California Recent Legal Answers from Lawyers

It appears that your son is well-adjusted and you know how to handle him.  Other than a "disturbing mood," I do not see any "damages" from your story, i.e., did he have to go to the hospital, does he require more therapy, OR are you the one damaged, OR was there any physical injuries.   In other words, did you have to expend any "out-of-pocket" money for his care and recovery?  If not, then you have no case to be filed in court.  This world is not perfect and things happen which may be no one's fault.  You should be lucky your son was not injured.... Read Answer

Of course, you can take your children to another state for a visit.  However, I would suggest that you try to convince your husband that he should grant you permission.  That is probably good for your children.  Without knowing his reasoning, I cannot commit on his reasons.  Good luck!... Read Answer

Child Support can become very complex.  If you are living together and he is paying expenses, then he should not have to pay child support even at this time.  I would recommend you get married again, enjoy each other and your children together.  That's more important for your children.  You can enter into an agreement making all the agreements in your divorce void and unenforceable.  Just make sure that you can take care of California Child Support Services requirements if California Child Support Services is involved.  I wish you the best... Read Answer

Nobody. "Pressing charges" occurs in criminal cases, which are investigated by the police and prosecuted by a government prosecuting attorney. You would bring your complaint to the police. You could also bring a civil suit against your son, but you would babe to pay for that yourself. ... Read Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer