California Recent Legal Answers from Lawyers

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California Recent Legal Answers from Lawyers
Page 14 of lawyers' answers to legal questions about California.

Recent Legal Answers

The benefits that accompany the additional security provided by the Mechanic's lien laws require strict compliance with the requirements to achieve these goals. Your timing on the need to file a lawsuit to perfect the lien filed is accurate. Unless you are an individual, you will need legal representation to do so. We would highly recommend you immediatly contact an attorney who is familiar with the requirements to determine what steps (and when) you need to take them. We are available for consultations to provide you the necessary insight for your immediate problem and how to deal with similar issues in the futurte.... Read More
The benefits that accompany the additional security provided by the Mechanic's lien laws require strict compliance with the requirements to achieve... Read More
More information is needed.  Did your father notify the Department of Motor Vehicles that upon his death the car should go to you?  Are you the only child?  If so, the car will become yours, but probate must be initiated.  What is the home worth? What is the amount of the mortgage?  If there is equity you better begin probate ASAP to protect it from a foreclosure sale.... Read More
More information is needed.  Did your father notify the Department of Motor Vehicles that upon his death the car should go to you?  Are you... Read More
You can hire anyone you want no matter what charges someone has. This is at your discretion. 
You can hire anyone you want no matter what charges someone has. This is at your discretion. 

Green card question

Answered 4 years and 2 months ago by attorney Kevin L. Dixler   |   1 Answer   |  Legal Topics: Immigration
This is unfortunate, but the decision to remain in the U.S., rather than living with him for better or worse in his country while awaiting the visa may have had some impact on the relationship. It is too easy for an American or foreign spouse to lose interest and go astray. Hindsight may seem 20/20, but it is always best to consider the K-1 fiance visa over the marriage based visa before marriage due to these sorts of consequences.  You reserve much more power!   Over thirty years, the most challenging tragedies are the potential clients who come to an attorney, too late.  You really should find out about 'the other 'potential consequences' of this decision and try to avert them, if possible. Too many applicants end up being 'poster children' for why they should have hired a competent, experienced, and ethically considerate immigration attorney to provide legal and practical advice before filing any visa petition.  Good luck.... Read More
This is unfortunate, but the decision to remain in the U.S., rather than living with him for better or worse in his country while awaiting the visa... Read More

Two people on title for the house

Answered 4 years and 2 months ago by attorney Jeffery J. Czech   |   1 Answer   |  Legal Topics: Real Estate
If the parties cannot agree, then one has to file for a  Partition action to force a sale.  They can collect "rent" pending the sale and force the other side to pay half of the attorney fees
If the parties cannot agree, then one has to file for a  Partition action to force a sale.  They can collect "rent" pending the sale and... Read More

property boundary dispute

Answered 4 years and 2 months ago by attorney Jeffery J. Czech   |   1 Answer
Hello.  Does your neigbor have any documentation or is she claiming she owns it because she used it for so long?  If you beleive this strip of land is your land and is worth fighting over, then you will have to "quiet title" to the strip by filing a suit and seeking an order from the court that this strip belongs to you.  I have done quite a few of these, but they can get expensive because you may have to hire an surveyor.  It also depends upon whether you purchased your house with or without knowledge of her claim to the strip.  We can talk more if you want.  Obviously i need more facts.... Read More
Hello.  Does your neigbor have any documentation or is she claiming she owns it because she used it for so long?  If you beleive this strip... Read More

No Name on Birth Certificate

Answered 4 years and 2 months ago by attorney Kevin L. Dixler   |   1 Answer   |  Legal Topics: Immigration
This may cause more challenges for the U.S. Passport Agency, where the State, not the county, will issue the amended birth certificate.  State birth certificates are often issued for foreign born adopted children, as well, some of which were never properly petitioned by the adopting parents. You should discuss the name change with a family law attorney, perhaps, after discussing this with an attorney who is more aware of whih type of birth certificate the court will issue.  where you want to go through with it.... Read More
This may cause more challenges for the U.S. Passport Agency, where the State, not the county, will issue the amended birth certificate.  State... Read More

Can I get a visa after applying to political asylum?

