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Matthew Paul Krupnick
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Matthew Krupnick’s Answers

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  • Can my mom come to USA to visit me if I am a citizen?

    My mom lives in Ukraine.And 5 years ago she...visa was denied. Can she try one more time?

    Matthew’s Answer

    Yes she can try. Would need a lot more info to be more helpful.

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  • I want to fire my contractor. I want to use the grounds that the contract is null.

    We owe him money, but it is less than the value of the services left to complete. The "contract" simply says INVOICE and only my signature is on it. (I realize this was my fault for "just trusting" him) Additionally it's in violation of almost ev...

    Matthew’s Answer

    Have you filed a lawsuit yet? That will entitle you to the discovery/info you desire.

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  • Do I have a case for sexual discrimination?

    At my job where I've only been there for two weeks, I've noticed that my boss treats women different than the men employees. My boss is a male of middle eastern origins and it is me and one other female worker and the other employees are male. I n...

    Matthew’s Answer

    The basic answer is yes you could potentially have a lawsuit against your boss and the company (as could your fellow female co-workers and even some of the ex employees that were fired and/or discriminated against for being a female, depending on whether or not they have missed the statute of limitations, or deadline). In general, gender is a protected class of people under both the California and Federal Constitutions. In California, I would recommend taking advantage of the laws provided for situations like this through FEHA and the DFEH. You can go online and get your "Right to Sue" from those entities and you have one year from the date of the last wrongful (to the extent that rises to the level of actionable under the law) act to do so. You can also have the state investigate and prosecute for you if they find that civil rights have been violated. However, I have found that it is rare that they find "findings" sufficient to take the case and even if they do you cannot get the same amount of money possible as if you had used a private attorney experienced in this area. If you get your Right to Sue and use a good private attorney, you could prevail and obtain damages that are typical to most personal injury cases except you also have the chance to get punitive damages and attorneys fees. Normally only specially causes of action permit one or the other. FEHA claims come automatically with punitive damages and attorney fees, as well as automatic expert costs (which are usually far from automatic and can only be recovered through California Code Civil Procedure Section 998.

    You also could pursue a claim through the EEOC, which is essentially the federal equivalent to FEHA. Again, I recommend staying with FEHA on the state level and to just get your Right to Sue and proceed with an experienced private trial attorney.

    Keep records of as much details as possible and keep any evidence you can obtain. These are not easy cases. The more evidence and witnesses you have, the stronger your case will be. Assuming the defendants have very deep pockets, then having more plaintiffs in your case with your lawyer will make your case stronger without running the risk of making the amount you can recover smaller like if there were limited funds and too many plaintiffs trying to recover.
    Another issue is how high up on the food chain the manager that is allegedly abusive to women is. If he is high enough to be considered a managing agent, then his actions could be automatically attributed to the company, which means that all damages you seek could be recovered from the company instead of just the boss (who won't have the deepest pockets likely).

    Books are written on questions and issues like this. I have just given you a few things to think about for informational purposes only. For actual legal advice, you would have to contact my office and come in for a free consultation. If you have any questions, call (310) 477-0404 and ask for Matthew. I'd be happy to answer any questions you have. However, again, please understand that as of now, I have not provided legal advice or created an attorney client relationship of any kind. Hopefully, I helped you with some things to think about.

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  • Slip and fall- I fell at work in a freezer that has a broken fan & other issues. I was told that 7 months ago they put a work

    order in, that they came out, they said that the issue was only condensation and so the issue wasnt fixed. I then fell several months later due to the same problem that they sent a work order in for, immediately after i fell they sent another work...

    Matthew’s Answer

    Yes. You should consult a good worker's comp attorney and possibly some government entities like Cal OSHA regarding what appears to be a willful disregard for the safety of others. If you have any injuries, you need a workers comp lawyer asap. I don't do comp law, but have a great referral if you need one. Feel free to contact me: 310-477-0404

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  • Will my ex's attorney be present at our custody mediation?

