H-1B with an expiration date in December 2020. Hopefully, USCIS will just let it go when it processes your employer's H-1B petition. In looking at the fact situation, it appears that USCIS should either have approved the change of status application in June 2020 before it approved your H-4 extension, or it should not have made the later adjudication since it must have tacitly approved the change of status request in June 2020 to even give you the extension. 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 More

Generally speaking, a green card holder petitioning for unmarried sons and daughters over the age of 21 under the F-2B category would disadvantage the sons and daughters upon naturalization since the F-11 category for unmarried sons and daughters of US citizens has a longer wait. That being said, the siblings are allowed by law to select which category they wish to belong to before they are interviewed. They can either notify USCIS directly, or depending upon where their cases are at, the National Visa Center or American consulate if they wish to retain the F-2B category. In the event that the children are under the age of 21, there is no disadvantage in all in your mother’s becoming a US citizen in terms of waiting 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 More

I assume that the Nepali document is one that is essential for the process of petitioning for your mother, such as your birth certificate. If so, you would have to account for the variation in birth dates between that document and your citizenship paper. Hopefully, you will be able to find evidence to reasonably explain the difference in birth dates. 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 More

Based on the information you provided, the statute of limitations may have expired on any claims you have. If you were to pursue this, you can sue them in the US (California) and the courts will sort out of that is the proper venue.  However, you need to speak with an attorney and get advice on whether you have a viable claim.   Good luck!... Read More

You quit your job and thus no longer have rights as it relates to any stress the job may have caused you.  There is notihng left for you to do.  You cannot file a worker's comp claim as you're no longer employed there.  Not sure how you plan to return to work for a job you quit over a year ago. Good luck.  ... Read More