California Recent Legal Answers from Lawyers

You file paperwork in the court in which you lost custody requesting a change of custody and/or visitation. Make sure that you have a current drug test. If you don't have the money to hire an attorney, then seek self-help from the Superior Court -- each has a self-help department.   Good luck!  ... Read More

I am a family law attorney and have been practicing in that field for over 12 years and then helped attorneys in the field as a paralegal for years. Unfortunately for you, California is a "no fault" divorce state.  In other words, her "indiscretions" are not factors in considering the elements of a divorce.   I'm sorry that you have to pay $5200 a month-- must be for spousal support since your children are now over 18 years old. Perhaps a re-evaluation should be performed since she is working and offsetting the amount you pay.  You don't tell me whether you've been ordered to pay or you are voluntarily paying nor how the amount was calculated.  There are a lot of factors to consider in ordering a monthly payment. California, as a community property state, means that the spouses own the assets on a 50-50 basis.  That means she owns half of everything you own, including your retirement plans. Sorry you are in that situation!      ... Read More

First, your parents' "last wishes" may have some moral force with your siblings, but have no legal effect unless they expressed those wishes in a valid will.  Assuming that your parents owned the house jointly (i.e. either as joint tenants or tenants by the entirety, which is usual with married couples) so that the survivor of the two of them would inherit the house upon the other's death, and owned it  outright,( i.e. with no one else on title, the house was not owned by a trust, etc.) and that there was no will. and that all of their children are living, each of their surviving children (assuming they had no children of other relationships) would inherit 1/5 of the house.  This means that you own 1/5 of the house and that your siblings cannot do anything with it without your consent (or a court order).  However, unless California law is different than the law in the states in which I practice, that doesn't give you the right to live there rent free.  As you can see, there are some complex issues here, and you should probbably consult a California lawyer.... Read More

Have you signed a contract which requires you to keep the email confidential?  Is there information in the email which is protected by HIPAA or some other statute?  Are you an attorney, doctor, or clergyman who received the communication as part ofthe legal, medical, or religious advice you were providing?  If the answer to these questions is no, there is no legal bar on you disclosing the email. ... Read More

It depends on the statute of limitations for this type of claim in the state in which it took place.  The following is from a website id Greene Broillet & Wheeler LLP discussing California law, but other states may be different. Childhood sexual abuse survivors must file a lawsuit by age 40 or within five years of discovering the abuse as an adult. As of January 2020, childhood sexual abuse survivors now have a three-year window to file sexual abuse claims that have previously passed the statute of limitations.   It also may depend on when your stepbrother turned 18, as the limitations period, and the nature of the claims may be different depending on whether he was a minor or an adult at the time of the assault (from what you've written, it seems as if he  was a minor for some of this and an adult for some).  Also, if he was a child at the time of an assault, you may have a claim against his parents/guardians.... Read More

I could review the document by the end of the day.  We have more than 40 years of experience in drafting, reviewing, and negotiating these types of contracts.  Member of the California and Nevada Bar Associations and their Entertainment committees.  Minimum fee is $95, but could be higher depending on the length of the contract. My name is Marc Risman.  My contact information is marcrisman@calneva-law.com and (702) 388-8100.  We can communicate about the difference between a manager and an agent and if this agency/person is right for you.  Please be prepared to inform me about the background of this person/agency and what licenses they hold.... Read More

I am not aware of any immigration barriers that would keep you from going to Mexico by air and returning. You should of course be aware of all the latest Covid-19 protocols of the two countries. Finally you should check with your attorney to see whether a trip to Mexico and back will actually extend the I-94 that you presently have. 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

If you are interviewing for a F-1 visa at an American embassy or consulate, the chances are that you will have a problem obtaining the visa as it is one that requires nonimmigrant intent. If in the US and you are seeking change of status, the chances are better in our experience. 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 best thing to do is probably to submit a new petition. While giving in new signature pages only may be okay, you might run into a clerk who does not think so and sends you back the package again. While not harmful (unless you miss the deadline for submission), that would probably be more inconvenient than submitting a new form. 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

Helping to fill out the form does not necessarily mean that you are preparing the form. I believe that it would be up to you as to whether you wish to fill out part 10 or not. 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

My first suggestion would be to back up your personal data and pictures and then re-set your phone to the factory settings.  This should remove any hacker's programs on your phone.   While hacking your phone is a crime, the police tend to ignore these types of crimes and tell the victim it is a civil crime.  It is unusual for the police to get involved.   You should also check all your payment accounts on your phone to make sure they are still secure.   You may want to discuss your situation with a lawyer in more detail. Many lawyers offer a free phone consultation.    ... Read More

You don't want to sue these people as you really have no monetary damages to recoup.   You can reset your phone to the original factory settings or you can go to your provider and have them help with the problem.   You may want to discuss your situation with a lawyer in more detail. Many lawyers a free phone consultation. ... Read More

Yes, you can press charges against your abuser. Your first step is to file a police report and they will take your witness statement and take any evidence that you collected like DNA samples or other similar Evidentiary samples. In addition, you may have a lawsuit against your abuser for sexual molestation and battery, and a lawsuit against any of his accomplices that allowed the abuse to go on on the theory of negligence. Furthermore, you should document your injuries by seeing on a continuous basis a psychologist or other psychiatric medical professional to work through your issues and to prove that you have suffered emotional distress and mental anguish damages from these occurrences. Discuss your civil case with counsel on contingency fee, which means you don't pay anything unless you win the case. I have many years of experience doing sexual abuse cases in civil court, and I associate with counsel in California on my California sexual molestation cases.  ... Read More

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 More

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 More

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 More

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 More

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 More