    My ex retained an attorney, and I am in pro per. I just wondered who would be present at the mediation and if it is simply for custody and child support, or if spousal support will be discussed. There have been requests for orders on all the abo...

    Matthew’s Answer

    In California, the Courts seem to handle mediations differently depending on which Court and which Judge you have. There should be documentation that you received that clearly states what issues are going to be discussed by the mediator. You can also try calling the Court department your case is in and ask the clerk for this information. You could also try getting a hold of the mediator for questions too.

    As for attorneys, first, let me recommend that you retain one as soon as possible. If your husband has one that knows what he is doing, he can have a tremendous advantage over you and you could lose all or parts of your case based on procedural issues that attorneys understand that non-attorneys do not. As for the mediation, some courts want the attorneys present, some want them involved, some don't want them there at all and just want the parties (i.e. you and your husband) alone without attorneys. You should have received instructions either in writing or from the Court, but again, call and ask if you are unsure.

    Also, do what you can to get an attorney if you and your husband are not agreeing on most things and there is a possibility of the Court making orders and/or having the case go through the trial process. It is difficult even for attorneys sometimes to handle all of the rules, guidelines, evidentiary issues, etc. I know lawyers are not cheap, but this is one area where you might want to consider spending some money on an attorney to make sure you are fairly represented when you have your day in court.

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  • What is the first thing a US citizen must do if his marriage with a newly entered immigrant does not work out?

    It was an arrange marriage based on good faith. However, the groom did not know that the Bride was pressured by her family to marry him. The Bride is a lesbian did not tell her family because it is not acceptable in her country. The Bride did n...

    Matthew’s Answer

    This is a very tough situation. Was a lawyer involved in the process. For each of them? Did they know the real reason for the marriage? I would be forcing the lawyers to broker a deal. Just be careful no one winds up in jail over this. It is not to be taken lightly.

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  • Is it considered negligence if my ex wife did not take my child to the doctor after a fender bender?

    Supposedly they were not hit hard but when I found out the following day ,I took my child to the doctor and she was diagnosed with light concussion. She did not intend to take her to the doctor at all .Only to a chiropractor for car insurance clai...

    Matthew’s Answer

    • Selected as best answer

    If you are talking about a personal injury case, it is going to be tough since she at least took them to a chiro. If it was a small accident, you will hear insurance companies tell you that kids bounce back just fine. Yours didn't though. She got a concussion, which is serious. Is it negligence on the part of your wife? Tough call. Did she call an advice nurse at Kaiser for example to get an opinion?

    If this were a family law case, I would say it gives you great ammo for the custody dispute that she is not truly concerned about the "best interests of the child".

    Best of luck.

    Matthew Paul Krupnick

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  • I am being sued for a car accident two years ago, but it is past the 2 year mark.

    Can they sue me for both personal injury and property damage?

    Matthew’s Answer

    In California, the statute of limitations for personal injuries and property damage are not the same. For injuries, pain and suffering, loss of income, medical bills, and other bills or expenses as a result of an incident is two years. For property damage, like the cost of repairing your vehicle for example, is longer. I believe it is 3 years for property damage. It is at least three, not sure about 4. Point is it sounds like the statute is blown for everything but property damage, depending on how long ago it happened.

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  • From California. When a State employer has management that is abusive, allows hostile work environment,

    coverups supervisors harassment, physical & verbal assault, lies or distorts informtion to EEOC, and a few other things, where and whom do complaints be made to? What agency besides filing a whistleblower.

    Matthew’s Answer

    Your question is a bit confusing. Are you the state employee with the complaints? On the state level you have F.E.H.A. and the federal E.E.O.C. generally, or variations thereof. There are time restrictions on when you have to obtain your right to sue from these entities, so be very cognizant of that.

    I'm afraid without more detail I would be doing you an injustice in providing anymore information. Feel free to contact me or supplement your question to clear it up significantly. I would be happy to try to help more at that point.

    Best of luck.

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