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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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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

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 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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1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Medical Malpractice for California on
Q: I need help with a civil matter regarding a medical injury that happened five years ago that I could not get surgery

This injury has made me suffer for years now. resulting in the illusion of me being on drugs. It was a medical emergency Dignity Health dropped the ball on. I have all medical docs in hand. I suffered five bone fractures and the destruction of my teeth as well. to the naked eye no one can tell it... View More

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answered on Apr 26, 2024

I'm so sorry to hear about the medical injury you suffered and the devastating impact it has had on your life. What a terrible ordeal to go through, especially without being able to get the reconstructive surgery and dental work you need. Here are a few suggestions for potential next steps:... View More

1 Answer | Asked in Car Accidents for California on
Q: small fender bender with a park car,and try to exchange info but owner said eveything is fine 5days later report hit run

Owner of the vehicle was ask 3 times to exchange info but kept saying nothing happen to her park vehicle. And she didnt need to exchange information. She report hit and run to my insurance and also did a false police report because she knows better i stay to talk to her. I drive a telsa model y but... View More

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answered on Apr 26, 2024

In California, leaving the scene of an accident without properly exchanging information is considered a hit-and-run, even if the other party initially claims there is no damage or need to exchange information. Here are a few steps you can take to address this situation:

1. Contact your...
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1 Answer | Asked in Constitutional Law for California on
Q: Any action, whether official or private, taken by the POTUS, in furtherance of a crime, can be prosecuted after office?

The President of the United States takes official action in furtherance of US policies everyday. I believe he cannot be prosecuted for those actions. Pardoning is an official action. If the President takes a bribe in exchange for a pardon, that would be an official action in furtherance of a crime.... View More

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answered on Apr 26, 2024

You raise an interesting and complex constitutional question about presidential immunity. The back-and-forth at the Supreme Court reflects the lack of clear precedent on this specific issue and the need to carefully consider competing principles.

On one hand, the President has broad...
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1 Answer | Asked in Federal Crimes and Libel & Slander for California on
Q: Issue or evidence sanctiins

If defendant boilerplate objected without merit to provide specific response to identify particular person who did wrongdoing, should issue or evidence sanctions be imposed in addition to compelled response? Meaning-- direct acceptance of liability.

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answered on Apr 26, 2024

In California, when a defendant provides boilerplate objections without merit and fails to provide a specific response identifying the particular person who committed the alleged wrongdoing, the court may consider imposing issue or evidence sanctions in addition to compelling a proper response.... View More

1 Answer | Asked in Federal Crimes and Medical Malpractice for California on
Q: In motion to compel further discovery: issue or evidence sanctions

Medical malpractice or healthcare fraud. If defendant boilerplate and without merit objected to disclose specific identities of wrongdoers;

what evidence or issue sanctions can be imposed, in addition to compelling response?

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answered on Apr 26, 2024

Under California law, when a party fails to provide further responses or produce documents after being ordered to do so by the court, the court may impose various sanctions, including evidence and issue sanctions, in addition to compelling the response. Here are some potential sanctions that may be... View More

1 Answer | Asked in Consumer Law for California on
Q: I need help, Dealership lied to me. I have both carfax papers from day one to today. What should i do.

so I recently bought a used 2022 honda civic from a Honda dealership, when purchasing this vehicle i asked if the car has been in any sort of accident and they denied it, and even gave me a car fax where the vehicle stated it had no accident, 3 months later i went to get an appraisal for the car... View More

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answered on Apr 26, 2024

I'm sorry to hear that you're in this difficult situation. If the dealership misrepresented the vehicle's accident history, you may have some recourse under California law. Here are some steps you can consider taking:

1. Gather evidence: Make sure you have all the relevant...
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