Brian Richard Dinday's Answers

Can I sue E.D.D due to an error on there part I wont be recieving benfits until possibly feb if I can prove it was an error on

As harmful this error was to you, I can't think that in the long run, it would be worth while to try to sue them for their error. Even if they had liability, (and I offer no opinion on that), the amount of money you could win would never equal the time, expense and trouble of the suit. EDD's lawyers' fees don't come out of one cash strapped individual's pocket. I just don't see this leading anywhere. But maybe an attorney with specific experience on EDD issues will answer you.

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My ex boyfriend keep harassing me with text messages

What he is doing IS a crime: Electronic Communications harassment under California Penal Code Section 653m (b), a misdemeanor, carrying a maximum punishment of six months in jail and a $1000 fine. I suggest you send him a certified letter stating that his many contacts are unwelcome. Advise him of this penal code section and inform him that starting (estimate two days after the letter should get to him), if you receive any further contacts of any kind, you will report it to the police and have...

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Citation for arrest issued based on citizen complaint

I am a California criminal defense lawyer and I respectfully disagree with Ms. White. I do not see that you can do any good arriving at the court hearing with your BF, nor even bringing along other witnesses (even if you had them). On the day set for arraignment on the battery charges as set on the citation, neither the D.A. nor the judge will be prepared nor interested in hearing any evidence about how lacking in merit the accusation is. Here is what I suggest instead: He has two...

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Can an employer in California withhold an employee's first paycheck?

I don't know how hard it was to find this job, but if you have options, this seems like a good hint that this is the WRONG employer to work for. If they would pull this lousy trick on you, imagine what more they have in store for you later. I'd keep looking.

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What can we do to contest accidental damages incurred by minor in car accident in CA state

Well, you asked what is your liability. I seem to be alone in thinking that you may have none. I would not give up without fighting this. The cause of the damage to the vehicle was the terrible parking job which made it so difficult for your daughter to get out of the car. How much are they claiming? I'm wondering if this case belongs in Small Claims Court, with a jurisdictional limit of $7500. You could very well win, with those photos of yours. Just because this woman knows how to yell, get...

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Can I get a real estate license if I get my felony record expunged

You don't provide much information, but I'll make some assumptions and see if the answer helps. The type of crime you were convicted of may be important. If it was a drug case long ago, the Real Estate Commission might not care much. If it was embezzlement of trust funds, they'll care a lot. By "expungement", I assume you mean that you got relief under Calif. Penal Code Section 1203.4. This type of "expungement" will not help you much in this situation. You still have to disclose the...

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I waited total of 45 mins before taking off the laundry and owner came after I am even done with my laundry

I think I have a great area for San Diego to solve some of their budget worries: cut back on obviously excessive police resources. If they have time to mediate a laundry dispute for a mentally disturbed clothes dryer hog, then they have too many officers. That they took the side of this person is astounding. All together a sad incident. You behaved normally and reasonably in my view. Perhaps you should alert the Condo association to this person's conduct so they can warn her not to involve...

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Can I sue the DA if they did not demand restitution in my assault and battery case?

I am not so sure that it is too late to get the D.A. to demand restitution. Up until the sentencing, the judge retains the power to disapprove the plea bargain. If you contact both the prosecutor and probation dept (put the case number and the next court date on all correspondence) and send them the documentary verification of your expenses due to this crime, the judge might well threaten to disapprove the deal unless the defendant agrees to add restitution to the conditions of probation. I...

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My Ex is restrained and he has been violating the order and now he has even called CPS on me

Unless the police or CPS arrested you, you do NOT "have a record" due to what he did. If nothing more happened other than that he told lies to CPS and they asked you questions, nothing should appear on your "rap sheet". If you want to be sure, wait a month or two after the incident, and go to the Department of Justice offices and get the forms to request your own "record". You will have to get fingerprinted to do this, but it should come up squeaky clean, and will give you peace of mind....

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How can my adopted nephew stop his ex from filing frivolous lawsuits?

I think what you are talking about is not vexatious civil lawsuits, but maliciously inspired criminal complaints to the police and CPS. No judge is ever going to order someone NOT to report abuse of children, no matter how many past false complaints were made. The ONLY solution is one that prosecutors absolutely refuse to utilize: prosecute HER for these false police reports. Otherwise, she has no motivation whatever to stop her malicious campaign against him. I wish I could offer you a...

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