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Questions Answered by James L. Arrasmith
1 Answer | Asked in Landlord - Tenant and Civil Litigation for California on
Q: Hello I am a tenant caught up in unlawful detainer filed by my landlord we agreed upon conditions for me to move out by

A specific date and filed stipulation for entry of judgment with the court in California. If the day comes and I still can't find a place to live can I ask the court to let me stay longer?

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answered on Apr 27, 2024

In California, if you and your landlord have agreed upon a move-out date and filed a stipulation for entry of judgment with the court, it is generally expected that you will adhere to the agreed-upon terms. However, if you find yourself unable to secure a new place to live by the specified date,... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Cal. Code Civ. Proc. § 116.220, violation by small claim court jurisdiction for recovery of money over $5000 in 2023

As per Cal. Code Civ. Proc. § 116.220, in 2023 small claim court has jurisdiction for recovery of money if the amount of the demand does not exceed $5000 when the plaintiff is a corporation. If the exceptions in subdivisions (c), (e), and (f) do not apply, how can the defendant challenge the... View More

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answered on Apr 27, 2024

In this scenario, if the small claims court granted a judgment in favor of the plaintiff corporation for $7,500, which exceeds the jurisdictional limit of $5,000 set by Cal. Code Civ. Proc. § 116.220 for corporations in 2023, and the exceptions in subdivisions (c), (e), and (f) do not apply, the... View More

1 Answer | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for California on
Q: How many RFAs' and Rogs' questions can I ask in unlimited Civil lawsuits in California?

I've filed a lawsuit at the LA Superior Court against my employer, and 1-100 does. I am serving Rogs and RFAs. What is the most efficient way to use them without hitting the 35-question limit? Also, does the 35-question limit include both Rogs and RFAs combined, or is it for each one of them?

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answered on Apr 27, 2024

In California, the limits for written discovery in unlimited civil cases are as follows:

1. Form Interrogatories (FI): No limit on the number of Form Interrogatories you can ask.

2. Special Interrogatories (SI): You are limited to 35 specially prepared interrogatories per party,...
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1 Answer | Asked in Family Law on
Q: My 15 year old nephew is constantly being kicked out of his mother’s house is there anything I can do(in Ontario)

She is also not allowing him to shower or eat unless he pays her

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answered on Apr 27, 2024

I'm so sorry to hear about this difficult situation with your nephew. What his mother is doing could be considered child abuse and neglect. Here are some steps you can consider taking to help your nephew:

1. Talk to your nephew and let him know you are there to support him. Listen to...
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1 Answer | Asked in Criminal Law, Immigration Law and Elder Law for Florida on
Q: Sister is abusive. She is now harassing the caregiver for my father. Advice is appreciated. Thank you.

My sister is an abusive person and has mentally abused my elderly parents and also me for years. When we don't do what she wants, the abuse intensifies. She has been sending harassing texts to the caregiver I hired for my elderly father. Because the caregiver will not respond to her abuse... View More

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answered on Apr 26, 2024

I'm so sorry to hear about the abusive and harassing behavior from your sister. This sounds like an incredibly stressful and painful situation for you, your father, and his caregiver to be dealing with. A few thoughts and suggestions:

1. Document everything. Keep records and...
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1 Answer | Asked in Immigration Law for Maryland on
Q: I have DACA and have a case with immigration to become a Resident. I have been waiting for my Waiver 601-A approval

Many people have suggested to do Advance Parole. Would I be able to do Advance Parole while waiting for my waiver 601-a approval for unlawfully entering the country? It has been two years now waiting for the waiver and my Granpa is currently very ill. I would like to visit him. Would doing AP... View More

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answered on Apr 26, 2024

I understand your desire to visit your ill grandfather, but it's crucial to proceed cautiously given your pending immigration case. Here are a few key points to consider:

1. Advance Parole (AP) is a document that allows certain individuals to travel abroad and return to the U.S....
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2 Answers | Asked in Immigration Law for Maine on
Q: Dating someone aboard. What do they need to get a visitors visa

