Skip to main content
No photo

Brandon Gray’s Answers

23 total

  • Whats the difference between binding and nonbinding arbitration?

    Can someone please define the two and why one would be preferred over the other.

    Brandon’s Answer

    Here's a tutorial on the superior court's website. http://www.sdcourt.ca.gov/portal/page?_pageid=55,1555406&_dad=portal

    Whether one is preferable over the other depends on your particular situation.

    See question 
  • My work does not pay for my phone or laptop. Do I need to answer work related questions on day off?

    Am I required to answer my work emails on day off when they do not pay for phone?

    Brandon’s Answer

    • Selected as best answer

    I am not sure how your phone or laptop fit into the equation. The answer to this question depends more on your employment relationship with your employer. Are you an exempt salaried employee? A non-exempt hourly employee? Or perhaps some other classification? What is your job description?

    Here is why these distinctions are important. If you are exempt and paid a salary, then it may be a reasonable expectation of your employer that you are available to respond to work related questions even when you are away from the office. You would be compensated for this work in the form of your salary. On the other hand, if you are a regular hourly employee, you should not be required to do work when you are "off the clock," at least not without being compensated (by the hour) for your work.

    To answer your question definitively, we need more information from you.

    See question 
  • Am I required to give discovery, when opposing counsel has not done so. I only received an email with some discovery as PDF file

    I was emailed a few pages of useless discovery, instead of the expected thousands. The attorney referenced to him putting it also in the mail. I never received it. When I got my mail yesterday, when I came home, defendant had dropped something at ...

    Brandon’s Answer

    The simple answer to your question is "no." One party is not relieved from complying with the discovery statutes simply because the opposing party has failed to comply. The Code of Civil Procedure contains mechanisms to enforce a party's failure to comply with discovery requests. The party who believes that the opposing party has failed to comply with the discovery rules can bring a "motion to compel." There are strict time limits associated discovery motions. You should get well acquainted with the Code of Civil Procedure OR retain the services of an experienced litigator. The California Discovery Act begins at CCP s 2016.010. Good luck to you.

    With regard to bringing up the issue at the case management conference, it is unlikely the court will be willing to hear any argument regarding a discovery dispute at the case management conference, but there is no express rule I am aware of against bringing the matter to the court's attention. Most likely, however, the Court will direct you to review the Discovery Act and to bring a noticed motion to compel.

    See question 
  • Is it legal in California to be fired without any reason and without notice?

    Ive worked in the same restaurant for about 9-10 months. The restaurant was sold about a month or two ago, and the new owners fired me due to "going in a different direction" and "everyone else is full time and you only work a few hours a week, so...

    Brandon’s Answer

    Absent a written contract your employer has the same right to fire you that you have to quit. They do not have to give notice or give you a compelling reason for letting you go (just so long as the reason is not unlawful--like your age or sex or race). Sorry to be the bearer of bad news but it doesn't sound like your employer has done anything unlawful.

    See question 
  • Can my job replace the hours I miss with my overtime hours???

    So I work 5 days a week. 8 hours a day. With two hours overtime (optional) & overtime on Saturday. Also optional. I get paid bi week. The first week of my pay period I know I worked over time after my 8hours & few ours on Saturday. I don'...

    Brandon’s Answer

    Assuming you are a non-exempt employee (which appears likely since you imply that you have been paid overtime in the past), all hours that you work that are more than 8 hours in a single day OR 40 hours in a week must be paid at the overtime rate. There is no provision of law for substituting hours in the way you described in your post. It sounds like you're owed some overtime...

    See question 
  • Can my company make me work out of town?

    "I work for a company that operates all over California. I was hired for one specific area, yet my employer is now telling me that I Have to go out of town for the whole week and work. Is this Legal?"

    Brandon’s Answer

    Unless you have a contractual agreement with your employer they are entitled to direct where you work. Employment in California, absent contractual agreement, is at-will, which means that you are not obligated to travel to work, but your employer is also not obligated to continue the employment relationship.

    See question 
  • MISDEMEANOR PROBATION COMPLETED BUT NOT EXPUNGED YET. Based on CA code of regulation language below should I still answer no?

    2 cal Code of Regulations § 7287.4(d)(1)(B) (B) Any conviction for which the record has been judicially ordered sealed, expunged, or statutorily eradicated (e.g., juvenile offense records sealed pursuant to Welfare and Institutions Code sectio...

    Brandon’s Answer

    It's unclear to me the question to which you would be answering "no." Nonetheless, assuming this regulation is applicable to your situation, do not forget about the part that says "AND the case has been judicially dismissed pursuant to Penal Code section 1203.4." Has your case been judicially dismissed?

    See question 
  • What will it cost for a 1/2 mile long deeded easement through 28 parcels on Birch Hill to Crestline a publicly maintained road?

    The property and the roads on on Birch Hill are all private with no legal access.

    Brandon’s Answer

    The cost of an easement is probably better posed to a real estate agent or broker familiar with that area. Here we are more suited to answer the legal questions that may be related to such a purchase and sale. For example, determining the steps you might take if the private owners of the 28 parcels don't want to sell you an easement.

    See question 
  • Lost my house, no lease, it was part of an employment contract. Given 7 days to vacate.

    I just lost my job as an on-site property manager for a 30 unit apartment complex, and my home was part of the employment contract, so there's no lease or security deposits. I lost my job because the management company did not like that my husband...

    Brandon’s Answer

    It sounds like your former employer is claiming that you never entered into a lease for the unit you were living in, but that you were extended only a license to use the unit as part of your employment. Landlord tenant laws generally do not apply to licenses. This area of law can be fairly complex, however,and there are sometimes exceptions to this general rule that can be found in local ordinances or other regulations. You should speak to an experienced attorney who deals with landlord-tenant issues.

    See question 
  • Two recognized contractors sharing personal identical names in the exact same industry. How to handle informally and formally.

    I have been working as a contract, sole-proprietor in my industry for over 5 years and have built up awareness and recognition of my work under my personal name. Over the past year or so, another person from another country has entered the same in...

    Brandon’s Answer

    This question would be better directed to a trademark attorney. From a general perspective, both federal and state law protect trademarks to varying degrees, depending on whether the mark has been been registered, the type of mark it is and other factors. So yes, there are legal avenues you can pursue to protect a trade name.

    See question