Hans Albert Gillinger’s Answers

Hans Albert Gillinger

Chatsworth Education Law Attorney.

Contributor Level 15
  1. What is the proposed judgment form number in Calif?

    Answered over 1 year ago.

    1. Hans Albert Gillinger
    2. Frank Wei-Hong Chen
    3. Constantine D. Buzunis
    3 lawyer answers

    I agree with Mr. Chen. I have included the link to the form you seek. Good luck!

    9 lawyers agreed with this answer

    2 people marked this answer as helpful

  2. Does a Police officer have a right to a search my vehicle

    Answered over 1 year ago.

    1. Hans Albert Gillinger
    2. Joseph Briscoe Dane
    3. David B Pittman
    3 lawyer answers

    It appears from your fact pattern that the police must obtain a warrant to conduct the search. The police can always ask for your consent to search the vehicle (or anything), and the police do not need to make a threshold evidentiary showing in order to ask for consent to search. You thus would also have a right - the right to decline to give your consent to the search. Good luck!

    Selected as best answer

  3. Can my autistic child have the school district provide an in-home program?

    Answered about 1 year ago.

    1. Hans Albert Gillinger
    2. Daphne Lori Macklin
    3. Antoinette Cara Liewen
    3 lawyer answers

    The IDEA requires that your school district provide your child with a free appropriate public education (FAPE). The IDEA also requires that your school district place your child in the least restrictive environment (LRE). Thus, if your child requires an in-home ABA program in order to benefit, both academically and nonacademically, your school district must provide an in-home ABA program. Remember, an in-home program is more restrictive than a school-based program. As such, one must compare...

    Selected as best answer

  4. Can we sue our landlord after he has sued us for back rent?

    Answered over 1 year ago.

    1. Hans Albert Gillinger
    2. Malosack Berjis
    3. Adrienne Patricia Allen
    3 lawyer answers

    You may bring your own action against the landlord on the theory that the toxic mold and other broken items denied you your implied warranty of habitability. You must show that these matters actually prevented you from use of the property for this type of claim. If you prevail, essentially a set-off will occur between the value of rent for periods you were denied posession (not habitable) and the total amout of back rent owed by you. Good luck!

    6 lawyers agreed with this answer

  5. Can they exclude my special needs child from field trips?

    Answered about 2 years ago.

    1. Hans Albert Gillinger
    2. Todd Bruce Kotler
    3. Christopher Houston Schulz
    3 lawyer answers

    This is not legal advice. Instead, I include various background legal concepts implicated by your question. Section 504 and Title II of the ADA are broad civil rights statutes designed to promote equal access to and participation in programs and services. The regulations implementing these laws require that students with disabilities receive benefits and services comparable to those given their nondisabled peers. Specifically, these laws make it illegal for schools to discriminate on the...

    6 lawyers agreed with this answer

  6. I'm being accused of invasion of privacy for looking between the slats of a fence. Is this illegal in CA

    Answered 10 months ago.

    1. Hans Albert Gillinger
    2. Matthew William Hoffmann
    3. Athina Karamanlis Powers
    3 lawyer answers

    The other respondents to your inquiry are correct - your action was lawful because you had a legal right to stand where you did. One cannot claim a privacy interest in something that they display for the world to see. You are fine.

    Selected as best answer

  7. What do you need to prove in a civil rights case to win?

    Answered 10 months ago.

    1. Hans Albert Gillinger
    2. Abraham P Mathew
    3. Samuel Cohen
    3 lawyer answers

    I agree that you need more facts to get the answer you seek. Section 1983 of Title 42 of the U.S. Code is part of the civil rights act of 1871, and is typically what folks mean when they say a "civil rights case." Section 1983 provides: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the...

    Selected as best answer

  8. Can some one serve you court papers while you are at court?

    Answered about 2 years ago.

    1. Hans Albert Gillinger
    2. Theodore Lyons Araujo
    3. Frank Wei-Hong Chen
    4. John Noah Kitta
    4 lawyer answers

    This is not legal advice, and this response does not create an attorney client relationship. My colleauge is generally correct in answering "yes." As with all things in the law, exceptions exist. An out-of-state/nonresident defendant specially appearing to contest personal jurisdiction cannot be properly served while in the state for this purpose. Another exception is that an out-of-state/nonresident witness that is under subpoena to testify in the state cannot be properly served...

    4 lawyers agreed with this answer

  9. Notice of Rulings

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Kevin Samuel Sullivan
    3. Hans Albert Gillinger
    3 lawyer answers

    This is not legal advice and this response does not create an attorney client relationship. I agree with Mr. Chen, but add a couple of observations for next time. Following the next hearing, consider agreeing to "waive notice;" if all parties are present or represented at the hearing, they can agree to waive notice such that nobody must give notice of the ruling. Alternatively, consider asking the court if the other party can give notice, especially if the other party is represented...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. What happens if my boyfriend runs way away from group home but hes already 18?

    Answered about 2 years ago.

    1. Michael Leighton D'Antoni
    2. Hans Albert Gillinger
    3. Tai Christopher Bogan
    4. Autumn Renee Paine
    5. Jennifer Anne Fitzgerald
    5 lawyer answers

    This is not legal advice and this response does not create an attorney client relationship. The answer depends on how he was placed in the group home. The implication from your question is that the group home placement was ordered by a juvenile court in connection with a delinquency matter. If so, I agree with the other attorneys' answer that a bench warrant will issue for his arrest. If, however, his placement was ordered by a juvenile court in connection with a dependency proceeding,...

    3 lawyers agreed with this answer

818-356-7165