Hans Albert Gillinger’s Answers

Hans Albert Gillinger

Chatsworth Education Law Attorney.

Contributor Level 15
  1. How do I go about legally obtaining personal property that belongs to me and is being held by another person?

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Patricia Ann Teunisse
    3. Hans Albert Gillinger
    4. Robert Bruce Kopelson
    4 lawyer answers

    I agree with the first attorney's response, and expand slightly on your options for relief. You can either seek to recover your property (an action in Replevin), or damages that equal the either the total value of your property or the cost to you from disposession of your property (an action for trespass, trover, or conversion). It sounds like you want your things back, so you will need to seek a writ of replevin Replevin is a long-standing summary process, by which a man out of whose...

    2 lawyers agreed with this answer

  2. Does a Pending Appeal Stay Enforcement of a Money Judgement?

    Answered about 2 years ago.

    1. Catherine Elizabeth Bennett
    2. George William Wolff
    3. Frank Wei-Hong Chen
    4. Herb Fox
    5. Hans Albert Gillinger
    5 lawyer answers

    No, generally not. You can file a motion to stay enforcement pending appeal with either the trial court or court of appeal. You will likely need to make a showing to the court of probability of success on appeal or some other good reason for the court to issue a stay of this type. Good luck.

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  3. Religion being taught to my daughter at a public school?

    Answered about 2 years ago.

    1. Christine C McCall
    2. Hans Albert Gillinger
    3. Michael Charles Doland
    4. Dave Bahr
    4 lawyer answers

    A few background legal concepts should be considered. The First Amendment’s “establishment of religion clause” prohibits the government from enacting a law or sponsoring an activity that has the purpose of advancing religion. Under the endorsement test, the government may not engage in activities that: (1) are excessively entangled with religious institutions; or (2) endorse or disapprove of religion. In 1992, the Court formulated the coercion test when it held unconstitutional the practice...

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  4. Can a school principal look at my son's phone without my permission?

    Answered over 1 year ago.

    1. Hans Albert Gillinger
    2. Christine C McCall
    2 lawyer answers

    The answer to whether a public school principal conduct a search of your son's phone and pockets any time he sees fit is technically no, although my colleague is correct in noting that the standard to justify this intrusion is low. The law of the land is that public school students have a reduced expectation of privacy while at school, but the US Supreme Court artfully said that a public school student does not shed his rights when he walks through the school house door. In New Jersey...

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  5. Is it noise disturbance if mi not over a certain sound decibel

    Answered over 1 year ago.

    1. Hans Albert Gillinger
    2. Nicholas Basil Spirtos
    2 lawyer answers

    The answer to your question is no. The authorities consider relevant factors such as proximity to others, time of day/night, whether it is a holiday, criminal activity at the location, etc. Also, this is not a civil rights question, so be sure you note the correct practice area(s) to get the response you want.

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  6. How do I file an Adjudication of Facts of Parentage in CA?

    Answered over 1 year ago.

    1. Donald Frederick Conviser
    2. Diamond B Tran
    3. Hans Albert Gillinger
    3 lawyer answers

    This is not legal advice and this response does not create an attorney client relationship between this office/me and an other person or entity. I have linked the documents you will need. Form FL-200 is the main document you are looking for. The second linked document, FL-105, must be completed and filed with the FL-220. The third linked document is sometimes required depending on your situation, so please see if FL-105(A) applies to you and yours. The final linked...

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  7. Individual defendant's contacts with forum state.

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Hans Albert Gillinger
    2 lawyer answers

    I agree with Mr. Chen's answer. Is there any need to name the husband, as it sounds like your issue may be able to be addressed without him? Mr. Chen is correct about the relevant time for analyzing minimum contacts; however, the time the cause of action accrued is not the answer to every question. For instance, venue is determined at the time the lawsuit is filed. Good luck!

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  8. Did my son's school district violate his rights?

    Answered over 1 year ago.

    1. Hans Albert Gillinger
    2. Jonathan Seth Corchnoy
    3. Janina Dawn Botchis
    3 lawyer answers

    This is not legal advice and my response does not create an attorney client relationship between this office/me and any other person. I agree with the initial response to your question, which recommended seeking eligibility under the IDEA for greater protections that are available for school discipline matters than are extended to Section 504 eligible pupils. Unlike the IDEA, Section 504 manifestation determinations (MD) are required only upon a "significant change in placement;" a...

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  9. Is it legal for law enforcement to watch you do the crime and arrest you afterwards?

    Answered about 1 year ago.

    1. Mark M Cheser
    2. Benjamin G Kelsen
    3. Leonard Roy Boyer
    4. Allan E Richardson
    5. Rixon Charles Rafter III
    6. ···
    6 lawyer answers

    Yes, it is legal.

    3 lawyers agreed with this answer

  10. Constitutional law limitations

    Answered over 1 year ago.

    1. Hans Albert Gillinger
    2. Gray Richard Proctor
    3. William Charles Sipio
    4. Joel B. Sklar
    4 lawyer answers

    This is not legal advice and my response does not create an attorney client relationship between my office or me and the person posing this question. There are many types of claims that are logical to think of as related to constitutional law. Typically, people think of civil rights claims, and determining the applicable statute of limitations (SOL) for such claims is not always a straight forward matter. For instance the Americans with Disabilities Act of 1990 (ADA) and the...

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