Answered 4 years and 2 months ago by attorney Kevin L. Dixler   |   1 Answer   |  Legal Topics: Asylum
Perhaps, but you may want to seek an employment authorization card, which allows you to lawfully work in the U.S., where the clock was not stopped due to a missed appointment or other issues.
Perhaps, but you may want to seek an employment authorization card, which allows you to lawfully work in the U.S., where the clock was not stopped... Read More
Andrew M. Jaffe Attorney at Law 2375 Covington Rd, Suite 315 Fairlawn, Ohio 44313-4358 (330) 983-4842 attorneyjaffe@aol.com   www.LawyerJaffe.com The issues here is just too involved for a general legal answer.   You will want to discuss your situation with a lawyer in more detail. Many lawyers offer a free phone consultation.... Read More
Andrew M. Jaffe Attorney at Law 2375 Covington Rd, Suite 315 Fairlawn, Ohio 44313-4358 (330)... Read More
Generally, if you had permission from the vehicle owner to drive the vehicle, you should be covered under the policy. The insurance company will be able to tell you if it accepted coverage for the accident. If not, contact a lawyer. 
Generally, if you had permission from the vehicle owner to drive the vehicle, you should be covered under the policy. The insurance company will be... Read More

how can I Change marital status with USCIS

Answered 4 years and 2 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
The change of name should not affect your petition for your daughter. As the case is sitting at the NVC at this time, you can notify the NVC of your name change with a copy of your marriage certificate. You do not have to do anything with USCIS as your daughter’s case is no longer in its offices. 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
The change of name should not affect your petition for your daughter. As the case is sitting at the NVC at this time, you can notify the NVC of your... Read More

I751 filed jointly then divorce?

Answered 4 years and 2 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
In my opinion, your immigration status is likely okay. You filed for the I-751 while you were still living together, you did not begin a divorce action until five months later, you never received an RFE or interview notice, and you received the green card before the divorce was finalized. I do not believe that you had an affirmative duty to tell USCIS during the time the petition was pending that you were initiating divorce proceedings. 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
In my opinion, your immigration status is likely okay. You filed for the I-751 while you were still living together, you did not begin a divorce... Read More

How come my mom was denied a re entry visa?

Answered 4 years and 2 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
A reentry permit must be applied for while the applicant is in the United States. Since your mother is overseas, she has choices of trying to apply for a special immigrant visa with the American Embassy or boarding a plane back to the US and explaining with documents her situation to Customs and Border Protection at the port of entry. Immigration lawyers by and large suggest the second course of action since it appears to be more difficult to obtain a special immigrant visa. 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
A reentry permit must be applied for while the applicant is in the United States. Since your mother is overseas, she has choices of trying to apply... Read More

I was hit in the face bye a costumer at a place that I work

Answered 4 years and 2 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Labor and Employment
You can file a workers comp claim against your employer and get benefits under the employers insurance plan. Also you can File a police report against the person that assaulted you so that he is prosecuted for the crime he committed. Normally a judge in the criminal case will force the defendant to pay you restitution in the form of medical bills etc. etc. You could always sue the perpetrator, but he probably doesn't have any assets for you to go after. Additionally, you can file a claim with the California victims compensation fund and they may be able to also help pay your medical bills.... Read More
You can file a workers comp claim against your employer and get benefits under the employers insurance plan. Also you can File a police report... Read More
It could be because the current political climate in California is going very soft on criminals as opposed to how criminals were treated in the past. I would contact the prosecutors office and demand a sit down meeting to go over your case.
It could be because the current political climate in California is going very soft on criminals as opposed to how criminals were treated in the past.... Read More

