Brian T Pedigo's Answers

CA employment law, employee's rights to sick day, personal time off (PTO)

DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE. --- Paid sick leave generally is available to employees at the discretion of the employer. NOTE: In San Francisco, however, the Paid Sick Leave Ordinance, Administrative Code Chapter 12W, requires that employees be provided at least 1 hour of paid sick leave for each 30 hours...

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What is the statute of limations on collecting a debt that is fifteen years old from Sears.

Did Sears obtain a court judgment and are now trying to collect on that debt? If so, then the statute of limitations will be different (Judgments last for 10 years and are easily renewed for the life of the judgment debtor). LEGAL DISCLAIMER Attorney Brian Pedigo is licensed to practice law in California and is located in Southern California (Orange County, Inland Empire - see www.PedigoLaw.com). His response here does not constitute legal advice and does not create an attorney / client...

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California attorney ethics and professional responsibility, attorney's failure to communicate

Ouch. Your lawyer failed to communicate that he was spanked by the Court by way of monetary fines. I echo everyone else's opinion above.

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CA landlord tenant laws, security deposit for painting

Your landlord may not deduct for "ordinary wear and tear." If you caused no damage to the paint, then they cannot lawfully take this money out of your security deposit. If they refuse to be reasonable with you, then I would advise you to bring them to small claims court.

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Can an employer take and post employee pictures under CA employment and privacy laws

Anyone using another's “name, voice, signature, photograph or likeness” for commercial purposes without consent is liable for the injured party's actual damages or $750, whichever is greater. [See Civ.C. § 3344; CACI 1804] More facts are needed to properly assess your case.

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In santa cruz CA is it the landlord's responsibility to provide stove and refrigerator for tenants

DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE. --- I am aware of no law in any city in California that mandates landlords provide a stove or refrigerator for tenants. These things are not traditionally part of the implied warranty of habitability. However, it is very unusual for a unit to have no stove, so you may want to...

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What's the penalty for collecting unemployment while you are working f

EDD Fraud Info: https://eapply4ui.edd.ca.gov/eddcomm/frmFraudStart.htm

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When does a guest living in the house of a tenant gets the status of subtenant ?

Roommates may become tenants although not parties to the lease if they remain in occupancy with the landlord's consent as where the landlord repeatedly accepts the “roommate's” checks in payment of the rent. [See Getz v. City of West Hollywood (1991) 233 CA3d 625, 629—630, 284 CR 631, 633; Cobb v. City & County of San Francisco Residential Rent Stabilization & Arbitration Board (2002) 98 CA4th 345, 352, 119 CR2d 741, 744—755; see also DeZerega v. Meggs (2000) 83 CA4th 28, 36—37, 39, 99 CR2d 366,...

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What is a 1203.4 form

A 1203.4 petition is something that can possibly expunge a criminal record. Experienced criminal defense firms do these all of the time and will be able to help you do it properly the first time.

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Are tenants entitled to compensation for having to vacate apartment due to pest infestation

DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE. --- Most rent control laws permit evictions for the purpose of performing "substantial renovations" subject to the limitations discussed below. Generally, the renovation work must be of a nature that requires the unit to be removed from rental use, or at least temporarily...

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