Skip to main content
Sean Michael Patrick

Sean Patrick’s Answers

1,103 total


  • Can I still file for an emergency hearing for my kids?

    My children got removed from their mother by CPS and I was informed on Thursday and there is court on Tuesday. Can I still file for an emergency hearing on Monday to get my children?

    Sean’s Answer

    Mr Raysor is correct. If the hearing is Tuesday, it is unlikely that you will get in to court on Monday. Additionally, ex parte hearings (i.e. the procedure used for emergencies) are generally frowned upon by the court unless there is a real emergency. In this case, it is likely that even if you were able to get into court Monday, the court would deny the ex parte application since there is no real emergency. The court does not typically view removal of children for cause as an emergency. Further, the hearing on Tuesday provides notice to all parties, and will likely resolve the issues in a timely fashion. Consult with an attorney to ensure that your rights as a parent are adequately protected.

    See question 
  • My question has to do with civil procedure process regarding motions, including special motion 425.16

    I'm a pro per litigant. I served complaint on Def for defamation. Def responded through counsel on 30th day with Demurrer and MTS as ambiguous, Uncertain, etc., Hearing date has been set. While working on info to Oppose Demurrer and MTS, they se...

    Sean’s Answer

    Honestly, you should consider retaining an attorney. These motions can be procedurally complex and if done inappropriately can prevent you from moving forward with your case.

    See question 
  • My wife says shes got an attorney in sacramento california, were saperated

    We e have five children, she moved out, im willing to have joint custody but shre's refusing to have that she wants full custody nd shes gotcan attorney what are my chances of getting joint

    Sean’s Answer

    You should consult an attorney to assist you. Typically courts (and the law) prefer joint custody unless there are circumstances that would be detrimental to the child / children if joint custody is granted.

    See question 
  • I work for a company that doesn't allow me and other employees any breaks not even lunch most of the time.

    We all often work 11+ hours every day and it's back breaking work. we are not provided drinkable water and it is just not right that we don't get any breaks.

    Sean’s Answer

    You are ckrrect, it isn't right. You should consult an attorney here in Sacramento about pursuing your legal remedies.

    See question 
  • My girlfriend was riding in a Lyft, and there was an accident. She went to the hospital. Should she sue?

    Riding in Lyft. Collision at 40 MPH on 16th and Folsom, Driver had green light. Went to hospital with abrasions on chest and neck. Discharged. Stiffness and pain in neck.

    Sean’s Answer

    Yes. You should have her consult with an attorney sooner rather than later.

    See question 
  • Can a non lawyer draft/fill out a complaint for a corporation? Then file it and appear in court at hearing?

    I received a tro and a notice of hearing. I checked the petition and it was not signed and dated. The court still accepted it? I was advised not to attend the hearing because a non lawyer filled out and filed the complaint and it was void. And c...

    Sean’s Answer

    No. A person who is not an attorney cannot represent others (including corporations) in court. However, you should have appeared and raised the objection at the hearing. It sounds like you need to consult with an attorney to straighten this out.

    See question 
  • My husband wants a divorce, I do not. He wants to have 50/50 custody because he doesn't want to pay child support or alimony.

    He makes almost double what I make in income. I will not be able to support myself and our son without assistance. What rights do I have?

    Sean’s Answer

    Get a family law attorney. Even with 50/50 custody arrangements, child support and spousal support are often awarded in situations like these.

    See question 
  • What kind of lawyer do I need if a part-time employee is threatening to sue for racial discrimination?

    We had to hire someone else to be on call to cover an employee's frequent last minute shift cancellations. We said the existing employees needed to be flexible over the next couple weeks (so he can train some more to cover any upcoming last minute...

    Sean’s Answer

    You need an employment attorney that handles defense of these types of cases. Some attorneys handle both plaintiff's cases, and defense cases -- these attorneys will be able to assist you as well. You may also consider having the attorney consult on business practices so as to avoid these types of worries in the future. There are many attorneys on AVVO here in Northern California that can assist you. Best of luck.

    See question 
  • Is this a big problem?

    Met a girl online said she was 18 went out on a few dates and such after a night out she came back to my place and I slept with her next day I find out she is 17. I'm 23 and really don't want to deal with anything like a criminal record

    Sean’s Answer

    Yes it can be a huge problem for you. It honestly doesn't matter if you knew her age or not for criminal charges to be filed. Stop posting things online and keep your mouth shut. If you are lucky nothing will happen, if not, get an attorney and don't speak to ANYONE else except your attorney. best of luck.

    See question 
  • If an employee is terminated, is the employer legally required to give the employee a termination letter?

    I work as a sub teacher and I was not sent a reassurance letter for the upcoming year, yet I was not informed I was terminated. I can no longer log on to my school account. Furthermore, I have sent 2 emails regarding my employment status to HR in...

    Sean’s Answer

    No. California’s Labor Code specifies that an employment relationship with no specified duration is presumed to be employment “at-will.” This means, at least in theory, that the employer or employee may terminate the employment relationship at any time, with or without cause. There are exceptions to the at-will rule created by statute, the courts or public policy.

    See question