Roger G. Kosla’s Answers

Roger G. Kosla

Sacramento Family Law Attorney.

Contributor Level 4
  1. I am looking for a civil rights attorney to assist with, what will be a very large lawsuit.

    Answered about 2 years ago.

    1. Roger G. Kosla
    2. Malosack Berjis
    3. Daniel C Grupenhagen
    4. Rixon Charles Rafter III
    4 lawyer answers

    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...

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  2. How can I get a restraining order against my wife's boy friend, married , who harass me to see my only child, 8 yr.old son.

    Answered about 2 years ago.

    1. Roger G. Kosla
    1 lawyer answer

    In California, generally, a restraining order can be against a boyfriend/girlfriend of an ex spouse/partner. There are several types of restraining orders including: (1) Domestic Violence Prevention Act (DVPA) orders – Normally effective for a few weeks. (2) Emergency Protective Order – Normally Effective for a few days. (3) Civil Harassment Restraining Order – This type is for anti-stalking, ant-threats and that sort of thing. (4) Criminal Protective Order – Only issued through the...

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  3. Are restraining orders based only on immediate threat or not

    Answered about 2 years ago.

    1. Roger G. Kosla
    2. Jacques Tushinsky-Fox
    3. Dennis Wayne Stanford
    3 lawyer answers

    There are several types of family and civil restraining orders in California, including an emergency protective order and protective and prevention order. F.C. 6240 et seq. allows the court to issue an emergency protective order, upon an ex parte showing that “a person is in immediate and present danger of domestic violence, based on the person’s allegation of a recent incident…” Here, since the threat occurred 10 months ago and was not acted upon, is likely is not immediate or recent...

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

    Answered about 2 years ago.

    1. Adrienne Patricia Allen
    2. Roger G. Kosla
    3. Nicholas Basil Spirtos
    3 lawyer answers

    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...

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  5. Can I get fired for choosing court over work?

    Answered about 2 years ago.

    1. Roger G. Kosla
    2. Michael Robert Kirschbaum
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered about 2 years ago.

    1. Edmund Lee Montgomery
    2. Roger G. Kosla
    3. Jeffrey Phillip Blum
    4. John Vincent Montero
    5. Robert Andrew Michael Burns
    5 lawyer answers

    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...

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

    Answered about 2 years ago.

    1. Roger G. Kosla
    1 lawyer 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...

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

    Answered about 2 years ago.

    1. Abelardo Fernandez
    2. Roger G. Kosla
    3. Martha Bronson
    3 lawyer answers

    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/...

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

    Answered about 2 years ago.

    1. Stuart Gregory Steingraber
    2. Guy W Bluff
    3. Roger G. Kosla
    3 lawyer answers

    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...

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

    Answered about 2 years ago.

    1. Richard Forrest Gould-Saltman
    2. Roger G. Kosla
    3. Martha Bronson
    3 lawyer answers

    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...