Nicholas Donovan Heimlich’s Answers

Nicholas Donovan Heimlich

Santa Clara Litigation Lawyer.

Contributor Level 12
  1. Ex-girlfriend wants me to pay for "vehicle devaluation" in small claims court.

    Answered over 4 years ago.

    1. Nicholas Donovan Heimlich
    2. Robert N Pafundi
    2 lawyer answers

    The answer depends on the terms of the agreement. If the payments were only owed as long as you had the car, then you should explain that and you shouldn't owe the money. You will just need to demand a copy of that agreement and explain the situation to the judge, he will decide it. A complete answer would require a review of all relevant documents and a consultation at a minimum. This answer is a general response and does not form an attorney-client relationship until that relationship is...

    1 person marked this answer as helpful

  2. What is the best way to appeal for the second time for the Unemployment benefits?

    Answered over 3 years ago.

    1. Nicholas Donovan Heimlich
    1 lawyer answer

    EDD often denies benefits. You usually have two shots at challenging their determination. Read the decision, it will tell you about your appeal rights, some deadlines are very short. This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

  3. Suing a CA corp in Small Claims Court - can I add the CEO (as per the SOS record) as a personal defendant as well?

    Answered over 3 years ago.

    1. Frank Wei-Hong Chen
    2. Pamela Koslyn
    3. Nicholas Donovan Heimlich
    3 lawyer answers

    As the other contributors have noted, generally corporation protect their employees and officers from being sued personally unless those officers/employees have done something to make them personally liable (apart from simply holding the title of an officer). Service can be done on the registered agent where they are located. You may also want to review the small claims self help center. This answer does not create an attorney client relationship. Consult an attorney before you decide on a...

  4. I'm paying my Ex husbands business taxes. Can I sue him and his new wife for one half of the money paid plus legal fees?

    Answered over 3 years ago.

    1. Robert Jan Suhajda
    2. Nicholas Donovan Heimlich
    3. Henry Daniel Lively
    4. Robert Daniel Kelly
    4 lawyer answers

    You should consult a bankruptcy attorney and a family law attorney. If you haven't already paid the taxes, you should consult them before you pay. You may also want to consult a tax attorney. This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

  5. My tenants have decided not to pay me rent this month and have decided to move out until I present them with a court evition

    Answered over 3 years ago.

    1. Frank Wei-Hong Chen
    2. Shawn Regis Jackson
    3. Nicholas Donovan Heimlich
    3 lawyer answers

    The key question is are they paying the rent? These other items, while technically violations are not really great reasons to try to evict people. Are you really going to go into a Court and tell a Judge to complain about 4 beer cans? The dogs are an issue. i would also recommend mediation, try to look at the local superior court website, if not, then unlawful detainer is the process to evict someone. Hire an attorney to do it, specialists in this area don't charge that much. This...

  6. I was released and terminated on Wednesday-3/2. Our 2010 performance bonus was released 3/4 and did not get it. Is this fair?

    Answered over 3 years ago.

    1. Peter Jay Wilke
    2. Shawn Regis Jackson
    3. Nicholas Donovan Heimlich
    3 lawyer answers

    If you have done everything to earn the performance bonus except sitting at work two days, it would seem that you are owed the bonus. You should consult an attorney familiar with wage and hour law. I think there is some chance you are owed that money and possibly other money, but all documents related to this bonus and your employment must be reviewed. This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all...

  7. Could I Lose Unemployment Benefits?

    Answered over 3 years ago.

    1. Nicholas Donovan Heimlich
    2. Scott Joseph Fruchter
    2 lawyer answers

    You need to contact EDD to figure out if they have made a decision. I can't tell from your answer. If you disagree with their decision, then you can challenge it. This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

  8. What kind of charges for an adult sending nude pictures to a minor?

    Answered over 3 years ago.

    1. Pamela Koslyn
    2. Joseph Briscoe Dane
    3. Nicholas Donovan Heimlich
    4. J Anthony Vittal
    4 lawyer answers

    Your friend and friend's son needs to consult with a criminal defense attorney. There is no simple answer now that the 26 year old has been arrested. You also should never post anything online that involves allegedly criminal conduct. I suggest you withdraw the posting immediately. This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render...

  9. Breech of Employment Separation Agreement - Stated 5 Months of Continuing Health Benefits Were Never Paid. Never sent COBRA.

    Answered over 3 years ago.

    1. Nicholas Donovan Heimlich
    2. Shawn Regis Jackson
    2 lawyer answers

    If the Employer breached the separation agreement, then you may have labor code violations and/or a breach of contract. Depending on the amount involved would determine whether it is worth pursuing. Also the terms of the separation agreement may cover some of this. This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

  10. Is a judgement needed

    Answered over 3 years ago.

    1. Nicholas Donovan Heimlich
    2. Shawn Regis Jackson
    3. Marc Guy Mathys
    3 lawyer answers

    It's not clear from your question if title was handed to you or actually transferred to you. I would suggest you accept payments since the $3K is not that much. If you want to get a judgment, then sue in small claims since it's only $3K. Best of luck. This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.