Question regarding joint ownership when 2 of the 3 owners pass away with no will

Answered 4 years and 2 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer
It all depends on how title was held.  If it was held as joint tenants, then you now own the property all by yourself.  If it was held as tenants in common, or if it was silent, then the beneficiaries of their estate become partners with you.  I would need to see exactly how title was held in order to give you better advice.... Read More
It all depends on how title was held.  If it was held as joint tenants, then you now own the property all by yourself.  If it was held as... Read More
Hi, You are now responsible for protecting the assets of the trust for the trust's beneficiaries.  You need to pay the insurance, taxes, mortgages, utilites, etc.  You probably have the right to sell the homes as well.  I would need to see the trust to give you better adivce.... Read More
Hi, You are now responsible for protecting the assets of the trust for the trust's beneficiaries.  You need to pay the insurance, taxes,... Read More
If you have full custody, you can request a move away order from the court. You need to file a Request for Order for a move-away. As long as the move is not detrimental to the child, the court will grant your motion. 
If you have full custody, you can request a move away order from the court. You need to file a Request for Order for a move-away. As long as the move... Read More
No. Everything you have earned post-separation is yours. Just make sure you don't comingle your earnings (combine it) with assets or accounts that you both owned during the marriage.    File for child support. You can go to Child Support Services in the county you live in. You can visit the website for child support, they have a child support calculator where you can enter your income, his income and the percentage of custody he has (In this case ZERO) and you will get a guideline amount of how much he would have to pay you for Child Support.   Or you can hire a competent family law attorney that can assist you in obtaining a divorce, custody and child support.  ... Read More
No. Everything you have earned post-separation is yours. Just make sure you don't comingle your earnings (combine it) with assets or accounts that... Read More

Am I innocent

Answered 4 years and 2 months ago by attorney Stephen Arnold Black   |   1 Answer
OK there Are a lot of scams going on around the world like the one that you have been ensnared in. There is no girl, there is no FBI agent, and there won't be any police investigation. This is a total scam. Don't communicate with the "alleged" female anymore, or return any more phone calls or emails. Just completely ignore them and they'll go away.... Read More
OK there Are a lot of scams going on around the world like the one that you have been ensnared in. There is no girl, there is no FBI agent, and there... Read More

Do I have any chance of saving my own home or do I have to move they are forceing me out of my own house

Answered 4 years and 2 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer
Was your mother the only owner of the home?  Was it owned by her with your father?  What does the will say?  Start by seeing who owned the property before she passed, and what the terms of the will are.
Was your mother the only owner of the home?  Was it owned by her with your father?  What does the will say?  Start by seeing who owned... Read More

If I have a full reconveyance, can the property be sold at a foreclosure auction?

Answered 4 years and 2 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
Very strange.  If your submitting all the paperwork to this company does not resolve the matter, you might have to discuss the matter with the people involved with the foreclosure, and if that doesn't work, you will have to file a lawsuit to quiet title.
Very strange.  If your submitting all the paperwork to this company does not resolve the matter, you might have to discuss the matter with the... Read More

Probate without a will

Answered 4 years and 2 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer
I am sorry for your loss.  You have not asked a question, but I assume you want to know what to do with his belongings and property.  If his belongings are in a trust that he created, the terms of the trust control.  If there is a will, or there is no will, you will have to go to probate court, unless it is a very small estate.  I will need more information in order to help you.... Read More
I am sorry for your loss.  You have not asked a question, but I assume you want to know what to do with his belongings and property.  If... Read More

How soon should probate be filed?

Answered 4 years and 3 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer
By now he should have a certified copy of the death certificate so there is no reason for a delay.  Best of luck.
By now he should have a certified copy of the death certificate so there is no reason for a delay.  Best of luck.

am i married without knowing never have been or my spouse ive been with for 18 years

Answered 4 years and 3 months ago by Andrew Mark Jaffe (Unclaimed Profile)   |   1 Answer
This is not an Internet question.   You will want to discuss your situation with a Family law lawyer in more detail.  Many lawyers offer a free phone consultation.
This is not an Internet question.   You will want to discuss your situation with a Family law lawyer in more detail.  Many lawyers... Read More