California Recent Legal Answers from Lawyers

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California Recent Legal Answers from Lawyers
Page 8 of lawyers' answers to legal questions about California.

Recent Legal Answers

Dealing with Challenges Posed by an Aging General Manager: Legal Guidance Needed

Answered 2 years and 9 months ago by Arlo Garcia Uriarte (Unclaimed Profile)   |   1 Answer
As an employer in California, you have a duty to reasonably accomodate your GM.  Go through this process with him.  The area of age and disability discrimination is very technical and you will be well advised to seek an attorney (employment defense attorney) to help you through this process.  You can also call the California Civil Rights Department. https://calcivilrights.ca.gov/contactus/    ... Read More
As an employer in California, you have a duty to reasonably accomodate your GM.  Go through this process with him.  The area of age and... Read More
A United States citizen can sponsor his stepmother and his father for a green card if the marriage between the stepmother and the father occurred before the US citizens 18th birthday.     
A United States citizen can sponsor his stepmother and his father for a green card if the marriage between the stepmother and the father occurred... Read More

What happens with this 401k?

Answered 2 years and 10 months ago by Chris Truc Nguyen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If your mother did not die within "120 hours" of your father, then it would still go to her as the primary beneficiary. When she passed away, that is just another one of her assets (the inherited-401(k)) that would need to be divided to HER "heirs" or "divisees." ("heirs" for people dying intestate/without a will, "divisees" if she had a will or trust in place). ... Read More
If your mother did not die within "120 hours" of your father, then it would still go to her as the primary beneficiary. When she passed away, that is... Read More

May I dismissed an auto loan in a chapter 7 bankruptcy?

Answered 2 years and 10 months ago by Chris Truc Nguyen (Unclaimed Profile)   |   1 Answer
The deficiency balance (the "leftover") debt is treated as any other "unsecured" type debt. Therefore, if you choose, when you do bankruptcy, it would also "discharge" this debt obligation like any other unsecured debt.
The deficiency balance (the "leftover") debt is treated as any other "unsecured" type debt. Therefore, if you choose, when you do bankruptcy, it... Read More

want to be executor of the estate

Answered 2 years and 10 months ago by Chris Truc Nguyen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes, if there is no will, then she passed away "intestate." State laws regarding inheritance rules apply and it does not factor in what care you provided for your mother. You are all heirs of equal standings and therefore have an equal share.
Yes, if there is no will, then she passed away "intestate." State laws regarding inheritance rules apply and it does not factor in what care you... Read More

Married same man twice. 1st in AZ. 2nd in CA. I used the date of the 2nd marriage on divorce only. Does this mean im still married?

Answered 2 years and 10 months ago by Chris Truc Nguyen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
As I understand your question, you cannot get married twice without having been divorced from the first marriage. The 2nd marriage would be void as a matter of law. If you got a divorce from said person, I think it's insignificant what date you put down. The divorce should be effective against the person you're divorcing (as you had a valid marriage in place with said person.). ... Read More
As I understand your question, you cannot get married twice without having been divorced from the first marriage. The 2nd marriage would be void as a... Read More

Can I get married in Nevada right after I file for divorce in California if I live in California?

Answered 2 years and 10 months ago by Chris Truc Nguyen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
As soon as you divorce decree (Judgment finalizing the divorce is legally effective), then you're free to re-marry as you wish.
As soon as you divorce decree (Judgment finalizing the divorce is legally effective), then you're free to re-marry as you wish.
Go to the California Registration & Tiling website and enter the mobile DecalNumber and see if this is within their authority. If yes, you can complete the registration change by filling out the online form. You will need the original registration and original certificate of title (and have a scannable version for upload as well). If there are any taxes outstanding, you must pay the taxes and get a certificate of tax clearance to also upload before you can submit your application.... Read More
Go to the California Registration & Tiling website and enter the mobile DecalNumber and see if this is within their authority. If yes, you can... Read More

Will/living trust

Answered 2 years and 10 months ago by Bobby Kouretchian (Unclaimed Profile)   |   1 Answer
It's always a good idea to plan ahead.  Unfortuantely, it's not easy to answer your question definiteively without more information.  As much as we'd like to answer your question, we wouldn't want to make any assumptions in making any recommendations and lead you astray. Generally speaking, it's a good idea to set up a living trust.  Trusts are the best way to avoid probate and provide for a seamless administration of an estate.  That said, not all situations call for a trust.  It depends on various factors.  We suggest contacting an estate planning attorney, preferably in the state where your brother holds his assets.      ... Read More
It's always a good idea to plan ahead.  Unfortuantely, it's not easy to answer your question definiteively without more information.  As... Read More

Will no compete agreement that originated in California be upheld in Utah if I was layed off due to a reduction in workforce?

Answered 2 years and 10 months ago by Arlo Garcia Uriarte (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Labor and Employment
Hello, I hope you got your issue answered.  If not, call 415.695.1000.  Arlo
Hello, I hope you got your issue answered.  If not, call 415.695.1000.  Arlo

BROTHER DIED at santa rita jail under suspicious circumstances

Answered 2 years and 10 months ago by Arlo Garcia Uriarte (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
Unfortunately the statute of limitations may have passed here.  Please see an attorney in your area immediately.  The consulatations are usually free.  Bring all the documents you may have and talk to an attorney to make sure.
Unfortunately the statute of limitations may have passed here.  Please see an attorney in your area immediately.  The consulatations are... Read More

Can I sue my district manager?

