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Sean Michael Patrick

Sean Patrick’s Answers

1,098 total


  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • How long do I have to file a wrongful termination lawsuit?

    Out on short term disability. FMLA exhausted before my scheduled return of 1-29-15. I was terminated on 2-2-15. I never went back to work. I never received any papers and I never signed any. I was employed for 11-1/2 years.

    Sean’s Answer

    A complaint of employment discrimination must be filed within one year from the date that the alleged discriminatory act occurred. You must first file a claim with either the EEOC or FEHA. An experienced attorney will be able to evaluate your case and let you know the chances of success. There are many qualified attorneys here on AVVO in the Sacramento Area that handle these types of claims.

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  • Is it legal to film me and use me in reality t.v. show without my knowledge?

    i believe i might be being used in a reality show,and or social media without my knowledge...and prayed upon bye acters to use my addiction for their own purposes...is their any action i can take to stop it,if thats the case or compensation?

    Sean’s Answer

    Typically in California it is not legal to record you and use your image for financial gain. Your case will be determined on actual evidence that you can produce to show that what you state here actually occurred.

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  • My Ed-Jones rep assured all my accts were protected from BK. But after filing, the court seized 1 acct for over $30k.Can I sue?

    I have several retirement accounts with Edward Jones (no stocks). I haven't deposited anything for over 8 years. About a year prior to filing for BK, my rep assured that ALL of my accounts were protected from any seizure from the courts. But the ...

    Sean’s Answer

    The real question is why are you relying on your Edward Jones representative for legal advice related to your bankruptcy? (Especially since it is apparent you had an attorney). To answer your question, yes, your representative can be liable for professional negligence if he/she failed to meet the standard of care for securities brokers. That can only be answered by a securities expert. This is a very fact dependent case and would need to be reviewed in detail in order to give you a more solid answer. Best of luck.

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  • Is it possible to modify our MSA?

    Judge at hearing recently for one item said sloppy lawyering on both sides left items unclear and vague. Can I modify the items? X probably won't go along with anything but I am willing to spend the time and money to get everything defined more ...

    Sean’s Answer

    Yes. You can modify an msa. From the sound of it, that may be the best option. I would consult an attorney to review the specifics.

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  • My insurance filed arbitration with the at fault driver insurance company, I was injured in the accident.

    Does abitration have anything to do with my settlement case.

    Sean’s Answer

    Likely not. Typically the arbitration is for subrogation purposes. If you were injured, you should consult an attorney to ensure your rights are protected and you get a full recovery.

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