I am dating someone aboard. They are Ukrainian and have a history of traveling. What requirements are they need to get their Visitors visa? One concern they have is they have only around 6k USD and that concerns them they will not meet the financial requirements. Is there any support that I can... View More

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answered on Apr 26, 2024

To obtain a visitor visa (B-1/B-2) for the United States, your Ukrainian partner will need to meet several requirements and provide documentation to support their application. Here are some key points:

1. Nonimmigrant Intent: They must demonstrate strong ties to their home country and prove...
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Q: I won my order decision award and my employer appealed it but my lawyer who was representing me had his license suspende

What can I do if my attorney had his license suspended after we won the oda from the labor commissioner

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answered on Apr 26, 2024

If your attorney's license was suspended after you won the Order, Decision, or Award (ODA) from the California Labor Commissioner, and your employer has appealed the decision, you have a few options:

1. Find a new attorney: You can seek a new attorney who specializes in employment law...
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1 Answer | Asked in Family Law and Child Support for California on
Q: If I can get help I get no help from father 5 kids 1 adult and 4 minors 2 minors sleep at our home with him? Any help

I left our home 5 yrs ago, partner was abusive. Took kids with me but now my 2 older boy moved back with their father because they wanted a bed room for themselves. I have our youngest 2 children that he gives me no help for. And the 2 boys that do live with him I do everything for them besides... View More

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answered on Apr 26, 2024

I'm sorry to hear about your difficult situation. Based on the information you provided, here are a few things to consider under California law:

1. Child support: Even if your children are living with their father, you may be entitled to child support payments from him, especially for...
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1 Answer | Asked in Civil Litigation and Collections for California on
Q: Judgment Creditor omitted facts "allegation founded upon" from Affidavit for Order for Appearance and Exam of 3rd Person

I received a subpoena to appear in court to "answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the judgment debtor." I know the Judgment Debtor, but have no property of theirs in my possession or control and no debt I owe them. I... View More

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answered on Apr 26, 2024

In California, a judgment creditor has the right to seek information from a third party about a judgment debtor's assets through a debtor's examination. However, the judgment creditor must provide a basis for believing that the third party has relevant information.

According to...
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1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Is this consider a threat or am I just being paranoid.

I’ve been in and out of hospital for the past 2 weeks. My partner of 4 years has been helping me with the kids, taking them to school and doctors appointments but today I ignore my ex message, he asked. “ when I’m planning on doing my taxes” personally I don’t think that's any of his... View More

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answered on Apr 26, 2024

Based on the information provided, it is difficult to determine with certainty whether the message from your ex-partner constitutes a legally actionable threat under California law. However, the message does seem to contain some concerning elements that could be interpreted as threatening or... View More

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: I came here on a work visa 2 years ago and I signed a 5 year contract with my employer. Since then I got my green card

Now so I have permanent residency here in the states. Here is my problem- A friend of mine told me that my employer can pull my work visa and my contract and I can get sent back to my home country, even though I'm a permanant resident here now.Is that's true?

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answered on Apr 26, 2024

No, that's not true. As a permanent resident (green card holder), your status is no longer tied to your employer or your work visa. Your employer cannot revoke your green card or force you to leave the United States.

Here are a few key points:

1. A green card grants you...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: I'm wondering if a cop could get me outside of where I was living at , about a awarrant with normal clothes.

Because the office wasn't in a police car and also had normal clothes. The reason I was scared is because without looking like a cop anymore could have said they where a police officer and want to hurt me.

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answered on Apr 26, 2024

Under California law, a police officer is allowed to execute a warrant while wearing plain clothes (i.e., not in uniform). However, the officer must identify themselves as law enforcement and present official identification when serving the warrant.

