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Justin Dain Hein

Justin Hein’s Answers

47 total

  • 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?

    I have a 1 battery, 2 dui, and 2 hit and runs - all misdemeanors and all over 7 years ago and no probation and restitutions have been paid.

    Justin’s Answer

    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).

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

    An attorney filed a lawsuit against his client for $15k unpaid legal fees in limited jurisdiction but failed to serve notice under B&P code 6200-6206. Is a general demurrer on complaint likely to prevail?

    Justin’s Answer

    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 malpractice or professional misconduct.
    3. Disputes where the fee or cost to be paid by the client or on his or her behalf has been determined pursuant to statute or court order.

    However, assuming that those exceptions are irrelevant, then you should be able to move forward with dismissal.

    Keep in mind that this may just result in the attorney voluntarily dismissing the action, serving the notice, and then filing suit thereafter. So, if you want to seek arbitration of the dispute, you may be better off meeting-and-conferring with the other side about stipulating to a stay of the lawsuit until the arbitration is completed.

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  • How long to I have to wait for my lawyer to respond to me before it is considered a "non-responsive" action?

    I asked to meet with my lawyer via email two weeks ago. I then sent a certified letter requesting a meeting since I receive no response. Another week has gone by and still no response.

    Justin’s Answer

    I think further information is needed to truly answer this question. For example - what type of law, what status of the representation, do you have a signed fee agreement, whether the attorney is charging you by the hour.

    Generally, I would recommend calling the attorney and following up in writing requesting a response by a certain date. Then if the date comes and goes, terminate the representation, in writing, by letting the attorney know that you are terminating them for being non-responsive.

    In the mean time, try to identify a new attorney who can take over your matter if your attorney fails to respond. Ideally, this person is identified by your deadline so that you can swiftly shift your representation to new counsel.

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  • What are my rights if a technology contract agency decides not to honor the terms in a written offer?

    A technology contract agency offered me a contract at a local software company. After we negotiated on the W2 rate, they counter with a final rate to which I agreed. They send me the employment paperwork, which included the latest rate and len...

    Justin’s Answer

    If the offer of employment was accepted and the contract signed, then you should have an enforceable agreement.

    However, terms can be placed in the written agreement that alter the normal offer-to-acceptance-to-actionable dynamic. For example, many contracts include a provision that makes the agreement/contract only effective after the offering party signs the written agreement. So, you would have to review the contract in greater depth to know for sure.

    Then there is the whole "legally liable" quandary. Are you done negotiating? Is the relationship irreparable? Then asserting your rights might be something you are interested in doing. But that would mean threatening to file a lawsuit. You wouldn't want to threaten a lawsuit with someone with whom you wish to start a new employment relationship.

    Furthermore, there is the whole issue about damages. How have you been damaged? Depending upon the terms of the agreement, their may not have been much certainty in compensation. Or, termination of the agreement may have been at will. Furthermore, you might get a job tomorrow that pays at - or even above - the same as was offered. Thus, you would have no real damages upon which to pursue.

    So, the general answer to your general question is likely "yes". However, all of the details matter as to whether that "yes" switches to a "no" or "so what" pretty quickly.

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

    I ask this question because I am considering moving to another State.

    Justin’s Answer

    You can practice Federal Taxation law.

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  • I just rec an email for mediation date. I was never served papers regarding mediation. Was I supposed to?

    We have 4 kids and we are not divorced. The case is under my husband, but I have not received any legal documents stating for mediation, let alone for divorce. Is this possible to do?

    Justin’s Answer

    Your question as written is a bit vague. For example, who is the email correspondence from? Is is from your attorney? Is it from the opposing attorney? Is it from the court? However, there could be a couple of possibilities at play here:

    1. The Court might be contemplating ordering its own mediation. The Judge has inherent power to do so. And so, they may be asking for dates that work for you and your husband as part of that order.
    2. Your attorney could be contemplating seeking mediation. Thus, your attorney would want to know when you are available.
    3. Opposing counsel could be contemplating seeking mediation. Thus, your attorney may simply be answering the question of opposing counsel, who is in the process of petitioning the court to order mediation.

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  • I am filling out ARTS-PB-501(c)(3) to incorporate a youth soccer club. How does public purpose differ from Charitable purpose?

    The purpose of the club program is to provide young kids with an educational opportunity to learn the game of soccer and develop skills related to the sport while simultaneous benefiting from positive experiences geared to keep them of the streets...

    Justin’s Answer

    The question on the application is attempting to determine what type of non-profit corporation you are seeking to become. Thus, it is not an either or question. Rather, you can have a public benefit purpose or a public benefit and a charitable purpose. The difference is that for the charitable purpose, you would be receiving and managing tax deductible donations to your business to help it attain its public benefit purpose.

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

    The Park has asked that I provide the registration of my unit so that they may make a copy of it. She says that the property manager said it is in the codes that we are to provide it when asked. Out of curiosity I asked what code it was and he tol...

    Justin’s 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 within the park. So, I would presume that the requirement you provide a copy of your registration is within those rules.

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  • Can I still get my license?

    I got pulled over for driving without my headlights on. I only have a permit and was not driving with a licensed driver. The cop gave me a ticket for my headlights and told me the DMV would most likely not give me my license now, is this true?

    Justin’s Answer

    Your question is a little vague. Can you still get a driver's license? Yes, you most certainly can. However, your path to acquiring it may have gotten a little more complicated.

    The DMV operates on a point system for violations of the Vehicle Code. However, because you are a student/minor driver, it is a little bit more strict. 2 points on a provisional license can result in an immediate suspension. Any points on a permit can result in an immediate rescission of the permit. Obviously, suspension or rescission will result in your losing driving privileges. But both are temporary.

    So, you should be doing all you can to accrue knowledge and training with your permit still in place. Then, at the time of your court hearing on your ticket, you can explain the actions taken since the infraction. The Judge and DMV may be lenient on you.

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  • What licenses do I need to offer advanced phlebotomy training?

    I would like to offer Phlebotomy Consulting Services to Licensed Phlebotomists (I have 11 yrs experience). This would include drawing blood from adult volunteers etc... what licenses and permits do I need and what kind of attorney do I consult wit...

    Justin’s Answer

    The California Department of Public Health is the agency with oversight of phlebotomists. They require licensure/certification for various types of phlebotomy. They have an extensive Frequently Asked Questions section on their website, which I have included a link.

    As for your question about training/consulting, it is a little unclear to me what you mean. There isn't any special designation or license you have to acquire in order to provide advanced phlebotomy training or independent consulting to licensed phlebotomists, as the license confers the right to conduct phlebotomy. So long as you yourself are appropriately licensed, you can provide this type of service. However, if you are seeking to create a certified program to confer some type of status or title to those who complete your program, then you are at the beginning of a long process - to first get approved as a phlebotomy training program and then to convince the Department of Public Health of the need for an advanced level of certification or training.

    Finally, as to what type of attorney, you would be looking for administrative law, health care law, or professional licensing law attorneys, as well as attorneys with a background in public contracts and business. All of those disciplines will be contributing to the assistance you will need to get your business up and off the ground.

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