Bruce David Abel's Answers

What is the CA criminal code for bad check writing

Penal Code Section 476 a deals with bad check writing. You should go to your local library and look up the statute. This format does not allow enough space for me to include it. Also look up Penal Code Section 1001.63 dealing with bad checks. Also, California Civil Code Section 1719 provides the detail and information for the written demand for payment following dishonor of a check. Below is the Notice portion of that statute which deals with demand for payment after a check has been...

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How do you find out if someone has filed a lawsuit on you?

In most California counties, including Los Angeles, the courts have implemented fast track rules to comply with the California Government cases to move cases along in an order and efficient manner. Under these rules, a summons and complaint is supposed to be served on the defendant within 60 days of filing the complaint. Under this rule, if you were sued, you should be served within 2 months of when the plaintiff filed his or her lawsuit. Sometimes, a plaintiff will claim that personal...

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Minors were arrested for stealing, what are consequences under CA juvenile criminal laws

If a minor is convicted to or enters a plea of no contest or guilt to petty theft, then the minor can be sentenced by the Juvenile Court. From the question, it doesn't seem as though there is a viable defense, but there may be. The amount stolen is small and would be considered petty theft. The Juvenile Court system is designed to rehabilitate offenders and given minors a second chance. Often the court will require a probation report. The minor and possibly the parents would be...

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Is $1,000 - $2,000 a fair price to pay to have a "transfer of ownership" contract drawn up?

You should be dealing with attorney not a paralegal. Important legal considerations are involved in this matter. A bulk sale publication probably needs to be made. There could be issues with creditors that cannot be discarded simply because ownership changes. Proper notification for those who may owe money to the sole proprietorship have to be done. You will need to form a new business entity, get a tax number, file a fictitious business statement, get a business license, and you also need...

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Are Student Loans Community Debt?

California is a community property state which means that income assets acquired and debts incurred during the community are assets and liabilities respectively of the community. I can't tell if you are talking about two different debts. One debt arising out a student loan and another debt for a corporate project. Assuming both were incurred during the marriage, they are probably community debts. The documents would have to be reviewed in addition to other factors. When you retain...

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Employer lied at Unemployment Insurance Hearing - What can one do?

My suggestion is that you consider a different avenue for relief. You don't mention what type of discrimination you suffered; however, if you were discriminated against because of your race, age, gender, national origin, religion, medical condition, physical disability or were sexually harassed, that would be a violation of the California Government Code known as the Fair Employment and Housing Act (FEHA) . Retaliation against an employee for reporting unlawful discrimination is another...

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Am I personally liable in a lawsuit against LLC for which I have been listed as a manager

One of the hallmarks of a Limited Liability Company is that of limited liability just as the name implies. Creditors must look to the LLC for satisfaction of debts or wrongs, unless a member or employee engaged in fraud or a criminal offense. A judgment was obtained against you apparently by default. Judgments can be set aside within a limited period of time. The time limit will vary depending on a number of facts including whether or not you received notice of the action and had an...

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Visitor visa expired can i still finish school and or work, what do i need to file with immigration USCIS

You need to seek immigration legal counsel at once. Based on the information that you provided, you are currently in the United States illegally. Do not delay. The questions you asked, should not be answered in a public forum. Do not talk to anyone about your status other than a lawyer.

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Can my daughters father legally take my 2 year old daughter and get full custody of her in a court of law?

It sounds as if you are a great parent and care deeply for your daughter and your niece and nephew. California favors parents to enjoy frequent, continuing contact with their minor children. The courts always place a priority on the best interests of the minor child. From what you describe, I don't see a court making any changes in custody; however, if there is any court custody proceeding, you should be represented by experienced family law counsel. Going out and leaving a teenager...

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What is the statute of limitations in California to sue for an unpaid invoice for freelance design work? Thank you.

The statute of limitations on an oral contract is 2 years. The statute of limitations on a written contract is 4 years. The statute of limitations on an open book account, which called a common count, is 4 years. If there was an account stated between you and the magazine, then you would still have a viable cause of action to collect the money owed to you. You didn't give the exact dates, so there also might be time to file an action for breach of an oral agreement. Of course, if there was...

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