California Legal Answers

Find Answers in California by Legal Issue

Noncompete & Nonsolicitation: How Are They Different In California?

In many states, employers include noncompete and nonsolicitation agreements in employment contracts. These terms are designed to protect their …

I Have A Construction Dispute In California. What Can I Do?

Large-scale real estate projects can often result in disputes between the developer and contractor. For developers who are facing a construction …

What happens if I am arrested for a non-alcohol DUI (DUID) in California?

Millions of people take prescription medication, cannabis, and other potentially impairing substances every day. Many of them drive safely without …

How Can I Maximize My Compensation After A Truck Accident In California?

Get Medical Attention Right AwayTruck accidents can result in very serious injuries, particularly for occupants of passenger vehicles. Even if you …

Can I Sue A Company For Wrongful Termination In California?

Discharge of an employee for an unlawful reason is a wrongful termination. The term "wrongful termination" is often used without a …

Which accidents fall under premises liability in California?

Premises liability is a complicated area of law that encompasses much more than just dog bites or slip-and-falls. Accidents that happen on another …

Can I sue a drunk driver who crashed into me in California?

Anyone injured in a California motor vehicle accident can sue the at-fault driver for being injured. However, when the at-fault driver is …

I live in California and have been exposed to Monsanto Roundup. Does Roundup cause cancer?

Glyphosate, the active ingredient in Monsanto’s Roundup weed killer is a “probable human carcinogen,” according to the …

Can I file a lawsuit in California claiming Paxil causes suicide?

A Paxil lawsuit may be filed on behalf of anyone who has suffered injury after attempting suicide or on behalf of the surviving heir of anyone who …

California: What is Wage Theft?

In California, wage theft can arise from a variety of circumstances, including failing to pay employees the state mandated minimum wage; failing to …

California: Does Talcum Powder Cause Ovarian Cancer?

Numerous scientific studies have linked ongoing talcum powder use to an ovarian cancer diagnosis. These studies have shown that companies have been …

Should I get a lawyer after a car accident in California?

While you may not need to retain a car accident attorney for a small property damage only claim, many car accidents result in personal injuries to …

How Long After A Car Accident Can I Sue In California?

Personal Injury claims following a car accident have a two-year statute of limitations after which your claim will be forever barred from being …

Can I Sue After A Car Accident In California?

         Following a Car Accident, you can sue the responsible party for all damages as result of the accident. To pursue a …

I was in a California Uber accident. What are my next steps?

If you were injured in an Uber (or Lyft) accident in California, you do have legal rights. As with other types of motor vehicle accidents, you have …

I was implanted with an IVC filter in California and was injured after the device fractured. Can I file an IVC filter lawsuit?

Yes. The first thing you should do if you have been harmed by an IVC filter is have your doctor carefully document your injuries or condition for …

I live in California and have been using baby powder for feminine hygiene for many years. Does baby powder cause cancer?

The answer to this question lies in the data…Information about the possible association between talcum powder (baby powder) and ovarian cancer …

I live in California where Alere Inc. is named as a defendant in lawsuits over alleged defects with its INR blood home monitoring system. What should I do if I used the Alere InRatio Test Strips and INR meter?

If you sustained injuries after using the Alere INRatio home monitoring system, it is in your best interest to speak with an experienced personal …

What can I do if my insurance company denies my claim in California?

You may be able to sue your insurance company. If an insurance company breaches its promise and fails to honor its contract, you have the right to …

What is California’s anti-SLAPP law?

First passed in 1992, California’s anti-SLAPP (strategic lawsuit against public participation) statute is designed to shield people and …

Who Can Bring A Wrongful Death Lawsuit After A Car Accident In California?

The heirs and close family members of the deceased may bring a wrongful death lawsuit after a fatal car accident in California.Specifically, these …

What Are The Top 5 Things I Can Do To Maximize My Recovery After A Car Accident In California?

