I got pulled over for driving without my headlights on. I only have a permit and was not driving with a licensed driver. The cop gave me a ticket for my headlights and told me the DMV would most likely not give me my license now, is this true?
Your question is a little vague. Can you still get a driver's license? Yes, you most certainly can. However, your path to acquiring it may have gotten a little more complicated.
The DMV operates on a point system for violations of the Vehicle Code. However, because you are a student/minor driver, it is a little bit more strict. 2 points on a provisional license can result in an immediate suspension. Any points on a permit can result in an immediate rescission of the permit. Obviously, suspension or rescission will result in your losing driving privileges. But both are temporary.
So, you should be doing all you can to accrue knowledge and training with your permit still in place. Then, at the time of your court hearing on your ticket, you can explain the actions taken since the infraction. The Judge and DMV may be lenient on you.See question
I would like to offer Phlebotomy Consulting Services to Licensed Phlebotomists (I have 11 yrs experience). This would include drawing blood from adult volunteers etc... what licenses and permits do I need and what kind of attorney do I consult wit...
The California Department of Public Health is the agency with oversight of phlebotomists. They require licensure/certification for various types of phlebotomy. They have an extensive Frequently Asked Questions section on their website, which I have included a link.
As for your question about training/consulting, it is a little unclear to me what you mean. There isn't any special designation or license you have to acquire in order to provide advanced phlebotomy training or independent consulting to licensed phlebotomists, as the license confers the right to conduct phlebotomy. So long as you yourself are appropriately licensed, you can provide this type of service. However, if you are seeking to create a certified program to confer some type of status or title to those who complete your program, then you are at the beginning of a long process - to first get approved as a phlebotomy training program and then to convince the Department of Public Health of the need for an advanced level of certification or training.
Finally, as to what type of attorney, you would be looking for administrative law, health care law, or professional licensing law attorneys, as well as attorneys with a background in public contracts and business. All of those disciplines will be contributing to the assistance you will need to get your business up and off the ground.See question
Don't have lawyer YET--must respond to BOP Discovery Response deadline-- I don't know to whom to send such request (D.O.J. Plaintiff Attorney? ) and what good cause for such request. I already sent a letter requesting their Discovery informatio...
My answer starts with a question: do you have anything responsive to the discovery requests? If none of what is being requested of you is in your possession, you can simply write a letter indicating so. Something along the lines of :
"I am in receipt of your Request for Discovery dated . At this time, I am not in possession of any of the documents or items you requested and do not have any discovery to present to you at this time. I understand that I have an ongoing obligation to produce documents responsive to these requests, and will do so upon receipt."
In the event you do have documents or are being asked interrogatories or requests for admissions and need additional time to respond, contact opposing counsel and seek an extension. Please note that opposing counsel may request that you waive the right to object to the requests or questions (unless protected by a privilege) in exchange for the extension. Please note that if you fail to timely respond, that your ability to object may be waived anyway.
If you do fail to timely respond, opposing counsel must meet-and-confer with you in an attempt to resolve the failure to timely respond informally, before seeking a motion to compel. If they file a motion to compel and succeed, they might be entitled to costs and attorney fees.
As for "good cause", there is no real set standard. Rather, all the facts and circumstances of the case are typically examined. One looks to whether the party requesting is acting in good faith, whether the need for a delay is real, and whether the delay provides either party with an advantage or disadvantage.
As for good cause,
I sold a project proposal to a former client. They then used the proposal to get a contract for their company. They are now saying there was no contract to purchase the work and I should not be paid. I've filed a case in federal court for breach o...
Contracts can be either "express," "implied in fact," or "implied in law." Implied-in-law contracts are also commonly referred to as quasi-contracts. The law governing each is quite different and from your statement of facts, it is not clear which one applies.
An express contract is one, the terms of which are stated in words, either orally or in writing. An implied-in-fact contract is one, the existence and terms of which are manifested by conduct. The distinction between express and implied-in-fact contracts relates only to the manner in which the parties have manifested their assent; both types are based on the parties' expressed or apparent intention to enter into a consensual arrangement.
Implied-in-law contracts (quasi-contracts) are quite different from express or implied-in-fact contracts. Quasi-contracts are not based on mutual promises or a mutual intention to undertake certain performances. They are obligations created by law, without regard to the parties' intent, for reasons of justice. Essentially, it is another way of describing the basis for the equitable remedy of restitution to prevent unjust enrichment of one party over another.
To recover on a quasi-contract claim for the reasonable value of services rendered to the defendant, the plaintiff must establish that (1) in performing the services, the plaintiff was acting in accordance with an express or implied request from the defendant, and (2) the services rendered were intended to, and in fact did, benefit the defendant.
As for the measure of damages, under the law, the legal test for recovery in quasi-contract is not the value of the benefit to your client. Rather, it is always going to be the value of the services you provided. So, you will likely need to plead what you would normally charge for a project proposal and then obtain evidence showing what the market typically charges for project proposals such as yours.
