Todd Eric Gallinger’s Answers

Todd Eric Gallinger

Business Attorney.

Contributor Level 13
  1. Can my boss change my position and tell me reason is because of my gender ?

    Answered about 4 years ago.

    1. Todd Eric Gallinger
    1 lawyer answer

    This is clear gender based employment discrimination, illegal under both federal and CA state law. You should speak with an employment specialist as soon as possible and also file a complaint with the CA Department of Fair Employment and Housing immediately to preserve your rights.

  2. Interview on a B1/B2 visa

    Answered about 4 years ago.

    1. Todd Eric Gallinger
    2. Thomas Esparza Jr.
    2 lawyer answers

    Entering for a job interview is totally acceptable on a B1/B2 visa. It is meant for "business meetings", which would include a job interview. The fact that the employer would likely be applying for an H1 removes any concern about "dual intent", entering on a temporary visa when intending to get a green card. A previously abandoned green card will not be a formal hurdle to a new green card in any way, though it may cause some officers to make a closer review.

  3. Can a family law attorney hold my money that were placed in his/her trust fund during the divorce proccedure?

    Answered about 4 years ago.

    1. David Alexander Browde
    2. Todd Eric Gallinger
    3. Donald Lamar Cobb
    3 lawyer answers

    It sounds like you put money into trust, that the attorney would then bill against for work performed. That you have an open balance due means that he is likely entitled to that money for compensation. If you do not believe that the attorney is entitled to the money, your local bar association like has a fee arbitration panel that you can raise the issue with.

  4. Invitation letter for my mother to get B2 visa

    Answered about 4 years ago.

    1. Avi Friedman
    2. Todd Eric Gallinger
    2 lawyer answers

    You do not need to mention that you will not be responsible for her costs. It is her burden to demonstrate sufficient funds and the intention to return home. There is no need to have the letter notarized.

  5. Is wrongful arrest a civil matter or criminal matter

    Answered about 4 years ago.

    1. Todd Eric Gallinger
    2. Alan James Brinkmeier
    2 lawyer answers

    This could be pursued civilly by the "defendant". Depending upon the officer's motives, however, it might also be a criminal matter. It is up to the various government bodies, however, to choose whether or not to prosecute. If the officers actions were motivated by a racial, ethnic, or religious bias, then I would certainly contact the ACLU and the California Department of Fair Employment and Housing. Either way, I would recommend that they contact a private attorney who specializes in...

  6. Can I still pursue money damages in my unlawful detainer if the tenant haS MOVED out?

    Answered about 4 years ago.

    1. Steven Alan Fink
    2. Todd Eric Gallinger
    2 lawyer answers

    Yes, you can pursue monetary damages up to the date of the hearing in the matter. But if the lease ran longer and he owes more rent, then you will need to file a separate civil suit to get a judgment for that amount. It might be wise to wait until the unit has been rented again or the lease expires, so that you can get a judgment for the whole amount he'll owe you. I would recommend consulting an attorney, since it sounds like a significant amount of money and advice might change based...

  7. Can remove my former domestic partner from a property title?

    Answered about 4 years ago.

    1. Kenny Kean Tan
    2. Todd Eric Gallinger
    3. Kerry G. Patton
    3 lawyer answers

    Why did she have her name put on title originally if she was not paying for anything? You really should try to locate her, but if you can't you might be able to bring a case for quiet title on the basis that there was a constructive trust. You will want to consult with an attorney, however, to give them all the details and receive legal advice particular to your situation.

  8. I recently filed papers to legalize my brother

    Answered about 4 years ago.

    1. Todd Eric Gallinger
    1 lawyer answer

    Your sister is asking you to execute an affidavit of support on her behalf. You have to show income at 125% the poverty level and it obliges you to ensure that she will not receive government aid for five years. It will not upset the petition you filed for your brother, but she will be treated as a member of your household if and when you have to file for your brother. Sibling petitions, however, take a very long time (over 10 years), so if you just filed for your brother then it probably...

  9. Change of status H1 B to H4 to H1 B

    Answered over 4 years ago.

    1. Shah Iqbal Nawaaz Peerally
    2. Todd Eric Gallinger
    2 lawyer answers

    The application will require all the regular documents, as if you were filing a new H-1B. Review form I-129 for details. The fee will depend on the size of your employer, check the instructions to I-129 for information. You will have to pay the Fraud Fee and the Training Fee. Yes you can premium process, it costs $1,000. Our firm does handle this type of work as well.

  10. I was discriminated by a shopkeeper because I'm "spic" - is that a civil rights violation?

    Answered over 4 years ago.

    1. Maria C. Kao
    2. Todd Eric Gallinger
    2 lawyer answers

    What happened is a violation of the Unruh Civil Rights Act. You can report this to the Department of Fair Employment and housing, who will open an investigation. Visit their website for more info and to make an appointment to file a complaint: http://www.dfeh.ca.gov It is not likely to be worth pursuing as a civil action, since the damages are likely to be low.