Todd Eric Gallinger’s Answers

Todd Eric Gallinger

Business Attorney.

Contributor Level 13
  1. I worked as an independent contractor but the employing company hasn't paid me. What can I do?

    Answered over 4 years ago.

    1. Steven Alan Fink
    2. Michael Robert Kirschbaum
    3. Todd Eric Gallinger
    4. Omer Rangoonwala
    4 lawyer answers

    They have failed to perform under the independent contractor agreement, and you can sue them for breach of contract. What court you will need to file in depends upon the amount of damages and where the work was performed. I would consult with an attorney for some initial guidance, even if you will file a small claims case yourself.

  2. Should I name the house i'm leasing to my family trust before I form an SMLLC?

    Answered over 4 years ago.

    1. Todd Eric Gallinger
    2. Steven J. Fromm
    2 lawyer answers

    Putting the house in a revocable trust will not protect the asset from any personal liabilities. Putting it under the LLC will also not protect it from liabilities arising from the LLC's business. I think you should speak with an attorney to clarify your goals and examine the costs involved.

  3. Is there something i can do to accelerate process of becoming a citizen(while a res.)and awaiting informal probation to complete

    Answered over 4 years ago.

    1. Todd Eric Gallinger
    1 lawyer answer

    You will have to wait until the probation period is over to apply for citizenship. Being on probation or parole leads to automatic denial of an application for naturalization. Also, be sure to remember that you have to disclose the charge on your citizenship application, even though it was dismissed. You will also have to submit all relevant court documents and evidence of your completion of the probation period. Because of this additional complication, I would recommend hiring an attorney...

  4. How do I cancel K1 Visa Petition ?

    Answered over 4 years ago.

    1. Todd Eric Gallinger
    2. Amy L Becerra
    2 lawyer answers

    Send the withdraw letter to both, though the application will be terminated just if you don't respond to the consulate. You'll have to restart the process by filing an I-130 with USCIS, then file th I-129F with USCIS after getting back the receipt for the I-130. There is not an additional filing fee for the I-129F based on an I-130. Congratulations & good luck!

  5. Biometric appointment for I-751 petition to remove conditions on residence card.

    Answered over 4 years ago.

    1. Todd Eric Gallinger
    1 lawyer answer

    It sounds like they are just late in scheduling the biometrics appointment. The reason is most likely administrative. If you are concerned, you can continue to call the 1-800 number, or schedule an infopass (an in-person question session) via www.uscis.gov. Good luck.

  6. Biometric appointment for I-751 to remove conditions on residence card.

    Answered over 4 years ago.

    1. Todd Eric Gallinger
    1 lawyer answer

    It sounds like they are just late in scheduling the biometrics appointment. The reason is most likely administrative. If you are concerned, you can continue to call the 1-800 number, or schedule an infopass (an in-person question session) via www.uscis.gov. Good luck.

  7. Date of separation

    Answered over 4 years ago.

    1. Todd Eric Gallinger
    2. Richard Forrest Gould-Saltman
    3. Frederick Scott Islieb
    3 lawyer answers

    Generally in California, the date of separation will be the day after the last day the parties cohabitated (lived together). So if you were separated for five yeras, then moved back in together for a week to try it out again, the date of separation would be the end of the week you lived together. In responding to discovery, a party can not make overly burdensome or ambiguous requests. It is unlikely that form interrogatories would burdensome or unclear. The time frame for the document...

  8. Can I register an LLC while receiving unemployment benefits in the state of california?

    Answered over 4 years ago.

    1. Marco Antonio Torres
    2. Todd Eric Gallinger
    2 lawyer answers

    Creation of the LLC should not affect your EDD, but self-employment, working for it, may. If you are listed as an officer of the company on the statement of information, filed with the secretary of state after formation, that could result in a determination of self-employment and a cancellation of benefits.

  9. Motion to compel

    Answered over 4 years ago.

    1. Rebekah Ryan Main
    2. Todd Eric Gallinger
    3. Richard Forrest Gould-Saltman
    3 lawyer answers

    You do need to file a response. If you don't the court may view the motion as unopposed and enter the requesting party's order without a hearing. If you need to reschedule, you must either reach a stipulation with the other side or file a motion with the Court. At this point, it sounds like you should really contact a lawyer to help you navigate the case and figure out your options.

  10. Can I travel outside US after filing for US Citizenship?

    Answered over 4 years ago.

    1. Todd Eric Gallinger
    1 lawyer answer

    It wouldn't be considered abandonment, but you have to maintain you US presence while your application for naturalization is pending. Residing outside of the US for more than 6 months in a one year time frame could be considered abandonment of you green card and residence. In order to avoid this, you should file an I-131 for a Re-entry Permit AND N-470 to preserve your residency for naturalization purposes. I would consult with an attorney to review the dates you'll be traveling and get...