David C. Garner’s Answers

David C. Garner

Employment / Labor Attorney.

Contributor Level 15
  1. Shop lifting an item $60

    Answered about 5 years ago.

    1. David C. Garner
    1 lawyer answer

    My first advice would be to curtail this behavior in the future. My next advice would be to contact an attorney. You did not provide man facts here (like your age) so a complete answer is difficult. Even though the bracelet was only $60, a conviction can be a serious matter that lasts the rest of your life. I would do all I could to avoid that. You have rights that need protecting and experienced defense attorney can help do just that.

    1 person marked this answer as helpful

  2. Grandmother passed away but left my deceased father in the will.

    Answered about 5 years ago.

    1. David C. Garner
    2. Brian Lindsay Chew
    2 lawyer answers

    Absent some special provision making the gift conditional on his being alive at her death or something like that, the 1/4 of the estate to your father would pass to his heirs.

    1 person marked this answer as helpful

  3. When someone orders merchandise is your name and it's buy now pay later offer through the mail. What kind of fraud is this?

    Answered about 5 years ago.

    1. David C. Garner
    2. Robin Mashal
    3. Alan James Brinkmeier
    3 lawyer answers

    Call the police and report it. In addition to identity theft and good old fashioned everyday state fraud, this probably constitutes mail fraud (a federal offense).

    1 person marked this answer as helpful

  4. Should I go bankrupt?? Or should I suck it up and pay what we owe?? Sooooo confused...

    Answered about 5 years ago.

    1. David C. Garner
    2. Clifford Sculley Bordeaux
    2 lawyer answers

    Bankruptcy is going to make it difficult to get a new home, and bankruptcy itself is harder to do. In addition, a court may well take the bulk of your savings to partially satisfy the debt on those cards anyway. Since its a relatively small amount and you are almost half way there, I would recommend paying them off and avoiding bankruptcy. It would be helpful to have a lot more facts, but bankruptcy stays with you for a long time, and the fun "finance anyone" days are over.

    1 person marked this answer as helpful

  5. Question about California vehicle code 14610 and a DUI suspension

    Answered over 5 years ago.

    1. David C. Garner
    2. George Fredrick Mueller
    3. Aaron Reuben Bortel
    4. Ben Walter Pesta II
    5 lawyer answers

    If you have taken care of your court imposed requirements, then you are fine. You will not need to surrender your out-of-state license.

    1 person marked this answer as helpful

  6. Question about California vehicle code 14610 and a DUI suspension

    Answered over 5 years ago.

    1. David C. Garner
    2. George Fredrick Mueller
    3. Aaron Reuben Bortel
    4. Ben Walter Pesta II
    5 lawyer answers

    Interesting question. It would be helpful to have a lot more facts here, but I'll take a stab at this anyway. First of all, you did not say whether or not you are a resident of California. If you are, you had ten days from the time you became a resident to obtain a California drivers license. If you are not a resident then the DMV cannot demand the surrender of your out of state license. Where was the DUI?

    1 person marked this answer as helpful

  7. Can i sue my aunty for her having me cosign for her schooling then showing no effort to pay off her own debt

    Answered over 5 years ago.

    1. Okorie Okorocha
    2. David C. Garner
    3. Alan James Brinkmeier
    3 lawyer answers

    You were foolish to co-sign and create such an arrangement as this is exactly the pitfall these things create. The good news however is that you are not without recourse. I am assuming that you are saying you co-signed for her student loans and she has not been paying them so the loan companies/banks are looking to you. You will need the help of an attorney, but you can sue her and recover the money to pay the loans if she has it. If not, you can garnish her wages, etc. Talk with...

    1 person marked this answer as helpful

  8. Dismissal from work after 2 months of service due to background check technicality.

    Answered over 5 years ago.

    1. David C. Garner
    2. Brian Richard Dinday
    2 lawyer answers

    First of all, by Hall of Justice (HOJ) do you mean Department of Justice? In California the DOJ is the untimate repository for criminal history information. As far as a reason for termination, absent a contract, all employment in California is employment at will. That means absent a prohibited cause (race, age, sex, etc.) one can be terminated at any time. Being unwilling to wait for the outcome of the background investigation would appear to be a permissible reason to terminate...

    1 person marked this answer as helpful

  9. What is the penalty for an open container ticket in california?

    Answered over 5 years ago.

    1. Joseph Briscoe Dane
    2. David C. Garner
    3. Okorie Okorocha
    3 lawyer answers

    If what you say is true, I would vigorously contest this citation. It would have been helpful if you had included the section you were cited with, but I am assuming it is as follows: 23223. (a) No driver shall have in his or her possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been...

    1 person marked this answer as helpful

  10. The trustee failed in her fiduciary duty but has passed away is there any way to go after her estate for that failure?

    Answered over 5 years ago.

    1. David C. Garner
    2. Robin Mashal
    2 lawyer answers

    Yes, you may go after both. In the case of grandma, you may bring an action against her estate for your damages (assuming one is left). As far as your aunt is concerned, that would be a fact specific analysis as to the circumstances, but if she were a party to the improper use, then you can pursue a recovery there as well. Talk with an attorney but do it quickly. If you want to go after grandma's estate, you need to do it before it is probated and distributed.

    1 person marked this answer as helpful