Andrew Warren Singer’s Answers

Andrew Warren Singer

Santa Rosa Business Attorney.

Contributor Level 9
  1. Can his ex-wife modify alimony?

    Answered over 4 years ago.

    1. Robin Marie Estes
    2. Andrew Warren Singer
    2 lawyer answers

    In short, yes. Unless the agreement or court order specifies to the contrary, modifications to spousal support orders are possible in certain circumstances. It's unlikely that your house would be considered part of the assets of your new marital community, but it is possible that your new combined income might be considered, as in California, income earned during marriage is considered community property. Your significant other should carefully review the terms of any settlement agreement...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. My Licensee Agreement is dated 8/21/03. I found they're a disguised Franchise on 8/25/10. When does the clock start? Can I sue?

    Answered almost 4 years ago.

    1. Andrew Warren Singer
    2. Bryan Warren Dillon
    3. Andrew David Simons
    3 lawyer answers

    First- let me suggest that you have an attorney review both of your Agreements. Second- typically, under CA law, the Statute of Limitations begins to run when you know or reasonably should have known of the harm. In this instance, you discovered the fraudulent behavior on 8/25/10, and in any suit you would argue that the SOL began to run then. However, if you were negligent in this discovery i.e. by failing to read the Licensor Agreement or in failing to open your company, this may have...

    2 people marked this answer as helpful

  3. I am suing the CA Dept of Justice for some records under the CA Information Practices Act, and I am now conducting discovery.

    Answered almost 4 years ago.

    1. Rebekah Ryan Main
    2. Troy Austin Pickard
    3. Andrew Warren Singer
    3 lawyer answers

    Discovery is a complicated process, and, as you are going up against the DOJ with its many resources, you should be prepared to use every tool available to you. Interrogatories AND request for production of documents should be filed, as in the Interrogatories the DOJ will only be required to answer that a document or database does or does not exist. Your Request for Production should call for production of any documents or databases identified in the Interrogatories as well as any other...

    1 person marked this answer as helpful

  4. How long does a person have to serve papers

    Answered over 4 years ago.

    1. Andrew Warren Singer
    2. Robin Marie Estes
    2 lawyer answers

    If you filed for a temporary restraining order (TRO), you have 30 days to have the defendant served. If service cannot be accomplished within that timeframe, you must appear in court on the date indicated on your petition, and explain to the judge that you need more time. If you have a good enough reason for the service not being accomplished, the judge will typically re-issue the TRO, granting you thirty more days to serve the defendant. If you cannot explain to the judge's satisfaction, your...

    1 person marked this answer as helpful

  5. I know that when a California corporation is suspended, it cannot sue or defend any action in court. What about an LLC?

    Answered almost 4 years ago.

    1. Andrew Warren Singer
    2. Dana Howard Shultz
    3. Frank Wei-Hong Chen
    3 lawyer answers

    An LLC’s loss of rights are equivalent to a Corporation. Until the LLC’s status is corrected, while it is suspended it cannot legally operate. This means that it cannot engage in any business transactions and in addition it also cannot sue or defend any action in court. ATTORNEY DISCLAIMER: The above does not constitute litigation advice and I am only answering this question according to the rules and principles of AVVO. My answering the question does not create an attorney/client...

  6. If a tenant who is renting a room, and violates the contract is a 3 day pay or quit legal?

    Answered almost 4 years ago.

    1. Andrew Warren Singer
    1 lawyer answer

    A three day pay notice is legal if the procedure is carried out properly. A landlord can serve a 3-day notice if they : -Failed to pay the rent. -Violated any provision of the lease or rental agreement. - Materially damaged the rental property ("committed waste"). -Used the rental property for an unlawful purpose. -Substantially interfered with other tenants ("committed a nuisance"). -Committed domestic violence or sexual assault against, or stalked another tenant or subtenant on the -...

  7. Mom passed away and left living trust how do i get a copy of it

    Answered almost 4 years ago.

    1. Shahram Michael Miri
    2. Andrew Warren Singer
    3. Brad S Hindley
    3 lawyer answers

    There really is no "right" to see the trust, however, as a likely beneficiary the trustee should share some information with you. It is important to remember that your mother had the legal right to leave part of her estate to you, or to exclude you entirely. Unless you suspect foul play or undue influence on the part of your nephew, you should try talking to him about your concerns and questions before taking legal action. If you are a beneficiary under the trust, your nephew's only obligation...

  8. What to do if a person named their business VERY CLOSE like my business.

    Answered about 4 years ago.

    1. Bo R Lee
    2. Pamela Koslyn
    3. Andrew Warren Singer
    4. Joseph Christopher Gioconda
    4 lawyer answers

    Unfortunately, you will most likely lose money if you decide to take this issue to court. While there are some interesting potentials regarding litigation (as noted in the previous answers), the facts remain that you both are engaged in a fairly broad business. Having the word “fitness” in your name does not mean that the court will find anything particularly distinctive or unique about either one of your businesses. Protecting your claim will depend upon being able to show that your claim has...

  9. Can I reject a demotion (without cause) offer and still remain eligible for UI benefits if terminated?

    Answered over 4 years ago.

    1. Andrew Warren Singer
    1 lawyer answer

    The short answer is no. An individual can be disqualified from receiving UI if they leave their work voluntarily, without good cause, or were terminated for misconduct. Misconduct is defined fairly clearly, and I don't think refusal to perform the same function with a different, lesser title constitutes miconduct. You need to make sure not to refuse to perform any duties under your existing title. Nothing in this response is intended to confer an attorney-client relationship. Consult a legal...

  10. Trust vs. squatters rights over property?

    Answered over 4 years ago.

    1. Janet Lee Brewer
    2. Andrew Warren Singer
    2 lawyer answers

    I agree with Ms. Brewster. What your sister is referring to is "adverse possession", and, as pointed out, she fails the adverse portion. Additionally, the trust terms would over-ride any perceived agreement your sister has with her mother, unless your mother has agreed to put something in writing regarding your sister's claims. Even in that case, however, your sister would have a difficult time proving that the writing was meant to revoke the trust terms. Do you have a copy of the trust?...