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Todd Eric Gallinger

Todd Gallinger’s Answers

81 total


  • Since the repairman didn’t fix the washing machine, can we get any money back or credit towards further repairs?

    We had the repairman out to fix our washing machine, which was making a very loud noise. He stated that labor and parts would cost $335 plus a trip charge of $50. After the work was done, we paid him with a check. As soon as he left, we put a l...

    Todd’s Answer

    With an amount this small, it is not likely to be worth the time and money to pursue it legally. The filing fee for a small claims court is higher that the amount in controversy.

    If you do feel like he was dishonest, I would try reporting him to the Better Business Bureau or leaving a review at a consumer website, like Yelp. Maybe then he would be willing to help.

    However, sometimes it is ordinary for a repair person to try a cheaper fix before a more expensive one. You may want to get a second opinion to see if what he did was actually necessary.

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  • How do I sponsor a friend for a tourist visa?

    She has a husband, children, grandchildren and a business in Mexico, so she will definitely return to her home. I will be financially responsible for all of her needs while she is here. Where do I begin? What forms does she need to complete? W...

    Todd’s Answer

    This is a common misconception, but a tourist visa does not need a sponsor. She will need to apply to the local consulate, and can start the process online by filling out the DS-156 electronically. She will then need to follow the instructions on the website about making payment and, finally, scheduling an interview. She can bring a letter from you to the interview, to show that she has a place to stay and a reason to visit the US, but she'll also need to show strong ties to Mexico. This can be in the form of real estate owned, school enrollment, a regular job, family ties, etc. The most common reason a tourist visa is denied is because they applicant can't show they'll return to their home country after visiting the US, so be sure she focuses on showing her strong ties.

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  • How can i fix my immigration status?

    i just turned 18 and recently married the father of my daughter. i was brought here at 6 months old and have been in this country since then. i was wondering what the procedures are to fix my illega alien status and what i need to do. Also. my hus...

    Todd’s Answer

    Your question depends on whether you entered the US with a valid visa. If so, your husband should be able to sponsor you even if that visa expired. If your parents brought you here across the border without inspection, then you will have to return home to process.

    However, the 3 and 10 year bar do not begin accumulating until you turn 18. For this reason you will likely want to return home soon (before 180 days after your 18th birthday to avoid the 3 year bar) and process the green card application or fiance visa from abroad.

    Additionally, it sounds like you may qualify for the DREAM act, should it ever pass.

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  • How do I merge 2 businesses and be fair?

    One business is about 1/4 as big as the other and this person would be working full time, while the bigger wants to retire and only work 1 or 2 days a week. How can they do this fairly?

    Todd’s Answer

    The value of a business is something which no formula can accurately calculate, but there are many different formulas which can be used. Some are based on the value of the assets, others calculate based on cash flow. Of course you will want to also value the employment which the owners will put it. There is no specific way to do it fair, it basically just has to be agreed on by all the parties. If that can't be done, you can hire an attorney or a valuation expert.

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  • Can a place of business change the terms of a contract?

    I paid in full - two seperate contracts with a place of business. That business was bought out by another party. That party claims I was not charged enough in the original contract and is billing me the difference. Is this legal? Second, can...

    Todd’s Answer

    The party which bought the business should be bound by the original terms. They cannot just turn around and request more compensation. They should have researched the issue before they purchased the company you originally signed the agreement with. If they don't follow through on the agreement, you can sue them for breach of contract.

    It depends on the terms of the agreement and what it was for. If the agreement says it can or can't be assigned, then that will govern whether it can be transferred. If it is not specified in the agreement, then it will most likely depend on whether the agreement was for the performance of personal services. If there is something special about the person doing the performance, then it most likely cannot be transferred (examples, art and real estate services generally could not be transferred, but house painting could).

    It depends on the terms of the agreement and whether the original owner will testify that the oral agreement was made. If there is an "integration" clause, which specifies that amendments must be in writing, then that will rule the day. If you can't get the original contracting party to testify to the agreement, then it would be very difficult to prove that a binding oral contract exists. Furthermore, the oral agreement would seem to lack consideration (value exchanged) by you, unless it was made prior to entering into the agreement in order to convince you to sign.

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  • Can I sue a business for using my logo?

    About a year ago, a business owner came to me for a logo design for his new venture. We discussed the specifics but he claimed to have no creative thoughts and put it all in my hands. I created a logo for his new business and submitted to him to...

    Todd’s Answer

    You certainly could sue him, most likely for conversion (theft in common language) and unjust enrichment. Depending on the size of the business and how often he has used the logo, you may want to consider small claims court, but you should certainly consult with a lawyer on the issue first.

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  • CA Resident with a new trust needs to transfer FL condo into the trust. How is this done?

    A CA resident who has just established a new revocable trust with herself as trustee needs to transfer her FL real property into the trust. What is the process?

    Todd’s Answer

    You will need to execute the deed in accordance with Florda's laws and record it with the Clerk Recorder in the county where the condo is located. You can get more details here:
    http://www.broward.org/records/cri00500.htm

    You will also want to keep a copy of the deed with your trust documents, that way your trustee can be sure to know about the property.

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  • Can i contest my stepmothers living trust she established shortly after my father died(wihthout a will or trust)?

    can i contest my stepmoms trust which includes my fathers assets property etc that she established shortly after he passed away 6 months ago? she is not expected to live much longer and i'm afraid my stepsister will end up with my fathers house

    Todd’s Answer

    You have not given any basis to contest your stepmother's trust in your question. The fact that you would be excluded would simply not be sufficient. Since you father died intestate (without a will or trust) if would be distributed according to Probate Code Sections 6400-6402.5. You might want to review to see if his assets were distributed according to the law, a challenge might be more successful there. But if the house in question was owned by your dad and stepmom as joint tenatns, it is 100% hers now, regardless of the probate code.

    Of course this is just general information, to get legal advice specific to your situation you will need to consult a qualified attorney.

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  • If a person publishes info on their web page that hurts my business can I sue for libel

    A competitor that raises pedigreed animals has resorted to saying that anyone who uses a particular grooming method doesnt care for their animals properly and she goes on to advise people to not buy from such breeders. This has been standard indus...

    Todd’s Answer

    If she has not named you specifically, then it would probably be difficult to sustain a defamation or libel case. Identification of the person or business is one element. Normally they have to be identified by name, but sometimes membership in a small group is enough. Since shearing sounds like an industry wide practice, it seems unlikely that a court would determine that you were identified.

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