David C. Garner’s Answers

David C. Garner

Employment / Labor Attorney.

Contributor Level 15
  1. My former company threatens to sue me for defamation because I wrote a statement for 2 of my coworkers who sued them last year.

    Answered over 5 years ago.

    1. David C. Garner
    2. Kenneth Lewis Swenson
    2 lawyer answers

    Actually, those were probably the best words you could have used. The two best defenses to a defamation action are truth (what I said was true) and opinion (can't be proved true or false). You words would seem to fall into the latter. A couple of points. First, it does not matter that you used the word public. Second, published means communicated to a third party not the subject of the statement. A to C about B is publishing. If you say "ABC Restaurant has been cited 15 times for...

    3 people marked this answer as helpful

  2. How do I check out a law firm to insure they are legitimate?

    Answered over 5 years ago.

    1. David C. Garner
    2. Melissa Cari Marsh
    3. Alexander Miles Medina
    3 lawyer answers

    Contact the California Bar.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. Purchased a vehicle in "as is" condition, but it wont pass smog.

    Answered over 5 years ago.

    1. David C. Garner
    1 lawyer answer

    California vehicle code section 24007 (b) 2 Section 24007 (b)(2) of the Vehicle Code states it is the responsibility of the seller to provide a valid smog certificate at the time of delivery of the vehicle. There is no provision in the law to sell a vehicle "as is." Go back to the seller, inform them about Vehicle Code section 24007 (b)(2), and try to work things out amicably. If that fails, you have the option to pay for the repairs and the Smog Check yourself, and then take the seller...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Hi, collision at intersection, four way traffic single lane, with two stop signs. Im driving up hill with no stop sign, ca

    Answered over 5 years ago.

    1. David C. Garner
    2. Brian Richard Dinday
    3. Norman Gregory Fernandez
    4. Kenneth Lewis Swenson
    4 lawyer answers

    More facts would be helpful, but if what you say is true (you had no stopsign and she did) then she is probably at fault. If she could not see whether or not traffic was coming, she should not have pulled into the intersection.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Signed a havey waiver, now im on felony probation, w/ a 3 yr susp. sentence... if i were to get a violation of probation, how lo

    Answered over 5 years ago.

    1. David C. Garner
    1 lawyer answer

    It would be helpful to have a lot more facts here, but given what you have written, I will try and answer. A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. Based on what you wrote, it sounds like you pled guilty to one felony in order to have the others dismissed subject to the waiver....

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. What are my options?

    Answered over 5 years ago.

    1. David C. Garner
    2 lawyer answers

    Did the car come with the FTC warranty window decal? Most dealer re-sells will and are required to conspicuously post whether a car is sold as-is or not. "AS IS - NO WARRANTY"- If this box is checked this means that you are buying that used car with NO express or implied warranty. This means, simply put, that if your used car suffers a major breakdown on the way home from the lot you are stuck with paying for all the repairs yourself. "WARRANTY"- If this box is checked some sort of...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. In California - Can step-father adopt adult step-daughter?

    Answered over 5 years ago.

    1. David C. Garner
    1 lawyer answer

    You may adopt your adult step-daughter and this is in fact donw quite often as a means of solidifying relationships for purposes of probate. Its a defense to will contests. An adult adoption is when someone adopts a person who is over 18 and not related to them. The person adopting must be at least 10 years older than the adult they are adopting. You must file these documents with the Court: Petition Adoption Agreement Order Type them on pleading paper. You can get...

    3 people marked this answer as helpful

  8. Law of succession, Probate

    Answered over 5 years ago.

    1. David C. Garner
    2. Janet Lee Brewer
    2 lawyer answers

    You left out the most important fact - did they have a will. Since you did not mention it, I will assume they did not. You also did not mention where they live. Each state is different, so for purposes of crafting a general answer, I will assume they live in CA. Generally the assets will be distributed based on Probate Code section 6400-6414. A. If the decedent was not married, the estate is distributed as follows: 1. To the decedent's children, who take in equal shares if they are...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. A friend was subpoenaed to appear as a witness in a criminal case. How can she avoid being a witness?

    Answered over 5 years ago.

    1. Debra Sarah White
    2. David C. Garner
    3. Florencia Candy Rueda
    4. Brian Richard Dinday
    4 lawyer answers

    Unless the party that sent the subpoena relents, your friend will need to appear. I would contact the DA and explain the situation. Perhaps they can work out details so the your friend feel secure.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Am I entitled to this commission payment?

    Answered about 5 years ago.

    1. David C. Garner
    2. Arkady Igor Itkin
    3. William M. Pao
    3 lawyer answers

    If it was sent to you via email, it was in writing. You did not indicate if you have a copy of that email. If you do, print it out. If not, it is discoverable. It would be helpful to know how much is at stake here (and some more facts in general), but I think you have a strong basis for recovery based on contract, especially if you can show reliance on the agreement. Also, you did not discuss the circumstances of your departure, but under a quasi contract theory of unjust enrichment you...

    2 people marked this answer as helpful