William Stanley Fitch’s Answers

William Stanley Fitch

Chino Hills General Practice Lawyer.

Contributor Level 16
  1. My 19 year old son was arrested for a dui he blew a .09 on the breathalizer and no blood test was given. He has no prior at all

    Answered 12 months ago.

    1. Cambria L Lisonbee
    2. Margaret Forbes Mendoza
    3. Richard Kim
    4. Matthew Murillo
    5. Wade J. Skalsky
    6. ···
    12 lawyer answers

    At 19 his blood alcohol level can be no more than .01%. That puts your son 9 times over the limit for his age and since he has been charged with a DUI and is not 21, he's facing a mandatory suspension of his driving privilege. Additional information at https://www.dmv.ca.gov/pubs/vctop/d11_5/vc23502.htm

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  2. I am being charged in the state of California for Penal Code 488, petty theft.

    Answered 12 months ago.

    1. Stephen Amory Meister
    2. Michael Douglas Shafer
    3. Dan Eugene Chambers
    4. William Stanley Fitch
    5. Michael Kevin Cernyar
    6. ···
    7 lawyer answers

    Several approaches. First question is "did the racks fit". While that sounds rather flippant, there is something called a civil compromise where you agree to pay the store for the value of what was taken and the criminal charges kinda go away once they're paid. It is well worth exploring even if they didn't fit. Most of the time there is no jail time for misdemeanors, there's just no room in the jails. You'll be fined, placed on informal probation, which means you don't report to a probation...

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  3. I was scheduled to contest a traffic violation. I missed the court date and my case is closed. Do I qualify for traffic school?

    Answered 12 months ago.

    1. William Stanley Fitch
    2. Greg Thomas Hill
    3. D K Kevin Dugan
    3 lawyer answers

    Your bail was forfeited and you were found guilty. You'll have to do a walk in, meaning you show up, nice and early or the First Wednesday of the month for night court, and ask to see the judge about being permitted to attend traffic school. If they can, they will send your case in and when called, you simply ask the judge for permission to attend traffic school. Most will permit that.

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  4. If Writ of Possession received today; 3 day Pay Quit (defective); and, never served S&C-what must be filed to stop Eviction.

    Answered 10 months ago.

    1. William Stanley Fitch
    2. Shaye Larkin
    2 lawyer answers

    You've already let this become a judgment and a writ of possession has been issued so your options are as limited as the time you have to address this. Code of Civil Procedure 473(b) is where I'd start. Be sure to read the part where an answer is required as part of your motion. Beyond that, there is no way to distill a law degree and nearly 14 years of experience into 4000 or less characters.

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  5. How do I find out if a business has an agent in my state?

    Answered 12 months ago.

    1. William Stanley Fitch
    2. Robert Miller
    3. Nicholas Basil Spirtos
    4. Samuel Cohen
    5. Douglas E. Portnoy
    5 lawyer answers

    The California Secretary of State Website is what i use to make that determination. It does make a difference if you aren't sure whether the entity is incorporated, or a limited liability company. There are other more expensive methods available that require a public records search, then there's always google

    6 lawyers agreed with this answer

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  6. My sister got pulled over for a speeding ticket and gave my name instead since her license is suspended

    Answered 12 months ago.

    1. William Stanley Fitch
    2. Sharon Paris Babakhan
    3. Sean Patrick Lewis
    4. Michael Kevin Cernyar
    5. Brian Russell Michaels
    5 lawyer answers

    Several possibilities, false information, interfering with investigation. That's her problem not yours. Make the appearance at the arraignment and when you check in or are arraigned, let the bench officer know what happened. He or She will compare the signature no your drivers license with the signature on the citation. If they don't match, the bench officer can dismiss the matter right there or, set a trial and have the citing officer testify as to how he got the information he put on the citation.

    6 lawyers agreed with this answer

  7. I have an issue with a lawyer who I suspect is guilty of malpractice to do with handling my case. Money is the utmost concern.

    Answered 12 months ago.

    1. William Stanley Fitch
    2. Christine C McCall
    3. Michael Raymond Daymude
    3 lawyer answers

    Attorney fee arbitration. Have a neutral third party evaluate his billing. Check with the local bar association.

    6 lawyers agreed with this answer

  8. Can a landlord charge me and withhold cost from deposit for an item I admitted to breaking if landlord did not get it fixed?

    Answered 12 months ago.

    1. William Stanley Fitch
    2. Tom Harold Elke
    2 lawyer answers

    Reader's Digest Version: Yes. The complete explanation is that if your landlord used more that $125 of your dollars for repairs, you are entitled to a copy of the receipts as well. He MAY NOT deduct for work he may perform in the future. Your remedy is an action in small claims.

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  9. I lost the written contract with my property management. What to do in litigation case in the court? To what we should refer to?

    Answered 12 months ago.

    1. William Stanley Fitch
    2. Terry David Horner
    3. Alan James Brinkmeier
    3 lawyer answers

    The whole point to hiring local counsel is that you don't have to be here, don't need to "assess" anything and don't have to worry about how to do things. That would be our job. Lots of options

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  10. How can I protect myself from a lawsuit regarding a hillside house and tenants with small children?

    Answered 3 months ago.

    1. William Stanley Fitch
    1 lawyer answer

    You will want to have a real estate attorney drafting addendum for you detailing these concerns. Liability is usually based upon unforeseen danger or, the danger which is not disclosed. By having the parents signed and acknowledged the addendum detailing the 40% slope, it would be quite easy to place the burden upon them to keep their children safe. You are absolutely correct however and feeling The need for additional verbiage within your rental agreement.

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