Answered 2 years and 10 months ago by Arlo Garcia Uriarte (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Labor and Employment
Hello Mr. Lee, I hope your issues have resolved.  If your break issues are continuing, you may be able to file an action, either with the Labor Commissioner or with the Superior Court.  Let us know if you need further assistance.  Arlo Uriarte, Attorney, Liberation Law Group, PC 415.695.1000 arlo@liberationlawgroup.com... Read More
Hello Mr. Lee, I hope your issues have resolved.  If your break issues are continuing, you may be able to file an action, either with the Labor... Read More
The deed of trust recorded creates a lien on property. The sale of the proprety will not remove the lien (its effect will continue until it is released).  Most sales involve new financing. When a financing occurs , the new lender will require a clear title to exist before funding the loan. If the sale does not require a  new financing, then the buyer of the property takes title subject to the existing liens of record.   We would recommend asking a title company to provide a history of the sale transaction and providing a copy of all liens of record (which will not only show you the status of the title of  the property but confirm your lien is of record.)  Once this information is confirmed, you can make a demand for payment against the new buyer for payment. If there is no response, you can initiate a foreclosure action (either by power of sale or throgh the court system).... Read More
The deed of trust recorded creates a lien on property. The sale of the proprety will not remove the lien (its effect will continue until it is... Read More

Iโ€™m a US citizen. Can I apply B2 visa for my mother in law?

Answered 2 years and 11 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
As a US citizen, you cannot directly apply for your mother-in-law’s B-2 visa as that is an application made by her personally. However, you can supply her with a support letter addressed to the American consulate or embassy guaranteeing her financial support while she is here and that she will return to the home country at the end of her period of visit. You can fill out an I-134 affidavit in support and include such as your job letter, bank letter, and tax return. 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
As a US citizen, you cannot directly apply for your mother-in-law’s B-2 visa as that is an application made by her personally. However, you can... Read More

what type of attorney do i need as a defendant for a civil lawsuit?

Answered 2 years and 11 months ago by Mr. Michael G Wales (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Automobile Accidents
I would suggest that your daughter and/or her father contact her automobile insurance company/agent and do what is called "tender the defense and indemnity" to them.  Hopefully, the insurance company will assign an insurnce defense attorney to defend them and hopefully settle the case for them.   If the insurance company denies the claim please feel free to reach out to me to discuss.... Read More
I would suggest that your daughter and/or her father contact her automobile insurance company/agent and do what is called "tender the defense and... Read More
If you are a beneficiary, you are entitled by law to a copy of the trust, will, etc.  If the documents have been amended to leave you out, you will have to write the trustee for a copy and sue for it if he/she does not provide it.
If you are a beneficiary, you are entitled by law to a copy of the trust, will, etc.  If the documents have been amended to leave you out, you... Read More
You should contact an experience criminal defense lawyer to discuss your options in a confidential setting.
You should contact an experience criminal defense lawyer to discuss your options in a confidential setting.
It depends.  You should consulta with an experienced criminal defense lawyer in a confidential setting to explore your options. 
It depends.  You should consulta with an experienced criminal defense lawyer in a confidential setting to explore your options. 
This is a very good question that cannot be answered in this public setting.  You should contact an experienced criminal defense attorney to discuss your options based upon the facts in a confidential setting.
This is a very good question that cannot be answered in this public setting.  You should contact an experienced criminal defense attorney to... Read More
The facts you shared clearly require a consultation with a good lawyer.  You should contact an experienced criminal defense attorney to discuss your options based upon the facts in a confidential setting.
The facts you shared clearly require a consultation with a good lawyer.  You should contact an experienced criminal defense attorney to discuss... Read More
It depends upon the facts of the criminal investigation.  You should contact an experienced criminal defense attorney to discuss options based upon the facts in a confidential setting.
It depends upon the facts of the criminal investigation.  You should contact an experienced criminal defense attorney to discuss options based... Read More
You should contact an experienced attorney in this area of law to discuss your options based upon the facts in a confidential setting.
You should contact an experienced attorney in this area of law to discuss your options based upon the facts in a confidential setting.

how do i get a letter of leniency to a judge?

Answered 3 years ago by attorney Marc Pelta   |   1 Answer
How you should approach this depends on various factors.  This is a very good question.  You should contact an experienced criminal defense attorney to discuss your options based upon the facts in a confidential setting.
How you should approach this depends on various factors.  This is a very good question.  You should contact an experienced criminal defense... Read More

Will I go to jail for petty theft charge

Answered 3 years ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
Depends upon the prosecution policies of the relevant District Attorney's Office and the Court's local practice.  You should contact an experienced criminal defense attorney to discuss your options based upon the facts in a confidential setting.
Depends upon the prosecution policies of the relevant District Attorney's Office and the Court's local practice.  You should contact an... Read More

Legal question.

Answered 3 years ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
When it is discovered.
When it is discovered.