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Rebekah Ryan Main
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Rebekah Main’s Answers

2,347 total


  • Can I get a different judge if I ask for one. This judge I have is new in family law and I don't feel like he knows much.

    can I get a different judge and if so what is the criteria for getting a knew judge

    Rebekah’s Answer

    If you have already appeared before this judge, then you can only get a new judge if you can demonstrate actual bias toward you or your case. “I don’t think the judge knows enough” is not a ground to challenge a judge. If you have not yet appeared, you can challenge the assignment and ask to be assigned to a different judge. Read Code of Civil Procedure sec. 170.6.

    An attorney can help you to “educate” a judge who is unfamiliar with a particular area of law. New judges tend to want to get it right, so you may be better off with a “new” judge anyway.

    Best of luck to you.

    Attorney Rebekah Ryan Main

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. We can be visited on the web at www.Main-Law.com or call 909-891-0906.

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  • What is the deadline to give a client their "Notice of Right to Fee Arbitration? What are the consequences for late notice?

    An attorney filed a lien in court, 9 days later he sent the client a notice regarding a client's right to fee arbitration. Can the lien be dismissed because the attorney did not serve the client's notice on time?

    Rebekah’s Answer

    You should be given the Notice of right to arbitration at the time a fee dispute arises. However, it is not required until an attorney has initiated judicial action against you to collect a fee. Your question is unclear with regard to the lien. It is an attorney lien for fees or a judgment lien? There is a difference.

    I suspect that the San Diego bar association has an attorney-client fee dispute program which can provide you with more information. In any event, you should communicate your fee dispute to the attorney in writing. An attorney may not distribute disputed fees from trust, until the dispute is resolved. The existence of the lien suggests that the attorney has not yet received some money, and if you dispute the fee you need to let the attorney know right away.

    Best of luck to you.

    Attorney Rebekah Ryan Main

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. We can be visited on the web at www.Main-Law.com or call 909-891-0906.

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  • Question about filling out summons:

    I am suing a UC school so I will be including the Regents of the University of California as defendant. For the summons, on the very bottom, I understand that I will mark the #1 box for individual defendants. But for the Regents, do I mark also ...

    Rebekah’s Answer

    The Regents are NOT individuals – Individual means a single natural human being. (For now at least). I am unfamiliar with how the Regents are organized. Are they a corporation? If so, then check on behalf of a corporation. Possibly the Regents are an association, in which case you would use that designation. In any event, you do not use “individual.”

    Best of luck to you.

    Attorney Rebekah Ryan Main

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. We can be visited on the web at www.Main-Law.com or call 909-891-0906.

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  • Can I use a Writ of execution for my case.

    I obtained a judgment that me and my ex-spouse have agreed on. I am to pay 15,000.00 to my ex-spouse in return I am to receive my vehicle back. She has refused to take the money, the vehicle is not worth that money but it was a gift from my father...

    Rebekah’s Answer

    This question should be addressed to your attorney, who knows the details of your situation and can certainly provide better legal advice than we can on a forum should as Avvo. Generally a writ of execution results in the sale and liquidation of the property. You want a writ of possession, I suspect. Talk to your attorney.

    Best of luck to you.

    Attorney Rebekah Ryan Main

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. We can be visited on the web at www.Main-Law.com or call 909-891-0906.

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  • Can I sue someone for giving me MRSA?

    he lied and withheld the fact that he had it now i'm suffering. now i'm awaiting an HIV test. he said he tested negative but I can't trust that.

    Rebekah’s Answer

    Maybe. It really depends on the circumstances and how you might “prove” such a thing. Unfortunately, lots of people have MRSA – it is routinely tested for in hospitals – and community acquired MRSA is not uncommon.

    Best of luck to you.

    Attorney Rebekah Ryan Main

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. We can be visited on the web at www.Main-Law.com or call 909-891-0906.

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  • Hi im in a big problem, im stuck in two legall marriages...in usa and in india..? plz help

    i was married here in usa, i didnt file a divorce for that marriage then i went to india and got second marriage and then got court marriage there....now im stuck bcz i cannot tell my second husband that i was previousally married and i cannot eve...

    Rebekah’s Answer

    Um. How do you think we can help? According to United States law, your second marriage is bigamous and not “legal.” I suppose that you should dissolve (by filing for an obtaining a judgment of dissolution by a court of competent jurisdiction) the first marriage and then marry the second spouse again, which would result in a truly legal marriage – assuming that you conduct the marriage ceremony in a legally recognized way. That’s about all the help I can offer.

    Best of luck to you.

    Attorney Rebekah Ryan Main

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. We can be visited on the web at www.Main-Law.com or call 909-891-0906.

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  • What are my legal rights to obtaining at least 50 percent custody of my daughter when I have a brain injury?

    Currently my brother has full guardianship of my daughter and the original agreement was that I'd move to Santa Cruz where her father and his side of the family all live and that we'd split custody 50-50 between her father and I. However since th...

    Rebekah’s Answer

    The law says that judges must give custody according to what is in the best interest of the child. Judges look at the children’s health, safety and well-being to decide whether to give custody to one or both parents. Courts also consider any history of abuse by one or both of the parents.

