California Recent Legal Answers from Lawyers

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486 legal questions have been posted about by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
California Recent Legal Answers from Lawyers
Page 16 of lawyers' answers to legal questions about California.

Recent Legal Answers

Can my ex wife request my new wife's medical records for our custody hearing ?

Answered 4 years and 4 months ago by NA roseann@frazeelawgroup.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
No, you ex-wife cannot secure a copy of the present wife's medical records.  She has privacy privilege.
No, you ex-wife cannot secure a copy of the present wife's medical records.  She has privacy privilege.

Repossession or surrender after bk discharged

Answered 4 years and 4 months ago by NA roseann@frazeelawgroup.com (Unclaimed Profile)   |   1 Answer
It depends.  If you listed the car loan in the bankruptcy, then the bankruptcy will cover it for sure.  It also depends on your bankruptcy discharge.  Without reviewing your records, I wouldn't be able to make an accurate assessment.
It depends.  If you listed the car loan in the bankruptcy, then the bankruptcy will cover it for sure.  It also depends on your bankruptcy... Read More

In the state of California, can I pay child support through Venmo?

Answered 4 years and 4 months ago by NA roseann@frazeelawgroup.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
Yes, they should work.  At least you have a record.  Oftentimes, someone pays child support with cash and then has no record.  Good job!
Yes, they should work.  At least you have a record.  Oftentimes, someone pays child support with cash and then has no record.  Good... Read More
That is one of the main problems with getting lifetime medical for your work injury.  The employer/insuranced company still controls your medical treatment.  A possible option is to have the them buy out your future medical to close out your case.  This would allow you to have control over your medical treatment.  However, the insurance company has to agree to this as well.  Please contact me if you want to discuss this further.   Cyrus Chen CCC Law Group 949-888-9807... Read More
That is one of the main problems with getting lifetime medical for your work injury.  The employer/insuranced company still controls your... Read More

Can I sue for pain and suffering for stress in small claims court?

Answered 4 years and 5 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
No a plaintiff cannot recover mental anguish damages in a breach of contract action.    
No a plaintiff cannot recover mental anguish damages in a breach of contract action.    

How concerned should I be? How likely is it that the FBI is going to come with a search warrant?

Answered 4 years and 5 months ago by Andrew Mark Jaffe (Unclaimed Profile)   |   1 Answer
I would be surprised if the authorities would come after someone who never signed in to an account.  In the unlikely event that the authorities do come to your door, do NOT say anything without hiring a lawyer to represent you.
I would be surprised if the authorities would come after someone who never signed in to an account.  In the unlikely event that the authorities... Read More
You are unfortunately caught in a situation that many are experiencing at this time of the inconsistency of USCIS. We have seen many I-130 petition cases which were adjudicated subsequent to your filing in September 2019, and yet have some filed long ago that have not been reached. The processing times put out by USCIS have almost become a running joke as they have little relation to reality. Getting a message that USCIS is actively reviewing the case does not mean a lot, and there are many of these messages sent in which the case is not adjudicated for a year or more. 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
You are unfortunately caught in a situation that many are experiencing at this time of the inconsistency of USCIS. We have seen many I-130 petition... Read More

I-130 petition filed without my knowledge

Answered 4 years and 5 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
I do not see a question in your fact situation, but I am surprised that you have not seen fit to file a petition for your wife even though you have been married over two years. 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 do not see a question in your fact situation, but I am surprised that you have not seen fit to file a petition for your wife even though you have... Read More

Can a misdemeanor charge be withdrawn?

Answered 4 years and 5 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
While I am not a criminal lawyer, it would appear that you are too late to have the charges dropped as probation means that a final judgment has already been made on your daughter’s case. You may wish to consult with a criminal attorney to see if anything can be done at this 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
While I am not a criminal lawyer, it would appear that you are too late to have the charges dropped as probation means that a final judgment has... Read More
sounds like its certianly possible. You should retain a private investigator to track his movements. 
sounds like its certianly possible. You should retain a private investigator to track his movements. 
Yes you can withdraw your joint sponsorship. Get the case number from your son which is the receipt number on the 797 notice of action form, and correspond with USCIS indicating that you want to withdraw your joint sponsorship.
Yes you can withdraw your joint sponsorship. Get the case number from your son which is the receipt number on the 797 notice of action form, and... Read More

