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 6 of lawyers' answers to legal questions about California.

Recent Legal Answers

Can I start an LLC while in the EB3 process

Answered a year and 11 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
While you can start an LLC while on an F-1 student status, you are not authorized to work in it unless you have some type of work authorization. Unauthorized employment would jeopardize your ability to maintain lawful nonimmigrant status or adjust status in the US to permanent residence through form I-485. 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 you can start an LLC while on an F-1 student status, you are not authorized to work in it unless you have some type of work authorization.... Read More

O1 to H1B with I-140 approved (EB1B)

Answered 2 years ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
If you change status to H-1B, your wife should be able to obtain a work permit since you already have an approved I-140 petition. If your H-1B work is along the same lines with the same I-140 petitioner, there should be no impact on your permanent residence. If the H-1B work is with another organization, USCIS may be curious to know whether you actually intend to work for the sponsoring employer upon obtaining your permanent residence. 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 change status to H-1B, your wife should be able to obtain a work permit since you already have an approved I-140 petition. If your H-1B work... Read More
So do you have a question? If you had counsel, and he recovered the policy limits, then it's unlikely that you will be able to pursue further relief if you already signed the settlement agreement. You should have another attorney review the settlement agreement to see if you actually released the at fault driver.... Read More
So do you have a question? If you had counsel, and he recovered the policy limits, then it's unlikely that you will be able to pursue further relief... Read More
OK, a US citizen over 21 can petition his mother and father for their green cards, and they can adjust status here if they entered the United States with permission. If the mother and father are in a foreign country, the child can still petition for them but they will process their cases at the US Consulate overseas. A United States citizen can sponsor his sibling brother, but normally that takes about 12 to 15 years. There is no visa available for a sibling petition until at least 12-15 years passes. As far as your question regarding attorneys fees, some of us charge a very affordable flat rate fee to process the case from start to finish. We cannot solicit your case, pursuant to strict website rules, but you can research our backgrounds and reach out to one of us.... Read More
OK, a US citizen over 21 can petition his mother and father for their green cards, and they can adjust status here if they entered the United States... Read More

For defamation

Answered 2 years and a month ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Education Law
You need to make a motion in the child support case to terminate the support order because the DNA evidence proves that the child is not yours. File the motion with the clerk of court and serve it on your ex girlfriend. Once the Judge reviews the DNA results, the order will be terminated. ... Read More
You need to make a motion in the child support case to terminate the support order because the DNA evidence proves that the child is not yours. File... Read More

What can I do

Answered 2 years and a month ago by Stephanie Elizabeth Emanuel (Unclaimed Profile)   |   1 Answer
Since your former roommate didn't have a will, her estate will be distributed according to California's intestate succession laws. These laws dictate who inherits property when there's no will. As a roommate, you wouldn't be considered an heir under California intestate succession laws unless you were listed as a beneficiary in an undocumented will (not recommended) or had a formal agreement with your roommate regarding inheritance. We can help you understand your rights and options in this situation. * Advise on navigating the probate process if there are no immediate family members. * Guide you through potential legal claims if you believe you have a rightful interest in the property (based on any agreements with your roommate). Reach out for a premium consultation so that we can go over the specifics details of the matter to steer you in the right direction. It's advisable not to take long to take action.... Read More
Since your former roommate didn't have a will, her estate will be distributed according to California's intestate succession laws. These laws dictate... Read More
From what you describe it sounds as though you and your spouse separated when you each walked away and started living separately.  Assuming your injury occurred after the physical separation, your ex would not be entitled to part of your bodily injury claim unless community property was used to pay your expenses related to the injury.  Since you separated so long ago, that seems unlikely.   You may want to consult with a family law attorney.  And you may want to take steps to formalize the divorce at some point so you don't have these lingering questions.... Read More
From what you describe it sounds as though you and your spouse separated when you each walked away and started living separately.  Assuming your... Read More

Should I file a writ

Answered 2 years and a month ago by attorney John F. Bradley, Jr.   |   1 Answer
The award filed with the court is enforceable like a civil money judgment.  The law gives you many tools to use to enforce the judgment. The question then becomes what to do with respect to this particular debtor. You mention employment.  The debtor's wages can be garnished.  You mention a property. That can be subjected to a judgment lien.  Depending on the equity and the specifics it could be levied and even sold. In addition to those possibilities, bank or brokerage accounts can be levied. The debtor can be ordered to appear in court to answer questions about their financial situation. When it comes to judgment enforcement, the creditor has many options and is not limited to one strategy.  ... Read More
The award filed with the court is enforceable like a civil money judgment.  The law gives you many tools to use to enforce the judgment. The... Read More

