Justin Dain Hein’s Answers

Justin Dain Hein

Sacramento Administrative Law Lawyer.

Contributor Level 10
  1. What kind of attorney will I need to represent me in a administrative hearing against the california department of social servi

    Answered about 3 years ago.

    1. Christine C McCall
    2. Justin Dain Hein
    2 lawyer answers

    An attorney who practices administrative law, specifically, professional licensing law. This area of law is specialized in that it can involve all three branches of the government (executive, legislature, and judiciary). These attorneys understand the administrative law process, which differs from the civil or criminal law process, and the nuances in the laws given each of the executive agencies making the licensing decision (i.e. Department of Social Services). My law firm (Simas &...

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  2. How is restitution for a quasi contract calculated?

    Answered over 1 year ago.

    1. Justin Dain Hein
    2. Michael Charles Doland
    3. Kevin Samuel Sullivan
    4. James Churchill Glassford
    4 lawyer answers

    Contracts can be either "express," "implied in fact," or "implied in law." Implied-in-law contracts are also commonly referred to as quasi-contracts. The law governing each is quite different and from your statement of facts, it is not clear which one applies. An express contract is one, the terms of which are stated in words, either orally or in writing. An implied-in-fact contract is one, the existence and terms of which are manifested by conduct. The distinction between express and...

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  3. Paying Federeal Tax on Repossessed Automibles

    Answered about 7 years ago.

    1. Matthew Scott Ritchie
    2. Justin Dain Hein
    3. Janet Lee Brewer
    3 lawyer answers

    If you do not make payments you owe on a loan secured by property (i.e. an automobile), the lender may repossess the property. The repossession is treated the same as a sale or exchange from which you may realize gain or loss. This gain or loss is treated as a gain or loss even if you voluntarily return the property to the lender. You figure and report gain or loss from a repossession in the same way as gain or loss from a sale or exchange. The gain or loss is the difference between your...

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  4. What do I need to open a strip club?

    Answered over 2 years ago.

    1. Justin Dain Hein
    2. Raphael Samuel Moore
    3. Nicholas Basil Spirtos
    3 lawyer answers

    From a very brief review, it looks like you need an Operator Permit, in addition to a normal business license with the City of Stockton. You are also prohibited from selling alcohol. This is, of course, assuming you are going to open it in your city of reference. If so, a good place to start would be the City of Stockton Municipal Code. Title 5, Chapter 5.60 has an extensive overview of the requirements. In other municipalities, there may be other requirements. And you might be permitted...

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  5. Can a complaint be successfully demurred where attorney failed to serve notice of arbitration under B&P 6200-6206 on defendant?

    Answered 2 months ago.

    1. Lara Ruth Shapiro
    2. Justin Dain Hein
    2 lawyer answers

    B&P Code 6201(a) clearly states that the "Failure to give this notice shall be a ground for the dismissal of the action or other proceeding." So, a motion to dismiss appears the most appropriate. However, keep in mind that there are some exceptions to the above rule. The notice is not required when: 1. The attorney is seeking to initiate contractual mediation/arbitration. 2. The client is seeking affirmative relief against the attorney for damages or otherwise based upon alleged...

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  6. MRL: Requiring I provide Registration, Do you know the specific code?

    Answered 3 months ago.

    1. Justin Dain Hein
    1 lawyer answer

    Your question is vague, as written. I am not completely sure what you are seeking. However, I assume by MRL you mean Mobilehome Residency Law. If not, then my answer will probably not be very helpful. There is no law that specifies that you must provide proof of registration of your mobile home to the park. However, the law does state, repeatedly, that you must comply with "reasonable written rules and regulations of the park," which were given to you at the time of starting your occupancy...

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  7. If I only wanted to practice exclusively Federal law, what are potential practice areas suitable for a small law office?

    Answered 3 months ago.

    1. Alan Ray Barnes
    2. Justin Dain Hein
    3. Anthony Bettencourt Cameron
    4. Matthew Scott Berkus
    5. Brett Lorin Wittner
    6. ···
    7 lawyer answers

    You can practice Federal Taxation law.

    2 lawyers agreed with this answer

  8. Taking time off from work to attend child's school function

    Answered over 2 years ago.

    1. Justin Dain Hein
    2. Michael Robert Kirschbaum
    3. Neil Pedersen
    3 lawyer answers

    Under California Labor Code Section 230.8, employees who are parents, guardians or grandparents with custody of children in kindergarten or grades 1-12, or attending a licensed day-care facility, may take off up to 40 hours each year (not to exceed eight hours in any one month) to participate in their children’s school activities. Employees must provide their employers with reasonable notice of a planned absence. In addition, they must use existing vacation, personal leave or compensatory...

    2 lawyers agreed with this answer

  9. I want to apply for real estate license in CA. I have 1 battery, 2 dui, and 2 hit and run - all (M), 7 years ago. Possible?

    Answered 2 months ago.

    1. John D. Bishop
    2. Peter John Marek
    3. Justin Dain Hein
    4. Michael P Cognata
    5. C. Zadik Shapiro
    5 lawyer answers

    Seek expungement of your cases under Penal Code section 1203.4. As per Assembly Bill 2396, licensing agencies, such BRE, "cannot deny a license solely basis of a conviction that has been dismissed pursuant to Section 1203.4…of the Penal Code." This is now found in Business & Professions Code, section 480(c).

    1 lawyer agreed with this answer

  10. Tax returns

    Answered about 7 years ago.

    1. Justin Dain Hein
    2. Anthony John Colleluori
    2 lawyer answers

    You must keep your records for as long as they are important for the federal tax law. Keep all records that support an item of income or a deduction appearing on a return until the statute of limitations for the return runs out. For assessment of tax you owe, this generally is 3 years from the date you filed the return. For filing a claim for credit or refund, this generally is 3 years from the date you filed the original return, or 2 years from the date you paid the tax, whichever is later....

    1 lawyer agreed with this answer

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