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1 Answer | Asked in Estate Planning for California on
Q: When a person die and had a trust set up with a Lawyer do the lawyer contact if you our part of trust in California
Ivette Santaella
Ivette Santaella answered on Aug 12, 2021

Hello,

Whoever is the named successor Trustee is tasked with advising you and providing you with a copy of the trust.

2 Answers | Asked in Employment Law for California on
Q: Am I required to explain to an ex employer where to find documents on a company computer I no longer have access to?

My ex employer is saying that I did not properly save information to the company file sharing database, and they can't find something they think I know where it is. I no longer have access to the computer, the files in question are just somewhere on the computer (unless the computer was wiped... Read more »

Brad S Kane
Brad S Kane answered on Aug 12, 2021

First, if you believe you were wrongfully terminated, then you should consult with an employment lawyer to discuss your options. Most employment lawyers provide free consultations. If you bring a wrongful termination claim, then you may be penalized for refusing to offer assistance to your former... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Am I required to provide a 2-factor authentication code to an ex employer account that was set up on my personal phone?

I set up an amazon account and turned on 2-factor authentication for my previous employer. They are now asking me to provide this information, which I would only like to provide if I am 100% legally obligated to.

Brad S Kane
Brad S Kane answered on Aug 12, 2021

Your desire to make things more difficult for your former employer may come back and hurt you. Be careful.

You set up the account as an employee and you were obligated to provide that information when you were an employee. Thus, a refusal to provide the information might be used to contest...
Read more »

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2 Answers | Asked in Employment Discrimination for California on
Q: Medical freedom is a right! Mandated covid injections & testing should not be required by employers. NOchoice NOvoice!

Who can I talk to about obtaining legal counsel to defend my medical freedom against my employer?

Do I have a case???

What type of attorney do I need ?

Louis George Fazzi
Louis George Fazzi answered on Aug 12, 2021

You do have a choice, and that is not to work for that employer. Employers have the right to determine the safety rules to assure the ongoing safety of all employees. Employers can require that all employees be vaccinated against Covid19, just the same as when we were all vaccinated as children... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Boss says they can remove an hour of wages worked from pay for not turning in report at a designated time, is that true?

I work for a private detective agency, and my pay is hourly. Today, my boss sent an e-mail claiming that if reports aren't turned in by 8pm PST, she will permanently remove an hour of pay from our paychecks, even if we worked that hour. I worked for the Department of Labor for a spell, and I... Read more »

Brad S Kane
Brad S Kane answered on Aug 11, 2021

Your employer is not entitled to discipline you by taking away your earned compensation. For failure to meet a legal work requirement, your employer can write you up, terminate you and/or change your future pay rate or hours.

1 Answer | Asked in Real Estate Law for California on
Q: Adverse Possession and Ownership of RE

A friend is in probate after the death of their father. Friend is the only child of father. One property, the one they currently live in, (and lived in prior to fathers death) has not just their father on the deed but both their father and uncle. The uncle is mentally ill and currently lives on the... Read more »

Yelena Gurevich
Yelena Gurevich answered on Aug 11, 2021

adverse possession is not appropriate given the facts stated. your friend is likely looking at a partition action (assuming they have rights tot he estate under probate or through a trust) and they will likely need to place funds into a trust for uncle for when he does surface

4 Answers | Asked in Employment Discrimination for California on
Q: I believe I have a discrimination case against my prior employer of 11 years. In the time I worked for them I was

continually praised for my work by all of the personal. Last Aug I was laid of due to Covid-19. I wasnt called back when things opened up, and I have learned that a man had been hired to do my job and has been doing it since I was laid off. Do I have a case?

Maya L. Serkova
Maya L. Serkova answered on Aug 10, 2021

What you have described may be discrimination; however, not all discriminations are unlawful. Specifically, only discrimination due to your membership in the protected class of people or because you engaged in protected activity are legally actionable. You have not mentioned any facts that... Read more »

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1 Answer | Asked in Business Law, Copyright and Trademark for California on
Q: hi. you have a case belongs to Bristol-Myers Squibb & Gilead Sciences regarding the trademark of ARIVITY, right?

hi. you have a case belongs to Bristol-Myers Squibb & Gilead Sciences regarding the trademark of ARIVITY, right?

i own a domain name that makes the ownership stronger which is www.arivity.com

if you or your client interested in that let me know.

because usually... Read more »

Omar Darwich
Omar Darwich answered on Aug 10, 2021

Im not sure I understand the question.

Was this individual reaching out to you to sell the domain name?

2 Answers | Asked in Estate Planning and Elder Law for California on
Q: Can I collected property from brother who is living and has signed will over to his stepson? Brothers wife is deceased.

Step son have power of attorney over medical but brother can sign for his own finances as far as he knows. I’m in California and he is Alaska living with them. He is not happy because they are controlling him.

Ivette Santaella
Ivette Santaella answered on Aug 10, 2021

Hello,

Only if he names you his agent in the DPOA. If he feels that they are abusing him he should contact adult protective services in Alaska.