How can i get information on a reverse Mortgage after my parents have decease

Answered 4 years and 5 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Trusts and Estates
You say you are your parents' heirs, but your saying it doesn't mean anything to HUD.  You have to start a court proceeding to be appointed administrators of your parents' estates.  When you ar eappointed, you will be authorized to obtain the information.
You say you are your parents' heirs, but your saying it doesn't mean anything to HUD.  You have to start a court proceeding to be appointed... Read More
It would seem that your only recorse is to sue the lien holder to get them to comply with their contractual obligations.
It would seem that your only recorse is to sue the lien holder to get them to comply with their contractual obligations.
Anybody in the United States getting a green card through marriage fraudulently will be reported to the FBI and will be arrested for a felony and then be deported. 
Anybody in the United States getting a green card through marriage fraudulently will be reported to the FBI and will be arrested for a felony and... Read More
Hello.  I will take a look at all the docs (deeds and will) and let you know.  no fee unless i take it
Hello.  I will take a look at all the docs (deeds and will) and let you know.  no fee unless i take it
Tough to come up with a flat fee when I do not know what the paperwork entials, but it would be around $1200 to look at probably
Tough to come up with a flat fee when I do not know what the paperwork entials, but it would be around $1200 to look at probably

Can I file Green Card while I am on TN visa in the US

Answered 4 years and 6 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
A TN visa is not dual-purpose and the TN holder must have nonimmigrant intent. When a TN holder begins to apply for permanent residence, the more chances of having a problem with status occur when the person continues trying to go in and out of the United States and may be questioned by Customs and Border Protection (CBP) when reentering. We suggest to our clients that they curtail their travels during the time of petition/application with USCIS unless they are adjusting status and obtain advance parole documentation. 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 TN visa is not dual-purpose and the TN holder must have nonimmigrant intent. When a TN holder begins to apply for permanent residence, the more... Read More
To apply for your in-laws to live here permanently on immigrant visas, your husband would have to become a US citizen to sponsor them. To apply for them to visit the US, they would have to go through nonimmigrant visa application interviews at the American Consulate overseas. You could help by guaranteeing financial support and that they will leave at the end of their period of visit. Kindly note that visitor visas are given in the discretion of the consular officer. 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
To apply for your in-laws to live here permanently on immigrant visas, your husband would have to become a US citizen to sponsor them. To apply for... Read More
The H2-B visa allows a family to sponsor a particular caregiver themselves, though the process is more complicated. The visa allows individual employers to hire foreign nationals to fill temporary nonagricultural jobs. In this case, the family sponsoring a caregiver would need to prove that there are not enough US workers who can do the work and that hiring an employee through the H-2B program will not affect the wages and working conditions of similarly employed US workers. The family must also show that their need for the caregiver’s services or labor is temporary as well as provide a valid temporary labor certification from the US Department of Labor (DOL).... Read More
The H2-B visa allows a family to sponsor a particular caregiver themselves, though the process is more complicated. The visa allows... Read More

Am I Required to pay Alimony if Months After my Wife Leaves me, I Get a HUGE Promotion?

Answered 4 years and 6 months ago by NA roseann@frazeelawgroup.com (Unclaimed Profile)   |   1 Answer
  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 More
  In a divorce proceeding in California, all parties must disclose their income and debts--a California requirement. Spousal support will be... Read More
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 More
Do you know if the attorney has malpractice insurance? Was this something where she missed a statute of limitation's filing deadline ? These cases... Read More

Does my home have to show my living trust name as the owner?

Answered 4 years and 6 months ago by Penelope Park Bergman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes - titling the property into the trust is a critical and necessary step to avoiding probate court.  If the title is left in your name, your loved ones will need to petition the probate court to get title transferred into the trust, which will cost far more than $500.
Yes - titling the property into the trust is a critical and necessary step to avoiding probate court.  If the title is left in your name, your... Read More

CA separate VS community property and parent inheritance

Answered 4 years and 6 months ago by Penelope Park Bergman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
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 More
In order to ensure protection against a claim by your spouse, this will require estate planning by your parents.  Simply adding your name to... Read More

Can my step-son remove me as a trustee for no reason if my wife passes away??

Answered 4 years and 6 months ago by Penelope Park Bergman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts and Estates
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 More
The Special Needs Trust typically will have provisions setting forth the conditions and procedure for removing a trustee, and those terms will... Read More

I have a film Studio im trying to start up and I need to know info regarding LLC stuff and legal coverage by area

Answered 4 years and 6 months ago by Andrew Mark Jaffe (Unclaimed Profile)   |   1 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 More
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... Read More