1. Get To A Doctor Or The Emergency Room Right AwayIf you have been injured in a motor vehicle accident, your primary concern should be your health, …

What Are The Top 5 Things I Can Do To Maximize My Compensation After A Slip-And-Fall Accident In California?

1. Report The Fall And Ask For An Incident ReportAfter a slip and fall on someone else’s property, it’s important that you report the …

How Can I Maximize My Compensation After A Brain Injury Accident In California?

Get Appropriate Medical TreatmentThe first important step after a serious head injury is to get prompt and appropriate medical treatment – not …

What insurance issues can affect my California car accident case?

Car accidents are stressful ordeals. On top of the physical injuries, time off work and traumatic emotional aftermath, you may also be struggling to …

What damages are available in California brain injury cases?

Traumatic brain injuries are among the most severe, life-altering transformations anyone could undergo. They can leave victims with completely …

What are the elements of a legal malpractice case in California?

When you hire a lawyer, you expect them to handle your case with diligence, care and professionalism. Sometimes they break that trust, making …

What to do after a California truck accident?

The immediate aftermath of a California truck accident can be chaotic and traumatic for victims. The first thing you need to do is determine if you …

Do I need a lawyer after a California aviation accident?

If you or a loved one has been involved in a plane crash, your case is in far better hands with an aviation attorney who has extensive experience in …

What Compensation Am I Entitled To If The Government Wants Part Of My Property in California?

Under both the Federal and California Constitutions, the government has the power to take your property (or portions of your property), if the land …

How Will A Property’s Zoning Impact My Eminent Domain Case in California?

How a property is zoned impacts its value substantially. Your property’s zoning limits how it can be used, from what kinds of structures may be …

If I’m an undocumented worker, can I still file for workers’ compensation in California?

In California, as in many states, undocumented workers are provided for in the event of a workplace accident. California Labor Code section 3351(a) …

What crimes will get me deported in California?

If you are in the U.S. without any documentation, even a minor infraction could trigger deportation. However, if your immigration status has been …

I was bit by my neighbor’s dog in California. Do I have a case?

In order to file a lawsuit against your neighbor after a dog bite you must have sustained physical or psychological injuries. Second, you must be …

Should I hire a lawyer after a California trucking accident?

Commercial trucking accident cases are more complex than those involving motor vehicles. Hiring a lawyer is of the utmost importance when fighting …

How long will my trucking accident case take in California?

Commercial trucking accident claims are generally handled the same as motor vehicle accident claims. The average motor vehicle accident claim can …

I slipped and fell in a California store. What should I do?

If you slip and fall in a parking lot or grocery store, the actions you take in the moments that follow can determine the future of your claim. To …

Can I classify California employees as independent contractors?

Not usually. The IRS and California tax authorities expect employers to payroll taxes on the wages they provide to their workers, and classifying a …

What Should I Look For In A California Brain Injury Attorney?

First And Foremost, ExperienceBrain injuries are uniquely traumatic and often “invisible.” On the outside, an individual may appear just …

What do I need to do to protect my business name or logo in California?

The branding of a business and its products, including names, logos and other marketing assets, can be a huge component of your business’ …

What are the main issues of concern when buying or selling a business in California?

There are numerous factors to consider when buying or selling a business. The most important are tax liability and successor liability.  Tax …

What are the tax benefits and personal liability issues to consider when you’re starting a business in California?

Forming a business is stressful for a lot of reasons, not least of which because the implications of the choices you make now can last as long as the …

Do I need a lawyer to pursue a products liability case, such as with e-cigarettes, in California?

The short answer is, yes. It is rarely, if ever, a good idea to try to represent yourself in court, and that is especially true in a products …

I am 18 and my girlfriend is 15. Can I be charged with statutory rape if we have sex in California?

While most people call it statutory rape, California law defines this as unlawful intercourse and the charge is a serious one. In most states, the …

Is a DUI a misdemeanor in California?

