Skip to main content
Hans Albert Gillinger

Hans Gillinger’s Answers

77 total

  • Can police enter my house without my consent?

    I was inside my house when police knocked at the door. I decided to not answer the door. Still they entered the house saying that my husband invited them. My husband wasn't actually inside the house when he invited them; he was standing in fro...

    Hans’s Answer

    Your husband can consent to the search.

    See question 
  • Is it legal for law enforcement to watch you do the crime and arrest you afterwards?

    If the law enforcement watch you doing the crime taken place and then they come arrest you after crime is past few minutes, is that legal arrest?

    Hans’s Answer

    Yes, it is legal.

    See question 
  • Child starting Private Catholic School in Fall as a Kindergardner. I no longer have the money- can I be forced to pay?

    Current 50/50 schedule. School was agreed by parents but mom will not change schedule and wants dad to handle all transport of child maintaing 2-2-3 at a one way distance of 45 miles. Dad is looking for work and due to some necessary dental work c...

    Hans’s Answer

    Your question is a bit confusing, as it is unclear who the "other party" is who has a job/inheritance. Private schools are in the service industry just as much as private schools are in the business of education. As with any services, your right to performance from another is contingent upon your payment (or performance).
    Review your tuition contract with the school; in this situation, it likely will provide the following: 1) the school's right to keep the $700.00 you have paid to date, 2) the school's right to collect the unpaid balance (i.e. $3,740.00) that remains after some specified date, 3) that you have until some specified date to get out of the contract (but may not require money to be returned to you). Terms such as numbers 1) and 2) are common and enforceable. You should check your contract immediately as to point 3) to see if you have time to get out of your contract.

    The fact that the private school is Catholic doesn't change the above or the law applicable to your scenario.

    See question 
  • Can a private school seize books from a student's locker, not return them, and sell them?

    My son's school had a standing policy that student's had a week to remove their books from their lockers but they changed it this year without notifying students, to that they had to had them out by the day after school ended. Now the school took ...

    Hans’s Answer

    With private schools, contract is king. Review your tuition contract to see if it speaks to this scenario, focusing on the school's expectations of students/year's end logistics. Said contract likely allows the school to give notice of this change to the students without the need to notify parents separately. If so, and your child was notified, the school likely acted within its rights when it took the books. This new rule sounds like a trap for the unwary family, and equity abhors forfeiture; consider approaching your school from the standpoint of "the customer" and point out the foregoing. That is your power with respect to private schools.

    Good luck!

    See question 
  • Can my autistic child have the school district provide an in-home program?

    Without going into detail, the class is a mixed bag of skills, behavior, etc. and my child needs specialized attention and is very delayed.

    Hans’s Answer

    • Selected as best answer

    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 the more restictive in-home ABA placemement to the offered school program and consider the relative academic benefits, non-academic benefits (social, emotional, etc.), the disruptive influance of your child to his own learning and that of others, and cost.

    You can't demand a methodology directly, but you can make sure to request enough goals that it would be difficult for the school to adjust those in a typical school program. You can also request regular updates and data on an on-going basis. Many school districts now have ABA school based programs for children with autism. So make sure you find out details on what your district has to offer. has good information on getting services for your child, advocating and case law on other parents who have taken districts to court for ABA programs.
    Also has some information on trying to get services from your insurance company. This website is based on California law but has some links for other states and resources. Good luck!

    See question 
  • Can we sue our landlord after he has sued us for back rent?

    The reason we with held rent was because of the toxic black mold we tested with a home test, and a few other things he did fix right or he didn't fix at all.

    Hans’s Answer

    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!

    See question 
  • What is the risk of not accepting a 998 offer?

    Fired because of discrimination b / c of pregnancy while out on flam after gave birth . Had not used all flam time , but they said I did . They admit they were wrong and want to settle . Earned $ 85 , 000 per year plus full benefits . Beca...

    Hans’s Answer

    An Offer made pursuant to Code of Civil Procedure, §998 will remain open for the period of time specified therein. If the offer is not accepted and the action proceeds to trial and the plaintiff does not obtain a more favorable judgment, defendant is entitled to avail himself/herself of all rights and remedies provided in Code of Civil Procedure, §998, including but not limited to an award of his/her costs of suit and/ or his/her reasonable expert witness fees incurred in the preparation for and trial of the action.

    See question 
  • I am a parent of one of san antonio's school districts and yesterday I fell in the hallway due to water from the water fountain.

    No one offered to help however, a teacher was fast to get paper towels to clean it up. As I walked out there was water from my sons class all the way to were I fell and beyond the spot. My knee is pretty banged Up. I got a call from Their insur...