    Courts do not automatically give custody to the mother or the father, no matter what the age or sex of your children. Courts cannot deny a parent’s right to custody or visitation just because they were never married to the other parent, or because they or the other parent has a physical disability, or a different lifestyle, religious belief or sexual orientation.

    To decide what is best for a child, the court will consider:

    the age of the child,
    the health of the child,
    the emotional ties between the parents and the child,
    the ability of the parents to care for the child,
    history of family violence and/or substance abuse, and
    the child’s ties to school, home, and his or her community.

    Of course, making such a determination is very fact specific. An attorney can help you to sort out the details but I would ask: Does your brain injury prevent you from caring for your child in a typical way? If so, what plan do you have for accommodating that challenge?

    Deaf parents can safely raise children, they simply accommodate for their deafness – for example, by using monitors that alert them with light or vibration. Likewise, all sorts of challenged people make perfectly wonderful parents. The question is, can you safely care for your child? If the answer is yes, then it is in your child’s best interest to share custodial time with you. If the answer is no, then it is in your child’s best interest to have frequent contact with you, assisted in whatever way is needed.

    Best of luck to you.

    Attorney Rebekah Ryan Main

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. We can be visited on the web at www.Main-Law.com or call 909-891-0906.

    See question 
  • What are my legal rights to obtaining at least 50 percent custody of my daughter when I have a brain injury?

    Currently my brother has full guardianship of my daughter and the original agreement was that I'd move to Santa Cruz where her father and his side of the family all live and that we'd split custody 50-50 between her father and I. However since th...

    Rebekah’s Answer

    The law says that judges must give custody according to what is in the best interest of the child. Judges look at the children’s health, safety and well-being to decide whether to give custody to one or both parents. Courts also consider any history of abuse by one or both of the parents.

    Courts do not automatically give custody to the mother or the father, no matter what the age or sex of your children. Courts cannot deny a parent’s right to custody or visitation just because they were never married to the other parent, or because they or the other parent has a physical disability, or a different lifestyle, religious belief or sexual orientation.

    To decide what is best for a child, the court will consider:

    the age of the child,
    the health of the child,
    the emotional ties between the parents and the child,
    the ability of the parents to care for the child,
    history of family violence and/or substance abuse, and
    the child’s ties to school, home, and his or her community.

    Of course, making such a determination is very fact specific. An attorney can help you to sort out the details but I would ask: Does your brain injury prevent you from caring for your child in a typical way? If so, what plan do you have for accommodating that challenge?

    Deaf parents can safely raise children, they simply accommodate for their deafness – for example, by using monitors that alert them with light or vibration. Likewise, all sorts of challenged people make perfectly wonderful parents. The question is, can you safely care for your child? If the answer is yes, then it is in your child’s best interest to share custodial time with you. If the answer is no, then it is in your child’s best interest to have frequent contact with you, assisted in whatever way is needed.

    Best of luck to you.

    Attorney Rebekah Ryan Main

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. We can be visited on the web at www.Main-Law.com or call 909-891-0906.

    See question 
  • What are my legal rights to obtaining at least 50 percent custody of my daughter when I have a brain injury?

    Currently my brother has full guardianship of my daughter and the original agreement was that I'd move to Santa Cruz where her father and his side of the family all live and that we'd split custody 50-50 between her father and I. However since th...

    Rebekah’s Answer

    The law says that judges must give custody according to what is in the best interest of the child. Judges look at the children’s health, safety and well-being to decide whether to give custody to one or both parents. Courts also consider any history of abuse by one or both of the parents.

    Courts do not automatically give custody to the mother or the father, no matter what the age or sex of your children. Courts cannot deny a parent’s right to custody or visitation just because they were never married to the other parent, or because they or the other parent has a physical disability, or a different lifestyle, religious belief or sexual orientation.

    To decide what is best for a child, the court will consider:

    the age of the child,
    the health of the child,
    the emotional ties between the parents and the child,
    the ability of the parents to care for the child,
    history of family violence and/or substance abuse, and
    the child’s ties to school, home, and his or her community.

    Of course, making such a determination is very fact specific. An attorney can help you to sort out the details but I would ask: Does your brain injury prevent you from caring for your child in a typical way? If so, what plan do you have for accommodating that challenge?

    Deaf parents can safely raise children, they simply accommodate for their deafness – for example, by using monitors that alert them with light or vibration. Likewise, all sorts of challenged people make perfectly wonderful parents. The question is, can you safely care for your child? If the answer is yes, then it is in your child’s best interest to share custodial time with you. If the answer is no, then it is in your child’s best interest to have frequent contact with you, assisted in whatever way is needed.

    Best of luck to you.

    Attorney Rebekah Ryan Main

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. We can be visited on the web at www.Main-Law.com or call 909-891-0906.

    See question 
  • I moved recently.... a friend used his car for my most valuable things. the car owner smashed my 3000 .00 chandelier

    can the car owner make a claim against his car insurance to replace my chandelier? or do I have to sue him in civil court? I talked to him and he wont make a claim, he thinks his car insurance is going to go up. is that true? he did the damage an...

    Rebekah’s Answer

    He can try to make the claim for his insurance company. But, if he doesn’t want to do that, then your recourse is to sue him. You can file a small claims action for the value. Try sending a demand letter first, and see if you can resolve it that way.

    Best of luck to you.

    Attorney Rebekah Ryan Main

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated.

    See question