Yes. A first-, second- and third-time DUI are misdemeanors, provided there are no injuries or deaths from an accident related to the DUI. If there is …

What happens if I forge a prescription for drugs in California?

It is a misdemeanor or felony, depending on three things: the discretion of the prosecutor, the quantity of drugs sought and the judge. The law …

My job requires me to travel, but I don’t want to violate my probation. What should I do in California?

If you are on informal probation, there typically is no restriction to your travel. However, it is possible that your informal probation includes …

How can I be charged with child abduction in California if I am the parent?

If you have interfered with the custodial right of the other parent, you can be charged with child abduction. This is a serious charge: The …

My business has been sued in California. What’s the quickest way to make the lawsuit go away?

The most important thing to do if your business has been sued is to call a lawyer promptly. You can try to resolve a situation on your own before a …

My loved one died from ovarian cancer related to talcum powder use in California. Can I sue?

Unfortunately, many women have contracted ovarian cancer after prolonged exposure to talcum powder. My firm was the first to file a lawsuit in …

How Does Mediation Work To Resolve My Divorce In California?

Mediation is a procedure by which a neutral party listens to both you and your spouse as you frame the issues of your divorce. Then, your mediator …

Can a patent protect my invention in California?

Yes, if you have invented a new product, a patent will protect your new invention. However, it is slightly more complicated than just applying for …

Can I Sue If I Was Punished For Reporting Sexual Harassment At My California Workplace?

Sexual harassment in the workplace is prohibited by California and federal law. If you have experienced harassment from a manager, supervisor or …

How Do You Prove Wrongful Termination In California?

Proving whether you were wrongfully terminated can be complicated. Usually, the company that fired you will use some pretext, such as supposedly poor …

How can I update or modify my old California estate plan that involves an irrevocable trust?

Establishing an estate plan in the first place can be a costly and time-consuming process. The idea of updating it years later, when your situation …

Why should I separate or divide my California business assets?

The recent Tax Cuts and Jobs Act has created a connection between income tax and the segregation of business assets. Essentially, it is advantageous …

How does the parent-child exclusion work with my business that owns real property in California?

The parent-child exclusion is a policy referring to the transfer of real estate and other property from parents to children. In practice, it means …

What rights do I have as a pregnant employee in California?

Many women are concerned about what their rights are when they become pregnant. This is intended to be a practical guide about what rights pregnant …

When should I pursue trust or estate litigation in California?

The death of a loved one is an unquestionably difficult time in your family’s life. Not only are you left with grief, but also the often …

What should I do if I believe I have been sexually harassed either because of my gender or sexual orientation in the workplace in California?

Because of the publicity surrounding the “Me Too” movement and the easy availability of information in a technological society, one might …

How can a class action lawsuit benefit me if I have been the victim of wage theft in California?

According to the Economic Policy Institute (EPI), more than two million workers across the country lose $8 billion in wages annually due to wage …

What consumer protections are available in California if I have been diagnosed with ovarian cancer after using talcum powder?

As a consumer, you have a right to use products that will work safely and as intended. According to the U.S. Consumer Product Safety Commission, …

What should I do if I have a good faith complaint that my co-workers, supervisors or managers are engaging in unlawful activity in the workplace that causes injury to members of the public or myself in California?

Effective Jan. 1, 2014, California’s whistleblower protection law was changed to become one of the strongest in the nation for both private …

How long after a trucking accident can I sue in California?

You typically have two years following a trucking accident to sue for personal injury or wrongful death in California. Otherwise, the court could …

Can I own an assault weapon in California?

In recent years, California gun laws have undergone sweeping changes that can affect the firearms that you own. The most significant change is the …

What are the consequences for a multiple-DUI offender in California?

Multiple DUI convictions carry significantly more consequences than for a first offense. Jail time of at least 96 hours is mandatory, as well as a …

When can you be arrested for drugged driving in California?