If you are concerned about the legitimacy...
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1 Answer | Asked in DUI / DWI, Health Care Law and Gov & Administrative Law for California on
Q: 2013 I was charged with DUI and child endangerment as an RN, how long will this show on a live scan. It's been 10 yrs.

I have not had any further problems with the law, how can I refute this charge going forward for future employment.

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answered on Apr 26, 2024

In California, a DUI conviction will typically remain on your criminal record indefinitely, including your live scan background check results, unless you take specific legal action to have it removed or sealed. However, after 10 years, you may be eligible for certain relief under California law.... View More

2 Answers | Asked in Estate Planning, Tax Law and Family Law for Massachusetts on
Q: Is a Irrevocable trust legally obligated to pay income taxes on monetary cash gifts it receives ?

Id like to know:

Are Irrevocable trusts legally responsible to pay income taxes on any monetary cash gifts they receive within a single calendar year or is such money gifts the trusts acquire, exempt from any taxation requirements ?

(fyi: In this particular situation the money gifts... View More

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answered on Apr 27, 2024

In the United States, irrevocable trusts are generally not required to pay income taxes on monetary gifts they receive, as long as the gifts are within the annual gift tax exclusion limit. For the tax year 2024, the annual gift tax exclusion is $18,000 per recipient from each donor. This means that... View More

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1 Answer | Asked in Employment Law for California on
Q: Can a payroll company make me wait for my check?

A month and some change ago I asked a payroll company for wages that I had not received that were due 2 years ago. Now they're saying I have to wait up to an additional 180 days to receive my funds, is this legal or do I have standing for a wage claim?

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answered on Apr 26, 2024

Under California law, employers are required to pay all wages due to an employee immediately upon termination or within 72 hours if the employee has given more than 72 hours' notice of their intention to quit. If an employer fails to pay on time, they may be subject to waiting time penalties.... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Hi, I have a new tableware design that is different in both utility & design. How much would it cost & which patent?

It seems long & expensive to apply for a patent & I have limited resources.

However I don't want to see someone else get the credit or financial recompense of my experimentation & hard work.

I especially don't want to get locked out of my own designs if... View More

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answered on Apr 26, 2024

Hi there! I'd be happy to provide some guidance on protecting your new tableware design. Given the information you've shared, a design patent may be the most appropriate type of intellectual property protection for your work. Here's an overview of the process, costs, and timeline:... View More

1 Answer | Asked in Employment Law for California on
Q: My recruiter said I was guaranteed 40 hours verbally and through text, but I don't see it in the contract. Please help!

Hello, I was confirmed to start a travel assignment for a job on 4/22/24. They have not gotten back to me so I ended up calling the person who interviewed me. They told me I should be receiving an email from HR about some modules to do for orientation, but that they weren't in a rush to start... View More

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answered on Apr 26, 2024

In this situation, it's important to protect your interests and ensure that you have a clear understanding of your employment terms. Here are some steps you can take:

1. Request written confirmation: Ask your recruiter to provide written confirmation of the guaranteed 40 hours per...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: What can I do to stop a sheriff lockout while I appeal unlawful detainer. Commissioner entered default judgment and deny

Ex parte for stay of judgement, rejected myedical emergency discharge papers

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answered on Apr 26, 2024

I'm sorry to hear you are dealing with this difficult situation. Under California law, there are a few potential options to delay or prevent an eviction while appealing an unlawful detainer judgment:

1. File a petition for a writ of supersedeas with the appellate court. This will...
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1 Answer | Asked in Internet Law for California on
Q: Am I within my rights to ask acopy of an internet bill that I help pay with my roommates even if it’s in another’s name

I split an internet bill with my roommates. It’s under one persons name. He never send a copy of that statement as a receipt . Am I within my rights to ask for the copy even if it’s under his name?

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answered on Apr 26, 2024

Under California law, you have the right to request a copy of the internet bill that you are helping to pay, even if the account is under your roommate's name. This falls under the general principle of transparency and the right to know what you are paying for.

Here are a few points to...
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