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3 Answers | Asked in Criminal Law for California on
Q: Is starting Law School at 50 years old wise in the criminal defense area?
Dale S. Gribow
Dale S. Gribow answered on Aug 10, 2021

law school at any age is questionable nowadays......

there are more lawyers than needed, in an era where things are changing to not require lawyers..........

we had some seniors in class 50 years ago but it was difficult for them with responsibilities with work, family...
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1 Answer | Asked in Consumer Law for California on
Q: Can companies charge more than once without permission?

I placed an order from Zumies over the phone (kept getting error codes from site so called customer service), and after the order was placed, I received an email from my bank stating account was low. Went to check it and was charged $65.20 4 separate times. I called back right away and was told... Read more »

Leon Bayer
Leon Bayer answered on Aug 10, 2021

Of course not but accidents happen. I am thinking this might have happened when you were making multiple attempts to place the order online.

1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: I live in Los Angeles. Can I get a lawyer who does Pro Bono in criminal Law? I was falsely arrested for selling drugs
Louis George Fazzi
Louis George Fazzi answered on Aug 9, 2021

All you have to do is ask the court to appoint a lawyer for you. If you can't afford a lawyer, you are entitled to a public defender. You should have been told that at the time you were arrested. Most public defenders are dedicated and hard working and usually provide solid legal advice. When... Read more »

2 Answers | Asked in Criminal Law for California on
Q: I'm currently going to court for a criminal case in contra costa County for a burglary, what is Marsy law ?
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Aug 9, 2021

Marsy's Law is a victim's Bill of Rights. It amended the California Constitution - Article 1 section 28(b) to give enhanced rights to victims for restitution, notice of court hearings, the right to be heard, access to presentence reports if requested and other considerations set forth... Read more »

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2 Answers | Asked in Consumer Law for California on
Q: Can the car dealership void a contact and make me sign a new one?

I went to the dealership, secured a loan, paid a down payment, signed a contact, and brought the vehicle home. Three weeks later the dealer wants me to sign a new contact? Is this legal? Can I keep the old contact? They also want me to sign something else releasing them from any obligations and say... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 9, 2021

Contract law is usually fairly simple and straightforward. Virtually any attorney can read your contract and the new proposed contract they want you to sign and the other related writings and answer your question for you.

You will likely have to pay a modest fee for the attorney's...
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1 Answer | Asked in Trademark for California on
Q: How to I reactivate/ bring my trademark back to life?

I am the original owner of heart headed and I want to finish filing my trademark

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 9, 2021

Depends

If it was abandoned you have to file again

If it is still in process you need to respond and complete the requirements

1 Answer | Asked in Business Formation and Contracts for California on
Q: How can I create a Partnership Agreement for our start up company.

I am creating a Limited liability Partnership Agreement for a start up business. I need help with jurisdiction and whether or not the sum of 500 dollars a month is in line with federal minimum wage laws.In addition to what the value of cash is insofar as the establishment, development and branding... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Aug 9, 2021

As you probably already know, the basis for any successful business is a clear and cogent "agreement" between the founding members or partners. In an LLC or an LLP, such "agreement" would be embraced within an Operating Agreement ... which outlines management responsibilities... Read more »

2 Answers | Asked in Employment Law and Landlord - Tenant for California on
Q: Workplace has became unsanitary out of our control, foreseeable closure until fixed. Wages owed?

Non-exempt, food service worker. I work in a cafe, where food and drinks are served to our customers, hosted on the first/ground floor of a mall. Recently, there was a leakage that started leaking from the second floor to our store, contaminating our food. Our manager still wants us to open in... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 8, 2021

Your employer has no legal duty to pay you for hours you do not work, even if it is beyond your control that you lose your hours. Your only recourse is to file for unemployment insurance as soon as you are able. You do not have to be fired or quit to get unemployment insurance benefits. A... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: My husband was arrested for carjacking, possession of paraphernalia and a warrant. His bail was raised to $500,000.

He does not match the identity described and is still being held. What can we do and can that charge be dropped?

John Karas
John Karas answered on Aug 8, 2021

It appears from your question that your husband has already been arraigned, pled not guilty, bail was set, his attorney asked for a bail hearing and the amount of bail increased. Ask his attorney why the bail was set so high.

Better yet bring to the attorney's attention that the...
Read more »

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2 Answers | Asked in Divorce, Family Law and Domestic Violence for California on
Q: My husband financed his house before we were married, i have paid 100 my income for 5 yrs am i entitled to anything

I am domedtic violence victim by him. And hes had me removed via exparte order

Paramprit Bindra
Paramprit Bindra answered on Aug 8, 2021

More information is needed to determine whether or not you have an interest in the house, other assets, spousal support, retirement, and child support (if applicable).

I recommend that you contact a family law attorney.

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1 Answer | Asked in Civil Litigation, Legal Malpractice and Medical Malpractice for California on
Q: Does this expert opinion have any evidentiary value?

It is my opinion that Dr.D treated the patient within the standard of care at all times.Dr.properly and within the standard of care recommended and performed a series of injections in knee. Dr.D properly consented to the knee injections (but the informed consent form with the client's... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 8, 2021

A California attorney could advise best, but your question remains open for two weeks. As a general impression, I do not see it as being strongly persuasive. It uses the terms that arise in malpractice defense, such as standard of care. But some might see it as coming across as boilerplate-like in... Read more »

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