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Evan Andrew Gould

Evan Gould’s Answers

145 total

  • I was fired from one day on the job and they didnt give me a check for 47 days i mentioned sectiion 203 labor laws and payed

    me my one day pay and the 30 days for penalty but only paid me 52.90 per day for the wages. my position was a bardenter and the bartenders make #325 to $430 a night so i want to know i should also get tips included in my pay and thats over $11,000...

    Evan’s Answer

    I agree with Mr. Young. Penalties related to wages are defined by Labor Code 200. Tips are not wages and thus are also not considered part of ones "regular rate of pay" for overtime calculations although you could make the argument they are "readily ascertainable".Tips are voluntarily left for you by the customer of the business and are not being provided by the employer. Since they are not considered as part of your regular rate of pay for calculating overtime (as stated by the DSLE) it is unlikely they would form the basis of a waiting time penalty claim.

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  • How do I go about filing to declare someone a vexatious litigant?

    Is there a form that needs to be filled out? Or do I have to be in court to motion that the judge declare the plaintiff a vexatious litigant? I'm looking at form MC-700, but I do not believe that it is the correct form.

    Evan’s Answer

    Mr. Doland provides some very useful information on this topic. Also consider reading and reviewing the applicable statutes found at Code of Civil Procedure Section 391-391.8

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  • Why would an ADR Mediator be against my bringing counsel to a mediation session?

    I have an upcoming mediation. I expressed in interest in bringing an attorney with me to the session, since I have been acting in pro se up to this point. The mediator appeared frustrated...why?

    Evan’s Answer

    This sounds like a great question to ask the Mediator. Have you done so?

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  • I need help finding a psychiatric malpractice lawyer in the Los Angeles area.

    Hello - i am in the San Fernando Valley area of Los Angeles. I came to this site looking for a psych malpractice lawyer to set up a consultation, but all I can find using the 'find a lawyer" tool is medical malpractice attorneys. I had contacted...

    Evan’s Answer

    You are on the right track by contacting med mal attorneys. I just googled the term psychiatric malpractice attorney and firms do come up. You may also try contacting your local attorney referral services for a referral.

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  • I am a hairdresser. My customer wants to sue me for a supposed scalp injury.

    I provided a service for my customer four months ago. The customer claims that she called me and sent me text messages and contacted me in other ways to let me know about her injuries. She did no such thing and today I receive a letter with emerge...

    Evan’s Answer

    Even if you rent a chair or booth from a salon, there is a chance you may have coverage under the salon's policy. Whether you are responsible, or at fault, requires an analysis of the facts to determine whether you were negligent. I assume it was a burn claim from a perm solution? I have seen several of these cases where the stylist was found to be at fault and other cases where the product was to blame. I would suggest you discuss the facts with a local attorney or your insurance company asap.

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  • Landlord failed to return my deposit or accounting of deduction within 21 days. Am I entitled to all of it?

    I gave 30 days notice on Aug 1st, I moved out Aug 31st. On September 24th I contacted the LL asking for my deposit. The LL responded they would send it soon. I contacted the LL again on the 28th and they stated they would send it out that day. I r...

    Evan’s Answer

    You will still be liable in any event for any damage or other monies owed under the lease agreement in the form of a set-off claim Landlord will assert in response to your Small Claims suit. Neither the statute nor the case you refer to penalizes a landlord to the extent you might hope. I would make another demand upon the LL before proceeding, citing the statute and the case law. I would suggest you send it certified with return receipt requested. Good Luck.

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  • Is there room for a negotiation with a lawyer when he send me his retainer fee? Will it be offensive if asked to lowerhisrate?

    A lawyer told me that he will take my case in percentage-contigency basis. He also said that he can elect to charge me per hour which is $400 or percentage basis.If settlement reached before the complaint it will be 25% percent and ifitgoes to p...

    Evan’s Answer

    • Selected as best answer

    Many attorney will reduce their fees but it is usually on a case by case basis. Should you choose to go with any attorney offering a significantly lower rate, you might want to have a clear understanding of their education, experience, level of staff/support, ability or willingness to advance costs, trial experience, case volume, try to determine if they have had any negative reviews on Avvo, Yelp or other review sites or with the State Bar and, determine whether they carry malpractice insurance. Be careful, the general rule that "you do get what you pay for" applies to services as well as merchandise.

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  • How do i end a month to month agreement? How many days must i give them in california? can i evict as well if no payment?

    tenants are on a month to month agreement and I would like to end the agreement to move in. I do not want them living there and I know that they are not going to pay the rent.

    Evan’s Answer

    You typically must give either 30 or 60 days notice depending upon how long the tenant has resided on your property.
    As stated by the California Department Consumer Affairs and set forth in Civil Code Section 1946:

    Landlord's notice to end a periodic tenancy

    A landlord can end a periodic tenancy (for example, a month-to-month tenancy) by giving the tenant proper advance written notice. Your landlord must give you 60 days advance written notice that the tenancy will end if you and every other tenant or resident have lived in the rental unit for a year or more. However, the landlord must give you 30 days advance written notice in either of the following situations:
    Any tenant or resident has lived in the rental unit less than one year; or
    The landlord has contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends. In addition, all of the following must be true in order for the selling landlord to give you a 30-day notice
    The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
    The landlord must have given you the 30-day notice no later than 120 days after opening the escrow, and
    The landlord must not previously have given you a 30-day or 60-day notice, and
    The rental unit must be one that can be sold separately from any other dwelling unit. (For example, a house or a condominium can be sold separately from another dwelling unit.)
    The landlord usually isn't required to state a reason for ending the tenancy in the 30-day or 60-day notice (see "Thirty-Day or Sixty-Day Notice"). The landlord can serve the 30-day or 60-day notice by certified mail or by one of the methods described under "Proper Service of Notices".

    Take a look at for more information on this topic.

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  • The city removed concrete near my driveway while fixing the curb. Is it my responsibility to pay to put back the concrete?

    A tree was removed about 6 months ago next to the concrete removal. The roots of the tree was causing the curb to be raised so the city came to fixed the raised curb and removed the concrete to the edge of my driveway and now they don't want to p...

    Evan’s Answer

    It may be. You may wish to look at California Streets and Highway Code Section
    5610 which provides. The owners of lots or portions of lots fronting on any
    portion of a public street or place when that street or place is
    improved or if and when the area between the property line of the
    adjacent property and the street line is maintained as a park or
    parking strip, shall maintain any sidewalk in such condition that the
    sidewalk will not endanger persons or property and maintain it in a
    condition which will not interfere with the public convenience in the
    use of those works or areas save and except as to those conditions
    created or maintained in, upon, along, or in connection with such
    sidewalk by any person other than the owner, under and by virtue of
    any permit or right granted to him by law or by the city authorities
    in charge thereof, and such persons shall be under a like duty in
    relation thereto. You might also consider discussing this with a lawyer in your area but for $300 you might be better advised fixing it before someone get hurts and sues you.

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  • Can a driver sue for damages to their car in an accident if they are not the registered owner of the car they were driving?

    I am being sued for car damages but the driver that hit me is not the registered owner. She was driving her husbands car, but I am unsure if they are legally married. Would that make a difference?

    Evan’s Answer

    Yes. A registration is not a title and anyone can sue you for anything. It is better however to let your insurance work these issues out.

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