Sarah Rose Wolk’s Answers

Sarah Rose Wolk

Glendale Business Attorney.

Contributor Level 9
  1. I am a Trustee on a trust left to my brother, sister and myself. I am having a disagreement with my sister and need some advice.

    Answered about 3 years ago.

    1. Sarah Rose Wolk
    2. Robert Jan Suhajda
    3. Christopher B. Johnson
    3 lawyer answers

    First of all, if the Trust says to distribute the money to you, your brother and your sister, you as Trustee have a responsibility to do that. Making a payment to another individual or failing to pay your brother is improper and you could get in legal trouble for that. And if you are doing that to avoid the State of California finding out, that could be fraud against the State and you should obviously avoid that. That being said, if your brother is actually handicapped in a way where he...

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  2. Help with language or case law to cite in filing demurrer.

    Answered over 4 years ago.

    1. Sarah Rose Wolk
    2. Joshua Garth Genser
    3. Pamela Koslyn
    4. Kenneth Evan Chyten
    4 lawyer answers

    A Demurrer based on the Statute of Frauds will only be successful if the plaintiff alleged an oral agreement, not a written contract. A Demurrer is based on the pleading on its face. This means that if the Complaint says a written agreement exists, whether or not it does, the Complaint will likely be upheld. If the plaintiff did not allege a written agreement, then the Statute of Frauds argument may be successful. Even if the Complaint alleges a written contract, you can bring a Motion For...

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  3. I am on work comp. I still have pain and loss of motion.If I go back to work am I stuck. Full duty is very physical

    Answered over 4 years ago.

    1. Sarah Rose Wolk
    2. Brett A. Borah
    3 lawyer answers

    Are you asking whether this would hinder your progress physically/medically? Because if that is your question, it is not a legal question. Otherwise, if you're asking whether you would be able to receive worker's compensation benefits still, see my previous answer.

    3 lawyers agreed with this answer

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  4. I am on work comp. I still have pain and loss of motion.If I go back to work am I stuck. Full duty is very physical

    Answered over 4 years ago.

    1. Sarah Rose Wolk
    2. Brett A. Borah
    3 lawyer answers

    An injured worker receives worker's compensation benefits if (s)he is deemed partially or totally disabled, usually by a work comp doctor. Once an injured worker returns to work, the benefits may cease. They will only commence again if the injured worker is again deemed partially or totally disabled, likely by the doctor again. Your treating doctor should have recommended whether you're ready to return to work yet. Your doctor may have said you are capable of modified work, which you seem...

    3 lawyers agreed with this answer

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  5. My friend has signed a Decloration of gift of personal property . He is legally blind and was during signing , can he revoke it

    Answered over 4 years ago.

    1. Sarah Rose Wolk
    1 lawyer answer

    For the insurance benefits, the insurance company should be contacted to change the beneficiary. A death annuity beneficiary designated through an insurance company cannot be altered by a separate contractual document. The gift of the personal property can be revoked if it was gratuitous. Exactly how this is done may differ depending on the terms of the gift. If the gift was to vest when your friend dies, he should probably create a new, legally enforceable document revoking the past gift...

    3 lawyers agreed with this answer

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  6. MY CHECKING ACCT HAS BEEN DEPLETED MY ACCT HAS BEEN LEVIED. I WENT TO THE SHERIFFS DEPT TO FIGHT IT,HOW CAN I GET MY MONEY ?

    Answered over 1 year ago.

    1. Sarah Rose Wolk
    2. Wallace E Francis
    2 lawyer answers

    How to fight this likely depends on why the levy was placed on your account. There is a good chance you will need to file a motion to set aside a judgment or holding that currently exists. If there are court dates set, you probably should attend, and you can indicate at the court hearings why you disagree, and think what is going on is wrong, if that is what you believe.

    3 lawyers agreed with this answer

  7. How will i be notified if i have to show up to court if i filed domestic violence

    Answered over 4 years ago.

    1. Sarah Rose Wolk
    2. Pamela Koslyn
    3. Edward Jerome Blum
    3 lawyer answers

    If you filed for a restraining order then a Temporary Restraining Order was likely issued the same day. The Order should have a date to return for the hearing on a permanent order (usually 10 days later). The above answer is not "legal advice" as specified under any pertinent rules governing the Professional Responsibilities of Lawyers and should not be relied upon. An attorney-client relationship has not been established by virtue of this correspondence. Legal issues are often complex and...

    2 lawyers agreed with this answer

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  8. Convert newly formed LLC to S-Corp in California...LLC has done no business but has opened bank account and CC

    Answered almost 3 years ago.

    1. Sarah Rose Wolk
    2. Shawn Regis Jackson
    2 lawyer answers

    1) EINs are non-transferable so you will need a new one. 2) You will have payments to the Franchise Tax Board for both entities.

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  9. Abstract of Judgment Placing Lien on Real Property of Judgment Debtor

    Answered almost 3 years ago.

    1. Sarah Rose Wolk
    2. Frank Wei-Hong Chen
    3. Theodore Lyons Araujo
    3 lawyer answers

    I agree with my colleague's answer and am only responding to suggest that you also try to collect the debt through other means since the lien on the real property will only pay out if the debtor tries to sell the property. Some other ways may include wage garnishments and obtaining a writ of execution.

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  10. Can I sue a dentist for patient abandonment although I singed signed a waiver?A dentist want's triple the money to rectify ?

    Answered about 3 years ago.

    1. Pamela Koslyn
    2. Sarah Rose Wolk
    2 lawyer answers

    I agree with my colleague. By signing the waiver you may have settled and relinquished your rights to obtain any additional money. To know for sure, the waiver itself and the circumstances of you signing it should be evaluated by an attorney. However, since you went to mediation, it is also possible that the mediator thought that the $3,200 was a fair settlement and you may not have been awarded much more than that anyhow. The above answer is not "legal advice" as specified under any...

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