Before they can legally pull you over, officers must have a reasonable suspicion of a violation of the law, such as speeding or other Vehicle Code …

Can I get sole custody of my child in California?

First, it is important to understand what sole custody is and is not. Sole custody does not necessarily mean that you are the only parent who will …

Why are family law cases in California so complicated?

Family law issues involving divorce, child custody and property division tend to be complicated because they are fact-driven and divorcing parties …

How do I protect myself in California if an employee sues me for sexual harassment?

The most effective defense against a sexual harassment suit is a strong arbitration clause. You need to implement this clause ideally at the time of …

How do I know if I have a sexual harassment case against my California employer?

It can be difficult to determine if someone is legally sexually harassing you at work. Even if you are uncomfortable by someone else’s actions, …

What is considered age discrimination in California?

Both public and private California employees are protected by federal and state laws from workplace discrimination, as long as they fall under a …

What is the difference between individual and group long-term disability insurance in California?

Individual and group long-term disability insurance policies both provide valuable income protection to workers, but they differ in premium costs, …

As a business owner, what preventative measures can I take to ensure I don't get sued for discrimination in California?

The best measures to take are:  Have solid employee education through handbooks and trainingProvide good, clear policiesTake the time to …

How do you determine spousal support in a California divorce?

Determining spousal support (sometimes referred to as alimony) can be a stressful part of the divorce process, not to mention a contentious one. You …

What damages are available if I lost a loved one or suffered real property loss or damage in the Thomas wildfire in California?

Beginning in December 2017, a series of wind-driven wildfires began just north of Santa Paula and quickly spread to surrounding areas in Ventura and …

Do I Have Any Other Claim Besides Workers’ Compensation If I’m Injured In A California Construction Accident?

Yes, a third-party personal injury lawsuit may be available depending on what happened in the situation. After your construction accident, you should …

How Do I Get Treatment After A California Work Injury When Medical Requests Are Denied?

Medical request denial after a work accident can leave you feeling hopeless and desperate. When it seems obvious that workers’ compensation …

My Family Member Was Killed, How Long Do I Have To Bring A Case For Wrongful Death In California?

First off, I am very sorry for your loss.In general, there is a two-year statute of limitations in California state court. This means you have a …

Can I File A Lawsuit If My E-Cigarette Caught Fire Or Exploded In California Or Another State?

Yes, you can and should file a lawsuit for a defective product. E-cigarettes have a notable history of malfunctioning which has led to serious …

If My Loved One Has Been Diagnosed With A Brain Injury In California What Do I Need To Do?

Brain injuries are extremely serious and have lasting effects on the victim’s life — and the lives of those around them. Hearing a …

What should I know before I submit a disability claim in California?

When it comes to submitting a disability insurance claim, there are three key points to keep in mind. One, develop a strong relationship with your …

What counts as insurance bad faith in California?

Here in California, we are fortunate to have some of the nation’s strongest pro-consumer laws that protect policyholders. These laws are …

I Think My California Lawyer Committed Malpractice. What Can I Do About It?

Most attorneys care about their clients and diligently pursue their matters. Unfortunately, even careful attorneys sometimes make mistakes that have …

What Should I Do If My Neighbor Sets Up A Sober Living Home In My California Neighborhood?

Sober living homes have become a troublesome epidemic in much of the United States, especially in California. While some of these homes are well-run …

What Should I Do If The Managing Partner Of A California Business Is Dishonest?

Most partnerships work harmoniously but, on occasion, honest partners can be victimized by a dishonest managing partner. This problem is not limited …

What Should I Do If Another Company Infringes On My Trademark In California?

Trademarks can be a valuable company asset. Unscrupulous competitors may recognize the goodwill associated with a trademark and attempt to copy it or …

What Should I Do If A California Employee Steals A Trade Secret?

For many companies, trade secrets are the most important asset of the company. Some people mistakenly believe trade secrets must be something …

What can I expect after being arrested for a DUI in California?

