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Roger G. Kosla
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Roger Kosla’s Answers

16 total


  • Do I need to file the Response for the Dissolution of Marriage if there are no children or property?

    Do I need to file the Response for the Dissolution of Marriage if there are no children or property?

    Roger’s Answer

    You don’t need to file anything but may want to file a response.

    You can do nothing – which means that whatever your spouse requested for in their petition will probably be granted. This will include decisions based on property, support, custody and visitation on what your spouse requested in the petition.

    You could also file a response if you disagree with what the spouse is asking for in the petition. This is called a contested divorce, and will require the court to make a decision about your dissolution.

    If you have found this helpful and/or the best answer, please relay that information to the attorney by checking on the appropriate box below. It is greatly appreciated. Thank you.

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  • My car was wrongfully towed. what can I do?

    My car was wrongfully towed last night. I woke up to find my car gone this morning. I called to file a police report they ran my license plate and informed me it was towed. According to the towing company someone called my car in. Its private prop...

    Roger’s Answer

    Wrongful Towing is governed by Vehicle Code section 22658. There are several ways to fight your towing in small claims court. First, you could argue that the sign formalities in VC section 22658 (a) (1) were not met. If sign formalities were not met, the private property owner could be liable for statutory damages. Second, you could also argue that the towing was an illegal “roving tow at night” operation. VC s 22658 forbids tow truck drivers from having absolute discretion to tow, except in an emergency, handicap parking or fire lane. Depending on your facts there could be other statutory actions.

    However, you would have problems suing the tow truck company in small claims court. When you recover your car from a towing lot, the tow company usually makes you waive any and all claims against them. You may want to challenge this release as a contract of adhesion or unreasonable.

    To begin, file a small claims action to obtain any recovery. Read Vehicle Code s 22658 very closely because a judge may be unfamiliar with this nuanced area of law.

    If you have found this helpful and/or the best answer, please relay that information to the attorney by checking on the appropriate box below. It is greatly appreciated. Thank you.

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  • Do the biological paternal grandparents have visitation rights after a child has been placed with the maternal grandparents now

    the maternal grandparents has guardianship, when the mother of the children pass away and the maternal grandparent do not want the paternal grandparent to see the children or to get close to the children. do the paternal grandparents has any right...

    Roger’s Answer

    In California, a Grandparent can ask the court for reasonable visitation with the grandchild. To give a grand parent reasonable visitation with a grandchild, the court has to find: (a) preexisting relationship that “engendered a bond,” and (b) balance the best interest of the child.

    If you want further advice, please call at 916.923.2800 or write in the comment section below. Please include the specific facts you believe will support visitation rights. If you have found this helpful and/or the best answer, please relay that information to the attorney by checking on the appropriate box below. It is greatly appreciated. Thank you.

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  • I am Canadian citizen, and my husband lives in California, can i file divorce from California

    my husband is US green card holder, as well as Canadian Citizen but he don't want to come here

    Roger’s Answer

    In California, California has jurisdiction to grant a judgment for dissolution, nullity or legal separation if either party is domiciled in California. Generally, domicile is the place that a party is present with the intent to permanently remain. However, Family Code § 2320(a) makes it a little more difficult by changing the domicile requirement and stating that a judgment for dissolution may not be entered unless one party was a “resident” of California for 6 months immediately before the petition. Additionally, there are also other rules on which county you can file in.

    I agree with my colleagues are correct that your may be able to consent to the jurisdiction, but want to add something. There could be a problem down the line if the respondent decides to raise the issue of either one of you not being residents of California 6 months before the filing of the divorce through a motion to quash or a defense of enforcement action.

    If you want further advice, please call at 916.923.2800 or write in the comment section below. If you have found this helpful and/or the best answer, please relay that information to the attorney by checking on the appropriate box below. It is greatly appreciated. Thank you.

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  • Can I get fired for choosing court over work?

    I just started a job, and am currently in training for the next 4 weeks. It is been extremely emphasized at work that I cannot miss not even one day out of these 4 weeks. Now I have court 3 weeks from now! Will they fire me? I mean, is it legal fo...

    Roger’s Answer

    It might depend on what the court appointment was for. Is it your own matter or a matter in which you are appearing as a criminal defendant? Is it jury duty? If it is jury duty, there are some protections in the labor code that may prevent an employer from discharging or penalizing you if you show up for court ordered jury duty.

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  • If I file for a Legal Separation in California and later reconcile my marriage, can I stop the separation process.

    If my spouse has 30 days to respond and agrees to the separation, how much time before we have to reconcile or dissolve the marriage.