Finally, I agree with my colleagues that it is puzzling as to why this matter is in federal court. It looks like a simple breach of contract case that should be filed in civil state court, if not small claims.See question
To incorporate a medical pratice in california as a profesaional corp, do you need to file any paperwork with cali state medical board? I think you have to file fictitious business permit name with medical board if you use anything but your name, ...
No. Other than the fictitious business name statement you make reference to above, there is nothing else that is required. Business and Professions Code sections 2402 through 2417.5 govern the medical corporation.See question
i hired my lawyer in Nov 2011 & since then he hasn't worked my case at all . In the meantime the case i wanted him to help me with has already gone to final distribution & he never filed any paperwork for me in this matter so i am proba...
There are always a number of ways of doing things, but if I were in your shoes, I would start by first reassessing what your goals presently are in wake of all that has transpired since you initially retained the attorney. Have your goals changed? Does your present attorney know it?
Second, I would try my best to get a face-to-face meeting with your present attorney. In that face-to-face meeting you have two goals: (1) acquire all of the pertinent information about the status of your present matter; (2) find out if you and your current attorney can reconcile his/her handling of your case. At one time, you hired this person because you thought they could best handle your matter. Now, you are second-guessing yourself. Instead of giving up, have the meeting to reassess the representation.
Finally, if you decide to move on, determine who will be handling the matter moving forward. Is it yourself, or a new attorney? Then review the terms of your contract with your former attorney. During that review, you should be looking for an explicit termination and refund process. While you have the right to terminate your attorney at-will and a return of all unearned fees, you are typically best served by following the process outlined in your attorney-client fee agreement.
Then, either follow the steps provided in the agreement or draft and send a concise, to the point, termination letter. The letter is not another chance for you to gripe - rather, that is what the face-to-face meeting was all about. Rather, the sole purpose of this termination letter is to expedite the transfer of your matter to another representative and the return of unearned fees. If you are presently in litigation, the letter should explain how you plan to inform opposing counsel and the tribunal of your change in representation. Finally, the letter should communicate to the attorney a reasonable date by which they are required to comply. While the termination can be communicated by any method, we recommend sending via certified, registered, or priority mail.See question
California state law allows up to 40 hours a year to attend school functions with your child. At my job we are on a point system where we are given a point for time missed from work other than vacation, loa, or FMLA. I asked my employer about taki...
Under California Labor Code Section 230.8, employees who are parents, guardians or grandparents with custody of children in kindergarten or grades 1-12, or attending a licensed day-care facility, may take off up to 40 hours each year (not to exceed eight hours in any one month) to participate in their children’s school activities.
Employees must provide their employers with reasonable notice of a planned absence. In addition, they must use existing vacation, personal leave or compensatory time off for any school-related absences. In the alternative, an employee may use time off without pay. If the employer asks, an employee who takes time off for school purposes must provide proof of participation from the school or day-care facility.
Employers with at least 25 workers at the same location cannot take adverse action against an employee who takes time off for school activities.See question
I ask the question above because, I have no legal knowledge in this type of matter. However, my common sense and religious morals tell me that it's not right. I have pleaded with my daughter to stay at home with us so she can finish high school an...
The age of consent is 18 years in California. Any sexual intercourse before that age with someone of age (> 18 years old) is statutory rape. Please see Penal Code § 261.5. Please see the link below for further information.
Please note that some professionals are REQUIRED by law to report the crime. See Penal Code §§ 11166, 11165.7 for further information.See question
The petition to compel contains numerous references to a non-binding arbitration in violation of Gov Code section 11420.30(b). If not, how should I respond to object to the inclusion of these references?
A motion to strike is generally used to reach defects in a pleading which are not subject to demurrer or answer. Hence, a motion to strike does not lie to attack a complaint for insufficiency of allegations to justify relief, as that is a ground of general demurrer.
Code of Civil Procedure section 436 provides the grounds upon which a motion to strike would be appropriate. This includes the ability to strike out any irrelevant, false, or improper matter inserted in any pleading as well as all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. It also provides that the court may so strike upon motion made or at any time upon its discretion.
So, it appears you could file a motion to strike if it meets the criterion found in the statute. However, as suggested by my colleagues, you could also file an opposition and include a request within the opposition to strike the offending language pursuant to judicial discretion. That would probably be a more efficient way to handle the particular issue.See question
I was charged with misdemeanor and the case was DISMISSED at pre-trial without any conviction fine etc ...i want to apply for a Pharmacist license should i apply and wait for the decision from the board and only hire an attorney if i am denied ...
Seek legal representation now. Professional Licensing attorneys know how to present your application in the best light. They will do that by first reviewing your application for completeness. Second, they will advise you on the types of rehabilitation, mitigation, and character evidence you should compile and submit, notwithstanding the dismissal. Third, they are there to help advise you any follow-up questions that the Board may have. And finally, they might be able to help negotiate a probationary license upon admittance if the Board continues to have concerns.
Many offer a free and confidential consultation, so there really is nothing to lose by at least calling and speaking with one.See question