If you are arrested for DUI in California, you can expect to have to defend against both the DMV’s attempt to suspend your driver’s …

What Is Sexual Harassment In California?

There are two kinds of sexual harassment in California. The first kind, is more typically known and is called “quid pro quo” or …

What types of benefits are available for workers’ compensation in California?

Under California’s workers’ compensation system, workers are eligible for several types of benefits for a work-related injury or illness. …

Can I Sue For Being Fired In California?

In general, an employer can terminate your relationship at any time. However, an employer can’t terminate you based on an improper or illegal …

Do I need a lawyer for my California workers’ compensation claim?

Many people wonder whether it is worth it to hire an attorney to help them in their workers’ compensation claim. While there is no law that …

Where can I get help with medical bills after a car accident in California?

Medical treatment is expensive. After a serious car accident, you may be unable to work. Surgeries, transportation to and from treatment, physical …

Does California Law Allow Me to Disinherit a Child?

Yes, you can leave your estate to whomever you wish, including to a friend, a charitable organization, beloved pet or neighbor. No requirement exists …

What damages are available in California wrongful death cases?

Wrongful death – when a loved one is snatched away, before their time, because of someone else’s negligence – is the ultimate …

What Are My Legal Rights If I’ve Been Injured In A Bike Accident In California?

If you have been hurt while riding your bicycle after a collision with a vehicle, you have the same rights as a driver of a vehicle injured in an …

How Do I Choose a Trustee in California?

Very carefully – this important decision can protect loved ones and ensure they have adequate resources. A trustee is responsible for managing …

Am I Entitled to Overtime Pay in California?

Any employer who is covered by California’s Labor Code Section 510 must pay overtime to eligible workers. But who is an eligible worker? Many …

Can I Get Power of Attorney in California For My Parents If They Can’t Make Decisions?

The simple answer is no. If California, your parents can name you as their Agent under a Power of Attorney, but you cannot get it unless they give it …

When Can I Sue for Workplace Sexual Harassment in California?

First, it is important to note that time is of the essence. While there are several steps you should take to ensure your rights if you’ve been …

What damages can I recover in a wrongful termination lawsuit in California?

Before answering this question, let's first discuss what wrongful termination is. In California, most employees hold their jobs on an …

Can I sue my employer for discrimination in California?

It took decades to accomplish, but with the passage of the Civil Rights Act of 1964, Congress finally took steps to end discrimination in the U.S. …

Can I Sue My Employer for Sexual Harassment in California?

In California, no employee has to tolerate sexual harassment in the workplace. It’s a violation of Title VII of the Civil Rights Act of 1964 …

Do you need a lawyer for a surrogate in California?

It is highly recommended that all parties involved in a surrogacy matter have independent counsel. This ensures that each party has an advocate when …

How much does a typical divorce lawyer cost in California?

The cost of a divorce is highly dependent on whether or not any of the issues in your case can be resolved by agreement or if a judge will need to be …

How long does a divorce take in California?

In California, a court cannot finalize your divorce prior to six months from when jurisdiction was acquired on the other party. However, depending on …

How do I find a divorce lawyer in California?

Finding the right divorce or family law attorney in California can seem difficult. There are many factors to look at when choosing an attorney, …

How long does Probate take in California?

Probate of an estate in California can take as little as nine months; however, that would be considered fast. On average they take a year to a year …

How do I contest a trust in California?

A trust contest is typically filed on behalf of a contestant when he or she has concerns with the distribution provisions of the trust. For …

What can I do if the trustee of a California trust will not provide me with information?

An heir or beneficiary of a trust is entitled to certain information about the trust from the trustee, including a copy of the trust once the trustor …

How much does a trust or will cost in California?

A revocable living trust can vary in cost, depending on the complexity of the estate plan, size of the estate and whether it is for a single person …

Can I sue for elder financial abuse in California?

Suing for financial elder abuse requires first that the claimant is in a legal position to make a claim — he or she must have standing to sue. …

What if I suspect elder financial abuse is occurring in California?

