David C. Garner’s Answers

David C. Garner

Employment / Labor Attorney.

Contributor Level 15
  1. I work in California. My employer made me sign an employment contract that states I must work for them for 18 mo. Is this legal?

    Answered about 5 years ago.

    1. David C. Garner
    2. Melissa Cari Marsh
    3. Francis Xavier Pray
    3 lawyer answers

    I suppose its legal in that you can agree to many things in a contract, but the real question is whether or not its enforceable. First of all, the working for 18 months provision is not enforceable as they cannot obtain specific performance on a labor contract. The real question is are you on the hook for the $7,500. More facts would be helpful, but it appears to be a timing issue with consideration. If, prior to the training, they approach you and offer you a contract saying "we will...

    1 person marked this answer as helpful

  2. I filed a lawsuit against someone and settled out of court.

    Answered about 5 years ago.

    1. Gerald Gould Knapton
    2. David C. Garner
    3. Brian Richard Dinday
    3 lawyer answers

    I suppose. I don't know why someone would do it, but nothing unethical springs to mind. Why do you care as long as you got your money?

    1 person marked this answer as helpful

  3. Can I sue the parents of a school bully?

    Answered about 5 years ago.

    1. David C. Garner
    1 lawyer answer

    It depends on your damages. Small claims court has a limit of $7500, so that might be a good place to start. Generally in California a parent is liable for the wilful misconduct of a minor child. You might also seek a restraining order against the miscreant.

    1 person marked this answer as helpful

  4. I just won a judgement in small claims court against a person won hit me in an accident. Defendant's insurance insn't happy.

    Answered about 5 years ago.

    1. Brian Richard Dinday
    2. Jonathan H Levy
    3. David C. Garner
    4. Steven Ronald Kuhn
    5. Norman Gregory Fernandez
    5 lawyer answers

    I have a hard time believing that they would devote legal resources to a $2500 case. The fact that they are informing you that they will have a lawyer sounds like an attempt at intimidation to me. Stand your ground. If they move forward, seek out a pro bono resource or the help of a legal aid society. Western State University College of Law in Fullerson has a legal clinic that would probably love to help with this. Contact them here: http://www.wsulaw.edu/onsite-legal-clinic/

    1 person marked this answer as helpful

  5. My husband & I are planning 2 have a baby. Is there a paper I can fill out that will guarantee he wont have to pay child support

    Answered about 5 years ago.

    1. David C. Garner
    2. Richard Forrest Gould-Saltman
    2 lawyer answers

    First of all, no, you can't do that. The right of support vests in the child and you can't waive it. Secondly, it would be ill advised even if you could. IF you marrige goes down the tubes, the last thing you would be wanting to enforce is an agreement that would deny you the resources necessary to help raise your child. Look at it this way. If you divorced and HE got custody, would you feel good paying child support knowing that even if you ultimately got custody he wouldn't have to?...

    1 person marked this answer as helpful

  6. I was ordered to pay spousal support, if I remarry do I have to continue paying ex wife

    Answered about 5 years ago.

    1. David C. Garner
    2. Richard Forrest Gould-Saltman
    3. Sondra Ellyn Bennaeim
    4. Brian Richard Dinday
    4 lawyer answers

    Your subsequent remarriage will have no effect on your obligation to pay her. If she remarries however, the support would likely be ended.

    1 person marked this answer as helpful

  7. 29 yr old adult shows up at my door asking if im thier dad what are my legal obligations if i turn out to be the bio father?

    Answered about 5 years ago.

    1. David C. Garner
    1 lawyer answer

    I don't think you have much to worry about, but while I am licensed to practice in California, this is not my area of expertise. There is no statute of limitations on collecting a child support order in California, but since it appears that none exists and it has been eleven years since one could, any applicable statute of limitations would probably have run. If you are worried, check with a family law attorney near you.

    1 person marked this answer as helpful

  8. I got divorced and left my wife on my health insurance and got caught. What will happen?

    Answered about 5 years ago.

    1. David C. Garner
    2. Edgardo Rafael Baez
    2 lawyer answers

    This isn't a good situation. I would suggest consulting an attorney now. Making false statements in order to obtain insurance is a felony so I think it would be wise to have counsel available as you talk through this. Your statements can be used against you. I would imagine your employer wants their premiums back, and the insurance company will want the cost of the care they paid for back. It would be helpful to know to what degree your ex-wife was involved in all of this.

    1 person marked this answer as helpful

  9. I ordered furniture in another state but want to cancel the order.

    Answered about 5 years ago.

    1. David C. Garner
    2. Edward Wallace Russey III
    2 lawyer answers

    It would be helpful to have more facts, but based on what you wrote you have entered into a valid and enforceable contract to purchase this furniture. It does not matter that you did not sign the invoice, you tendered partial payment. That is likely sufficient evidence that the aggreement exists. There is no cooling off period unless you contracted for one. What would be helful to know is whether the delivery interval and shipping costs were disclosed prior to your payment. The way you...

    1 person marked this answer as helpful

  10. I am a second year law student who recently received my first DUI conviction? Will this affect my California bar admittance?

    Answered about 5 years ago.

    1. David C. Garner
    2. Kevin Paul Smith
    3. George Fredrick Mueller
    4. Aaron Reuben Bortel
    4 lawyer answers

    I wish you would not word it that way. You make it sound as if there are more to come. See that there aren't. That said, as a law student and as an attorney you are expected to exhibit a high moral fitness to practice law. Part of practicing law is obeying the law. When you apply for admission you will have to complete a moral fitness evaluation (a lengthy six-month process). This is not going to help you secure a positive rating. That said, if that is your only infraction, and you...

    1 person marked this answer as helpful