    Roger’s Answer

    Generally there is no clock ticking or time limit to either dissolve the marriage or reconcile after filing a divorce petition. California law encourages the preservation of marriages and the Court has no desire for your spouse and you to remain legally separated, when in fact both of you have reconciled. Procedural, there are many things you can do during your Legal Separation action to if you two decide to reconcile down the line. For example, you can request a dismissal during the proceeding if you reconcile. Another example would be a motion to vacate the judgment after your spouse reconciled and after a judgment of separation.

    If you want further advice, please call at 916.923.2800 or write in the comment section below. If you have found this helpful and/or the best answer, please relay that information to the attorney by checking on the appropriate box below. It is greatly appreciated. Thank you.

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  • Do i need to fill out form FL-195 with divorce default with agreement?

    my ex-husband is responsible. We are getting divorse with a Marital Settlement Agreement. I dont want the money been take out from his paycheck. Can we do that?

    Roger’s Answer

    An FL-195 is a form you should fill out for a divorce with an agreement when the divorce involves minor children of the marriage. Here's a helpful checklist: http://www.courts.ca.gov/documents/fl182.pdf

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  • I am looking for a civil rights attorney to assist with, what will be a very large lawsuit.

    I am a motel owner of 15 years. My manager was fired last year for embezzling money, appx 50,000. The police has done little, I have figured out how she was double charging my customers thru pay pal cards. She has a lengthy criminal past under he...

    Roger’s Answer

    • Selected as best answer

    A civil suit against your former manager likely would be your best bet in obtaining justice for the loss of your home, $50,000, business and customers. Under your facts, you may have a case for various torts including: breach of fiduciary duty, interference with business opportunities, unjust enrichment, misappropriation and/or negligence.

    As I understand your narrative, you only went after him criminally and not civilly at the time. The two systems are different and non-exclusive. Now that your former embezzling manager has come into money from a settlement, you may have reason to bring a civil case against him (assuming that there hasn’t been any intervening action by him including bankruptcy). There's only so much criminal restitution damages can offer. And, you can obtain a civil judgment despite a criminal non-conviction (remember the example of O.J. Simpson). As a final thought, you should be mindful of the relevant statute of limitations here, which may be between one to three years depending on the cause of action.

    If you want further advice, please call at 916.923.2800 or write in the comment section below. Please include the specific facts you believe will support an business cause of action. If you have found this helpful and/or the best answer, please relay that information to the attorney by checking on the appropriate box below. It is greatly appreciated. Thank you.

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  • California community property my dad owned a harley before he married his wife he sold it

    my dad owned a harley before marriage he sold it and bought a new one with the money from the first one is it still separate property

    Roger’s Answer

    Under Family Code § 770, separate property includes property owned by either spouse before marriage, property acquired by gift or inheritance, rent from separate property and property acquired during the marriage with the proceeds of separate property. When separate property is commingled with community property, however, characterization may be difficult because it is often difficult to show that the payments were made from a separate property source.

    Here, the facts you describe seem to make it sound like the second motorcycle is separate property because it was purchased from a separate property source (the first motorcycle). However, I’m cautious in characterizing it as pure separate property because there may be community property commingling issues that would require you to trace the separate property payment source. On top of that there may be title a title presumption if the motorcycle was purchased in both of the husband and father’s name.

    I’de recommend that if you want further information you talk to a California attorney who practices in a community property state.. If you have found this helpful and/or the best answer, please relay that information to the attorney by checking on the appropriate box below. It is greatly appreciated. Thank you.

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  • How do i request for a rehearing by a Judge after a Dependency Court Referee particular order i disagree with?

    Los Angeles Superiour Court website specifies the right of a parent who has had their case decided by a Commissioner Or Referee to request for a Judge to rehear the case. How can i submit my case to be reheared by a judge? What form?

    Roger’s Answer

    Assuming this question deals with W&I section 252;

    according to California Rule of Court 5.542(a), a child, parent, or guardian may apply for a rehearing when a referee (not acting as a temporary judge) at any time within the expiration of 10 calendar days after service of a copy of the orders and findings. Your application for rehearing should include a brief statement of the legal and factual reasons you request a rehearing.

    In Sacramento County, the form is JC/E-001 located at the URL below. I'm not sure what the local form is in Lancaster, but you should consult a local attorney to help you with this matter.
    http://www.saccourt.ca.gov/forms/docs/jc-001.pdf

    If you want further advice, please call at 916.923.2800 or write in the comment section below. Please include the specific facts you believe will support a rehearing. If you have found this helpful and/or the best answer, please relay that information to the attorney by checking on the appropriate box below. It is greatly appreciated. Thank you.

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