Hans Albert Gillinger’s Answers

Hans Albert Gillinger

Chatsworth Education Law Attorney.

Contributor Level 15
  1. (CONT)--This is a question(s) about my Unlawful Detainer case and specifically, is the court expecting me to "Answer"?

    Answered about 2 years ago.

    1. Hans Albert Gillinger
    1 lawyer answer

    This response is not legal advice. I am sorry to hear about your situation. I would consult an attorney to assist you with these matters ASAP. A defendant in an unlawful detainer action has but five days to file/serve a responsive pleading (such as an answer) from the date of service of the summons and complaint. As such, this is the "rule" and not the exception; this is likely why the judge didn't inform you of the five day window. It sounds like a default is around the corner....

    1 lawyer agreed with this answer

  2. Is there a way that I can get copies of my juvenile court records from being in foster care and having a guardian?

    Answered about 2 years ago.

    1. Hans Albert Gillinger
    2. Hillary Johns
    3. Graham Douglas Donath
    4. Joshua Kaizuka
    4 lawyer answers

    This is not legal advice. In California, juvenile case files are confidential except as to enumerated individuals that are not subject to the general rule requiring an order of the juvenile court permitting inspection. These exceptions aside, only a juvenile court judge can authorize access to juvenile case files, and access cannot be obtained by either civil or criminal subpoena. The juvenile is among the set of persons/entities entitled to inspect and receive a copy of a juvenile case...

    1 lawyer agreed with this answer

  3. Where can I find California's Offer of Settlement Statute code online?

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Richard Michael Laden
    3. James Michael Slominski
    4. Hans Albert Gillinger
    4 lawyer answers

    Although not legal advice, it is called a "998 offer" getting its name from section 998 of the California Code of Civil Procedure. Good luck.

    1 lawyer agreed with this answer

  4. Where does my lawyer need to be licensed to practiced for my case?

    Answered over 1 year ago.

    1. Hans Albert Gillinger
    1 lawyer 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 •...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. How to calculate the statute of limitations, which is a time limit for bringing a civil rights lawsuit/claim?

    Answered over 1 year ago.

    1. Paul D Friedman
    2. Hans Albert Gillinger
    3. Sean Michael Patrick
    3 lawyer answers

    My distinguished colleague is correct in observing that no civil rights claim are available in the absence of a governmental in the role of the wrongdoer. Statutes of limitation (SOL) are peculiar to the state in which you find yourself. In CA and in federal courts, the action "accrues" for purposes of SOL (meaning the clock starts to run on your claim period) on the date that you became aware of the facts that give rise to the claim, even if you did not understand that a claim was available...

    2 lawyers agreed with this answer

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  6. I am being horrifically targeted, intimidated and harassed at my state job and recently diagnosed with ATSD. Help!

    Answered over 1 year ago.

    1. Neil Pedersen
    2. Hans Albert Gillinger
    3. David Andrew Mallen
    3 lawyer answers

    My esteemed prior respondents have spoken the truth with respect to the legal reality suggested by your facts. This speaks to ATSD on the issue of coverage. Like PTSD, acute stress disorder is an anxiety disorder that involves a specific reaction following exposure to a traumatic event or stressor (e.g., a serious injury to oneself, witnessing an act of violence, hearing about something horrible suffered by someone to whom you are close). For a diagnosis of acute stress disorder, the...

    1 person marked this answer as helpful

  7. Education expenses, what more besides lab fees, field trips and tuition does it cover?

    Answered about 2 years ago.

    1. Hans Albert Gillinger
    2. Stuart M Nachbar
    2 lawyer answers

    This is not legal advice and this response does not create an attorney client relationship. All cites are to the California Education Code unless specified. Your writing raises several questions on many topics. Section 35183 directs the answer to your school uniform question. Pursuant to that section, individual schools can include a reasonable dress code policy as part of its school safety plan. Section 35183(d) requires any school adopting a mandatory student uniform to ensure the "...

    1 person marked this answer as helpful

  8. Can I sue my private univ. for placing me on academic probation after failing to help me secure independent financial aid?

    Answered 10 months ago.

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

    There is no negligence here on the part of the school, as described. I do not see any other types of claims available to you as against the school. Sorry.

    2 lawyers agreed with this answer

  9. Can lawfully owned property be confiscated by govt or some branch of law enforcment without criminal action warranting

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Hans Albert Gillinger
    3. Robert Pecco Baker
    3 lawyer answers

    The Fifth Amendment (Amendment V) to the United States Constitution, which is part of the Bill of Rights, provides in relevant part: "No person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Your question implicates the "regulatory takings" doctrine. Regulatory takings doctrine holds that government regulatory action that negatively affects the value--actual or potential--of private...

    2 lawyers agreed with this answer

  10. In Tarrant v Miller what is the Rule and Issue?

    Answered about 1 year ago.

    1. Nicholas Basil Spirtos
    2. Alan James Brinkmeier
    3. Hans Albert Gillinger
    3 lawyer answers

    In the case of judgment liens abstracted prior to September 1, 2007, the old law as set out in the1992 case of Tarrant Bank v. Miller (833 S.W.2D 366) applies in Texas. Tarrant decided that a judgment creditor, in this case a bank, was liable in damages if it failed after demand to give a partial release of a judgment as to the debtor´s homestead. You take it from here. Good luck.

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