You should report it to local agencies tasked with protecting seniors, including but not limited to local law enforcement and Adult Protective …

How Can I Avoid Litigation In My California Business, And What Do I Do When I’ve Been Sued?

As a California business owner, whether you run a large business or a small “mom-and-pop” establishment, disputes are …

What Can I Do If I Have A Dispute About The Purchase Or Sale Of A California Business?

Disputes arising from the purchase or sale of a business are common, but can often be resolved quickly with the guidance of dependable legal …

In California, do I have to be paid for all the time I spend at work?

A: If you are an employee in California, you are entitled to be paid in full, and on time, for all the work you do and all the time that you …

What are the elements of a whistleblower retaliation case in California?

In California, there are two principal statutes which are designed to protect whistleblowers from retaliation in the workplace. These are Labor Code …

How much do you get for pain and suffering in a car accident in California?

Unfortunately, there is no rule or law when it comes to evaluating pain and suffering. In fact, in some cases, such as a car accident, two people …

What Constitutes Undue Influence in California?

How do older adults in California make decisions about important financial issues and healthcare matters? And when should we worry that they may have …

Do I Need A Lawyer For Probate In California?

If you have recently lost a loved one, and have been named as an executor or executrix of the estate in California, you likely have many questions …

Has Someone You Know in California Been a Victim of Elder Abuse?

When you have an elderly loved one who cannot live on his or her own any longer, it can be frustrating to question whether they’re receiving …

How to hire a personal injury attorney and what to consider when making that decision in California?

There are several factors that I feel are important when considered who to hire for a personal injury claim. That is different from the question …

Can I make an injury claim and sue if I’m injured in a car accident in California?

Yes. If you sustain injuries in a motor vehicle collision in California, then you can make a claim against the at-fault driver’s …

What is 'ERISA,' and what does it have to do with my long-term disability (LTD) benefits in California?

What is 'ERISA,' and what does it have to do with my long-term disability (LTD) benefits?ERISA is an acronym for the Employee Retirement …

What are my rights in California regarding breast-feeding and/or pumping when I return to work?

Generally, an employer must accommodate an employee's right to pump upon her return to work. This essentially requires a private place to …

Can I sue for will or trust fraud in California?

Yes. In California, there are several types of will and trust fraud. One common type of trust fraud involves a situation where the trustee engages in …

How do I file a Complaint against a nursing home in California?

There are several types of complaint you should consider filing, and I will discuss each in turn.In California, most nursing homes are regulated by …

I live in California and may have been exposed to carbon monoxide. What is the first thing I should do? What are the long term effects of carbon monoxide poisoning?

Because carbon monoxide is impossible to see, taste or smell, you may only suspect you have been poisoned when you experience any one or more of the …

What is a fair settlement for a car accident in California?

Obtaining a fair settlement for a car accident in California is a complex task. Many of the California automobile insurance carriers have computer …

How do I file a wrongful death lawsuit in California?

Once you determine that you have a legal right to seek damages against a defendant arising from the wrongful death of a relative, then filing a …

How do I sue for a car accident injury in California?

Typically, the first step in preparing to file a lawsuit for personal injuries suffered in a car accident is to obtain a copy of the police report. …

How much is my case worth for a car accident in California?

The value of a car accident case depends on a number of factors. Very often one of the key factors is the amount of the damage to the vehicle. If the …

What is my case worth for personal injury in California?

A personal injury case in California can be worth anywhere from thousands of dollars to multiple millions of dollars, depending upon the severity of …

Can a Driving Under the Influence (DUI) conviction affect my professional license in California?

Can a Driving Under the Influence (DUI) conviction affect my professional license?Driving Under the Influence (DUI) has consequences that many of us …

How does a Conviction affect my professional lIcense in the State of California?

In the State of California, a conviction can have severe implications for your professional career.Whether you are seeking a license from a …

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