California Legal Answers

Find Answers in California by Legal Issue

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 …

Answered by Christopher J. McCann

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 …

Answered by Christopher J. McCann

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 …

Answered by Marshall Waller

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 …

Answered by Harold J. Stanton

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 …

Answered by Stanley D. Saltzman

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 …

Answered by Stanley D. Saltzman

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 …

Answered by Daniel J. Kessler

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 …

Answered by Jeffrey Lewis

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, …

Answered by Patricio T. D. "Pat" Barrera

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 …

Answered by Patricio T. D. "Pat" Barrera

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, …

Answered by Frank N. Darras

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 …

Answered by Alton G. Burkhalter

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 …

Answered by Kiana Moradi

What remedies are available to a California resident who is involved in an interstate or international custody dispute?

Decisions regarding children and custody are among the most difficult to make when parents divorce or end a nonmarital relationship. They can also be …

Answered by Maya Shulman

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 …

Answered by Rahul Ravipudi

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 …

Answered by Keith Philip More

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 …

Answered by Keith Philip More

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 …

Answered by Gregory L. Bentley

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 …

Answered by Gregory L. Bentley

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 …

Answered by Gregory L. Bentley

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 …

Answered by Terrence J. Coleman

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 …

Answered by Terrence J. Coleman

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 …

Answered by Shawn Lalezary

How is child custody determined in California?

When children are involved in a couple’s divorce, the question of child custody is one of the most important issues to be decided. Due to the …

Answered by Christopher R. Abernathy

How is child support determined in California?

In California, each child is entitled by law to financial support from both his or her parents. When two parents are not raising a child together, …

Answered by Christopher R. Abernathy

How Is Property Divided In A Divorce In California?

The parties to a divorce can divide their property in any manner that they agree upon. However, if they cannot agree upon the division of their …

Answered by Lawrence S. Viola

How Do I Get Custody in a California Divorce?

The simple answer: the parenting plan matters most. Do not get caught up in the terms. Child custody has two parts: legal custody and physical …

Answered by Brian A. Victor

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 …

Answered by Mark B. Wilson

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 …

Answered by Mark B. Wilson

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 …

Answered by Mark B. Wilson

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 …

Answered by Mark B. Wilson

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 …

Answered by Mark B. Wilson

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 …

Answered by Matthew D. Easton

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, …

Answered by Matthew D. Easton

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 …

Answered by Matthew D. Easton

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 …

Answered by Matthew D. Easton

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 …

Answered by Matthew D. Easton

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 …

Answered by Christopher J. McCann

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 …

Answered by Raymond E. Hane, III

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. …

Answered by Marcelo A. Dieguez

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 …

Answered by Raymond E. Hane, III

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 …

Answered by David S. Galperson

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 …

Answered by David S. Galperson

Are ESOPs right for California breweries?

The San Diego area is renowned as the headquarters of more than 150 breweries, earning it the nickname of the “Craft Beer Capitol” of the …

Answered by Marc S. Schechter

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 …

Answered by Sibylle Grebe

What are the pitfalls of commercial leases and purchase and sales in California?

Matters related to commercial real estate leases and purchase and sale of commercial property are complex. For anyone unfamiliar with the nuances of …

Answered by Michael Schachter

Should I incorporate in California?

The term “incorporation” means that your business is in a corporate entity (i.e., Limited Liability Company or corporation) as opposed to …

Answered by Michael Schachter

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 …

Answered by Stephen C. Ball

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 …

Answered by Stephen C. Ball

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 …

Answered by Stephen C. Ball

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 …

Answered by Stephen C. Ball

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 …

Answered by Stephen C. Ball

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 …

Answered by Joshua C. Cohen

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 …

Answered by Sibylle Grebe

How do I file a workers’ compensation claim in California?

First and foremost, have you reported your injury to your employer? That’s the first thing you want to do. Your employer is then legally …

Answered by Steven W. Martin

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 …

Answered by Brent S. Buchsbaum

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 …

Answered by Sibylle Grebe

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 …

Answered by Todd M. Friedman

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 …

Answered by Brent S. Buchsbaum

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. …

Answered by Brent S. Buchsbaum

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 …

Answered by Brent S. Buchsbaum

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 …

Answered by R. Brent Wisner

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 …

Answered by R. Brent Wisner

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 …

Answered by A. Ilyas Akbari

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 …

Answered by Nicole K.H. Maldonado

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 …

Answered by Bijan Esfandiari

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 …

Answered by A. Ilyas Akbari

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 …

Answered by Nicole K.H. Maldonado

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 …

Answered by Dolores A. Contreras

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 …

Answered by Dolores A. Contreras

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 …

Answered by Dolores A. Contreras

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, …

Answered by Dolores A. Contreras

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 …

Answered by Kimberly D. Neilson

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 …

Answered by Kimberly D. Neilson

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 …

Answered by Kimberly D. Neilson

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 …

Answered by Kimberly D. Neilson

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. …

Answered by Kimberly D. Neilson

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 …

Answered by Kimberly D. Neilson

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 …

Answered by Howard Rutten

What Is the Law on Prevailing Wages in California?

Labor and Business Compliance for EmployersIt is becoming increasingly more difficult for employers to operate in California due to the complexity of …

Answered by Scott Miller

In California, What Should I Look For In A Lawyer Handling Serious Injury Cases?

I’ve been taking on the most serious injury cases for 20 years, and I can tell you from personal experience that the lawyer you choose to …

Answered by Michael E. Gatto

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 …

Answered by Steve Coopersmith

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 …

Answered by Steve Coopersmith

What Should I Do To Protect My Legal Rights After A Car Accident In California?

There are two primary concerns you should have after a car accident. The first and most important is simply getting the medical attention you need, …

Answered by Daniel J. Rafii

How Do I Know If A California Debt Collector is Breaking The Law?

In general, if you feel like a debt collector has taken an action that may be against the law, then it’s worth your time to check with a lawyer …

Answered by Todd M. Friedman

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 …

Answered by Donn Taketa

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 …

Answered by Michael J. Faber

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 …

Answered by Daniel R. Tamez

Do I Need A Lawyer For A Trust In California?

A revocable living trust is a popular estate planning option for many California residents. A trust can offer greater flexibility and privacy with …

Answered by David Ostrove

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 …

Answered by Jeffrey Forer

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 …

Answered by Jeffrey Forer

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 …

Answered by Jeffrey Forer

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 …

Answered by Daniel R. Tamez

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 …

Answered by Daniel R. Tamez

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 …

Answered by Daniel R. Tamez

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 …

Answered by Glenn R. Kantor

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 …

Answered by Christopher R. LeClerc

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 …

Answered by Natasha Chesler

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 …

Answered by Lee S. Harris

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 …

Answered by Joel R. Bryant

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 …

Answered by Joel R. Bryant

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 …

Answered by Patrick E. Bailey

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 …

Answered by James P. Larsen

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 …

Answered by James P. Larsen

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. …

Answered by James P. Larsen

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 …

Answered by James P. Larsen

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 …

Answered by James P. Larsen

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 …

Answered by Scott J. Corwin

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 …

Answered by Scott J. Corwin

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 …

Answered by Scott J. Corwin

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 …

Answered by Scott J. Harris

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 …

Answered by Scott J. Harris

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