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Kenneth Lewis Swenson's Answers
- 537 Legal Answers
- 0 Legal Guides
1
Attorney answers:
What is the Statue of Limiations to file a wrongful termination case?
The term statute of limitations refers to the time in which a party may commence a civil action by filing a complaint in the appropriate court. The failure to file a civil action within the statute of limitations period provides a complete defense to the untimely claims, with certain exceptions which space dos not permit me to discuss. A statute of limitations runs from the time a cause of action accrues. The date of accrual and period of time depend on the cause of action. The length...
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3
Attorney answers:
How do I get my wage garnishment lowered?
California law permits 25% of your income to be levied by wage garnishment. A claim of exemption allows the judgment debtor to reduce the percentage where leving the full amount creates undue hardship. But, a claim of exemption will be denied where the underlying debt was incurred for the common necessaries of life such as medical care, under Code of Civil Procedure section 706.051, subdivision (c)(1). The denial of your claim of exemption does not mean the judgment creditor cannot agree...
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Attorney answers:
How is disposable income calculated for wage garnishments?
If the judgment creditor garnishes your wages, you may file a Claim of Exemption with the levying officer within the time provided in the notice of levy. You may find the necessary forms on the website for the California Courts at http://www.courtinfo.ca.gov/cgi-bin/forms.cgi, including the Financial Statement (Form WG-007). Reviewing the Financial Statement form will give you an idea how the court would approach the calculation of non-exempt income. If the judgment creditor opposes the...
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1
Attorney answers:
If an employer terminates you (with false accusations) and it prevents you from getting EDD and/or a new job, what can you do?
Defamation requires a false statement of fact. The statements that your sister had poor judgment or was somehow responsible for mishandling or destruction of property were probably not statements of fact, depending on the particulars of the matter. As for unemployment insurance benefits, the termination may not have been for misconduct based on the statements described in your question. Your sister should appeal if she is denied benefits. Your sister may file a claim with the Labor...
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2
Attorney answers:
I believe I have legitimate reasons for quitting my job; would I be able to receive unemployment benefits?
California Unemployment Insurance Code section 1256 provides that an employee is disqualified from receiving unemployment insurance benefits if he or she has left the most recent work voluntarily without good cause. If you quit, your eligibility for benefits depends on whether you had good cause, based upon the particulars of your case. The California Employment Development Department, which makes the initial eligibility determination, has published some guidance on how it determines good...
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3
Attorney answers:
Can I sue someone for libel or slander even if it is not about me?
Defamation requires the publication of a false and unprivileged statement of fact about you which damages your reputation. You would not be able to plead the elements of defamation, based on the information you have provided in your question.
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3
Attorney answers:
How do I get my wage garnishment lowered?
In response to your follow-up question posted in the additional information field, a civil money judgment ordinarily would be dischargeable in bankruptcy.
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2
Attorney answers:
False police report
As for a personal injury case against the two men who accused you, California law provides them with an absolute privilege from liability for defamation for making a police report. This absolute privilege means that they would not be liable for damages even if they knowingly made a false report.
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2
Attorney answers:
Probate Fraud Will & trust in CA. never went through probate court.,
Based on the information provided in your question, your current attorney may have good reason not to take your case on a contingency fee basis. The lapse of time since your father's death, the very high standard of proof required in a fraud case, and the likelihood your brother may not have the means to pay a substantial judgment make it unlikely even a minimally prudent attorney would take the case on a pure contingency fee basis. Since having an attorney prosecute the case on an hourly fee...
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2
Attorney answers:
Take a lay off severance package when pregnant???
Far too many variables exist to provide a meaningful answer to your question. In your situation, you should consult with an employment attorney immediately to discuss the particulars of the matter and for necessary legal advice.
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