I made a mistake while filing my n400 form. Need help

Answered 2 years and a month ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
I am not sure that I understand what you have done. The N-400 asks for all names that you have used including nicknames on page 2, part 2, item 3. If you did not disclose a nickname or other name, you can do so at the time of interview as the officer will go over the form with you. I do not know what you mean by “added details under previous name”, but honesty is generally the best policy in immigration interviews. 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 am not sure that I understand what you have done. The N-400 asks for all names that you have used including nicknames on page 2, part 2, item 3. If... Read More

question about H1B I94 end date

Answered 2 years and a month ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
That you received the I-797A with the additional 10 days means that USCIS is correcting the first I-797A to give you the 10 day grace period. Kindly note that you are allowed to stay but not work during a grace period. 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
That you received the I-797A with the additional 10 days means that USCIS is correcting the first I-797A to give you the 10 day grace period. Kindly... Read More
We have always advised that in a situation of I-485 adjustment with an expired I-94, individuals are taking a risk in traveling overseas or near the borders of the United States. While the risk is minimized during the Biden administration as opposed to that of Trump, the risk is still there. 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
We have always advised that in a situation of I-485 adjustment with an expired I-94, individuals are taking a risk in traveling overseas or near the... Read More

how do i appeal a denial in a k1 fiance visa

Answered 2 years and 2 months ago by attorney Stephen Arnold Black   |   1 Answer
An appeal usually ends in denial. You can re file the case again, but it's better to hire a lawyer to represent you so the same mistakes are not made twice. 
An appeal usually ends in denial. You can re file the case again, but it's better to hire a lawyer to represent you so the same mistakes are not made... Read More
If title to the property is in your husbands name, you need to open up a probate in the county where he died. In California, when a person dies without a will and has title to property in his individual name, that property will pass by intestate succession. You as his wife would be able to inherit 50% of the community property and 50% of his separate property. You need to consult with a California probate attorney for more specific advice. ... Read More
If title to the property is in your husbands name, you need to open up a probate in the county where he died. In California, when a person dies... Read More
The US citizen spouse would have to prove that she would suffer "extreme hardship" If USCIS denies her foreign national husband a green card. "Being in love" is not a valid reason to obtain a waiver. The US Citizen spouse should seek the opinion of a medical doctor to establish whether any mental or physical condition would render her reliant on her husband to the point that she would suffer the "extreme hardship" if the waiver was not granted. The waiver application should include opinions from several physicians to establish "extreme hardship", as well as affidavits from friends, family members and/or coworkers, to support the opinion of the physicians in layman terms.... Read More
The US citizen spouse would have to prove that she would suffer "extreme hardship" If USCIS denies her foreign national husband a green card. "Being... Read More

Can I sue this person for recording audio and video in California without consent?

Answered 2 years and 4 months ago by attorney Bianca Babaians   |   1 Answer   |  Legal Topics: Privacy Law
It depends on where the cameras were located. You should look into the contract that you signed when you got hired as a house manager; also, the provision might had been included for the others who are staying at the house. 
It depends on where the cameras were located. You should look into the contract that you signed when you got hired as a house manager; also, the... Read More

personal injury at someone else's property

Answered 2 years and 4 months ago by attorney Mtfre Simon P. Frankel   |   1 Answer
In a personal injury case on someone else's property, liability hinges on premises liability principles. Factors include the owner's duty of care, knowledge of hazards, foreseeability of harm, causation, warnings, and compliance with regulations. The specifics vary by jurisdiction, and legal advice based on the case details is recommended.... Read More
In a personal injury case on someone else's property, liability hinges on premises liability principles. Factors include the owner's duty of care,... Read More

I recently got injured in a slip and fall accident at a grocery store

Answered 2 years and 4 months ago by attorney Mtfre Simon P. Frankel   |   1 Answer   |  Legal Topics: Personal Injury
After a slip and fall in a California grocery store, promptly seek medical attention, document the scene, and report the incident to store management. Preserve evidence and consult with a personal injury attorney. To pursue a claim, establish the duty of care, breach of duty, causation, and damages. California law considers comparative negligence. Seek legal advice tailored to your case for guidance.... Read More
After a slip and fall in a California grocery store, promptly seek medical attention, document the scene, and report the incident to store... Read More
Immigration is a Federal practice, but answering these questions can prove frustrating to some.  If you are married to a U.S. citizen and intend to immigrate, then it will be difficult to overcome the presumption of immigrant intent that is imposed when anyone applies for a non-immigrant F-1 student visa.  As a result, a consular official has a responsibility to deny the visa. If you misrepresent your intentions, and get caught, the bar on lawful immigration can be indefinite. If the consular official has subjective reason to believe that a person is inadmissible, then a non-immigrant F1 visa may be denied as a matter of discretion. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any more complications. Good luck. The above is general information, not legal advice, and does not create an attorney client relationship... Read More
Immigration is a Federal practice, but answering these questions can prove frustrating to some.  If you are married to a U.S. citizen and intend... Read More

us citizen for child

Answered 2 years and 5 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
For a child to be registered as a citizen at a US consulate or embassy, the US citizen parent must be able to prove that he or she was physically in the US for five years, of which at least two had to be after attaining the age of 14 prior to the birth of the child. If you did not meet that requirement, you cannot make up for it at this time. You can alternatively file a petition for your child to enter the US as a permanent resident and if your child is then under 18 and a permanent resident and living in your legal and physical custody, he or she will automatically qualify to become a US citizen. At that point, you or the child can apply for his or her US passport or send an application to USCIS (Form N-600) to obtain a certificate of citizenship. 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
For a child to be registered as a citizen at a US consulate or embassy, the US citizen parent must be able to prove that he or she was physically in... Read More

How do I go about hiring a lawyer for medical malpractice?

Answered 2 years and 5 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More

What do I do

Answered 2 years and 5 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More

How can I appeal to the superior court regarding a Vacant Property Tax Assessment?

Answered 2 years and 5 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More

IM an EX-felon/sex offender but a Ralative needs a full time live-in care giver can I do it

Answered 2 years and 5 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Abuse and Neglect
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More