    Hans’s Answer

    In a word, no. It is best to get legal advice from an attorney and not from a potential defendant you may sue! A fundamental principle of the Tort Claims Act is that public entities are liable only to the extent provided by statute. Govt. C. §815. This code section abolishes all common law or judicially declared forms of liability for public entities. Brown v. Poway Unified Sch. Dist. (1993) 4 C4th 820, 829. Public entity liability for dangerous property conditions is not based on respondeat superior. Nishihama v. City & County of San Francisco (2001) 93 Cal.App.4th 298, 302. Instead, liability depends on proof of the requisite statutory elements. (Govt. C. §§830-835.4 for entity liability; Govt. C. §§840-840.6 for employee liability.) In an action against an entity for dangerous condition, a plaintiff is not required to plead and prove that any specific employee of the entity was responsible for the dangerous condition. Hibbs v. Los Angeles County Flood Control Dist. (1967) 252 Cal.App.2d 166, 172. Additionally, a public entities liability based on a dangerous condition of public property does not vary with the status of the plaintiff as invitee, licensee or trespasser. Roland v. Christian (1968) 69 Cal.2d 108, 119. Govt. C. §830(a) defines “dangerous condition” as “a condition of property that creates a substantial (as distinguished from a minor, trivial or insignificant) risk of injury when such property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used.” As an alternative to liability for creation of a dangerous condition, Govt. C. §835(b) provides that liability exists when the public entity “had actual or constructive notice of the dangerous condition . . . a sufficient time prior to the injury to have taken measures to protect against the dangerous condition.” It is applicable when a dangerous condition is not created by the entity or its employees. Brown v. Poway Unified Sch. Dist., supra., 4 Cal.4th at 836. Under Govt. C. §835(b), the plaintiff has the burden of proving that the public entity had actual or constructive notice of the dangerous condition and that such notice was received a sufficient time before the injury to allow the public entity to take measures to protect the plaintiff.
    Briggs v. State (1971) 14 Cal.App.3d 489, 494. The plaintiff’s failure to establish either actual or constructive notice under Govt. C. §835(b) is fatal to recovery. Van Kempen v. Hayward Area Park, Recreation & Park Dist. (1972) 23 Cal.App.3d 822, 827. To prove that a public entity received actual notice of a dangerous condition within the meaning of Govt. C. §835(b), the plaintiff must show evidence of the following two facts under Govt. C. §835.2(a):
    That the public entity “had actual knowledge of the existence of the condition”: and
    That the public entity “knew or should have known of its dangerous character.” Constructive notice of a dangerous condition is an alternative to actual notice as a basis for governmental tort liability under Govt. C. §835(b). As with actual notice, the plaintiff has the burden of proof on the issue of constructive notice. Govt. C. §835.2.
    Under Govt. C. §835(b), a public entity has constructive notice of a dangerous condition only if the plaintiff proves that the condition has existed “for such a period of time and was of such an obvious nature that the public entity, in the exercise of due care, should have discovered the condition and its dangerous character.” Gentekos v. City and County of San Francisco (1958) 163 Cal.App.2d 691, 697.
    Constructive notice may be proved by various types of evidence, including reports of similar accidents at the site, complaints about the condition, governmental studies prepared by the public entity and application of the “reasonable inspection” test. The ultimate proof of constructive notice is whether the entity “in the exercise of due care” by inspections or otherwise should have discovered it.

    See question 
  • What is the proposed judgment form number in Calif?

    I received a rejection slip from th clerk telling me to submit a proposed judgment form . Is this # JUD - 100 and if so do i fill in items 6 ( a ) 1 - 6 ?

    Hans’s Answer

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

    See question 
  • Where does my lawyer need to be licensed to practiced for my case?

    I filed a complaint with the EEOC and they ruled in my favor company rejected my offer and low balled the hell out of it now I want to file a lawsuit . I'm from TN , the incident occurred in KY , but the main company is located in PA . Where d...

    Hans’s Answer

    Your question raises the concept of "Venue."

    The term venue refers to a proper place (county or judicial district) in which to file a lawsuit. Venue rules are developed by state courts to protect the defendant from having a case filed in an inconvenient court (for example, at the other end of the state).

    Finding the Proper Venue

    For venue purposes, the correct judicial district can normally be the district in which:
    • The defendant resides or does business
    • A contract was signed
    • A contract was to be carried out
    • An auto accident took place, or
    • Other events leading up to the lawsuit took place.

    Choosing a Venue:
    More than one judicial district can be the correct venue for a lawsuit. Lawyers call the process of deciding which court is best for a plaintiff's case "forum shopping." As long as you abide by the above rules, you can choose the court most convenient to you. But if you don't want the defendant to object to your choice, you may want to file the lawsuit in the court closest to where defendant lives or does business.

    Select your preferred venue and then pick an attorney licensed in that state.

    See question