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Sarah Rose Wolk

Sarah Wolk’s Answers

17 total


  • Apartment manager never paid, am i entitled to back wages?

    Ive been apartment manager over 18 years and never got paid for any of the worked I performed as a manager, and I still have to pay rent.

    Sarah’s Answer

    I see in your comments that you had a written employment agreement. If you have an enforceable employment agreement, performed your services, and were not provided what was promised to you, then yes, you can get back wages. However, because you have waited so long, you will likely not be able to get compensated for all 18 years. To determine how far back your claim may go, more information, such as whether your employer made additional promises to pay, would be needed. It looks like you are close to my firm. Feel free to contact us to discuss your claims further.

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  • 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 ?

    I HAVE A COURT DATE NEXT TUESDAY IN OAKLAND

    Sarah’s Answer

    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.

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

    A CA LLC was formed on March 2011 as a Professional Engineering company. The President was notified by the Board of Professional Engineers that engineering firms cannot be LLCs per the Secretary of State guidelines for the Articles of Organizatio...

    Sarah’s Answer

    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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  • Abstract of Judgment Placing Lien on Real Property of Judgment Debtor

    I recently won my case in Small Claims Court (LASC). Defendants were unwilling to pay the judgment even after a trial de novo. I filed an Abstract of Judgment with the court and then had it recorded with the County Recorder. Will the County Re...

    Sarah’s Answer

    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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  • Can song lyrics be used on a T-shirt if you use quotation marks and credit the artist and song?

    This seems to be a tough question to find an answer to. I want to start a small screen printing company and wanted to use song lyrics or quotes from various artists as artwork on the back of each shirt. If I use quotation marks around each phrase ...

    Sarah’s Answer

    I agree with my colleagues regarding the general copyright infringement analysis. However, even if you are able to adequately determine that this either will not constitute infringement or you have a valid defense, you may still be liable for other claims the copyright holder could bring against you. These claims could include things like unfair business practices, misappropriation, or deceptive trade practices. It would be smart to at least discuss these possibilities with an attorney who handles this type of work.

    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 involve local laws and facts which may not be effectively communicated without a complete consultation.

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  • 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.

    My father passed away Dec. of 2009 and left me as the Trustee for a trust containing a condo, some cash and a vacant lot. The trust was to be split equally among my brother, sister and myself. I have sold the condo and wrote my brother and sister ...

    Sarah’s Answer

    • Selected as best answer

    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 cannot take care of himself, he likely has a legal guardian or conservator. If he does, you should probably make the payment to that person on his behalf. This could be your sister. But, prior to disbursing a payment to someone claiming to be the legal guardian or conservator, you should obtain and keep a record of written proof, no matter who it is.

    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 involve local laws and facts which may not be effectively communicated without a complete consultation.

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

    Last May I went to a perio-dentist and started a dental procedure for crowns to put over existing implants.I paid 8,600.00 upfront.After many appointments and many cancelled ones he tried to convince me to except ill-fitting crowns.I tried to work...

    Sarah’s Answer

    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 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 involve local laws and facts which may not be effectively communicated without a complete consultation.

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  • At what point does land change possession in a livinging trust...at the time of death or when the deed is changed & recorded

    My father died last January and he had a living trust. I am the reciepient of some farm land that has been in my family for generations. My stepmother is the executor of the trust. The will was read to me by the trust's attorney. At that point...

    Sarah’s Answer

    The property should have been transferred into the trust to "fund" the trust soon after its execution. Prior to death, your father was most likely the trustee, which meant he had certain control and power over the property that was owned by the trust. Upon death, the property should be transferred according to the instructions in the living trust. Completing transfer deeds and filing them does not take very long, not 10 months. However, it is possible there are some other complications with the estate. But you should get in touch with the attorney who was handling it and if you cannot, you may want to consider obtaining an attorney to help represent you.

    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 involve local laws and facts which may not be effectively communicated without a complete consultation.

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  • How do I report uncompensated self-employment on a CA unemployment claim form?

    I just got laid off and got approved for CA unemployment. I have a side project going where I am helping a friend with a business project, for free right now, with the agreement that if it eventually makes money I would get a share at that time. ...

    Sarah’s Answer

    Technically, you need to report any work or employment and should list this business project. But if you report it, make sure to write $0 when it asks how much you earned for the reporting period of time.

    You will have to fill out new forms every 2 weeks while you are on unemployment. The forms will require you to continue reporting your income for a given period of time. If at some point you do receive compensation for your work, you will indicate that on the form for the appropriate period of time.

    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 involve local laws and facts which may not be effectively communicated without a complete consultation.

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  • The mailman always complains about my dog even if she's inside with the doors shut. they sent us a final warning. what can i do?

    since i don't really have a fence, i leave my dog indoors. She is never let out to roam in the front yard. She is always inside or in the backyard somewhere. i have a mail slot by my door so the mailman can't see my dog, he can only hear her. Same...

    Sarah’s Answer

    Information about what the "final notice" says and what action the post office is claiming it will take is important to be able to answer this question fully. But, it would probably be a good idea to respond to the notice in writing. In your letter, you should explain the situation from your perspective and specifically state which of the allegations in the correspondence from the post office are inaccurate and that you are contesting.

    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 involve local laws and facts which may not be effectively communicated without a complete consultation.

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