Archived
Risks to me as a 1099 contractor - if I should have been classified as an employee
Frank's answer
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Answered on October 08, 2015
No, the company bears the risk of misclassification. California imposes dramatic penalties on employers found to have engaged in “willful...
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Archived
Filed a quiet title complaint nine years ago and never did anything more with it - case remains open in superior court.
Frank's answer
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Answered on October 08, 2015
Did you serve the defendant(s) with the summons and complaint? If so, the next step would usually be to request entry of default against the...
Archived
An apartment complex is trying to hold my daughter to a lease. What kind of lawyer do I need?
Frank's answer
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Answered on October 08, 2015
You need a real estate attorney to review the lease agreement and the guaranty agreement (or provision) to ascertain whether or not the...
Archived
Discovery Related Question
Frank's answer
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Answered on October 08, 2015
A plaintiff may propound interrogatories and other types of written discovery to a defendant without leave of court at any time that is 10 days...
Archived
Can I sue for punitive damages?
Frank's answer
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Answered on October 08, 2015
Yes, this is an intentional tort. You can sue for your damages and seek punitive damages as one of the type of damages. In California, an award...
Archived
Monetary judgment
Frank's answer
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Answered on October 07, 2015
For information on how to collect a small claims money judgment in California, see:
http://www.courts.ca.gov/1014.htm
Archived
Is it legal for an employer to pay new hires more an hour and deny existing employees a raise?
Frank's answer
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Answered on October 07, 2015
Yes, it is legal for an employer to pay a more senior employee less than a new employee, so long as the employer does not engage in unlawful...
Archived
Can I receive a 3 day notice to pay or quit after receiving a 60 day notice???
Frank's answer
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Answered on October 07, 2015
Yes, you can receive both types of notices simultaneously. Thus, even if you paid rent within the 3 days of service of the three day notice to pay...
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Archived
Request of entry for Judgement pursuant stipulation
Frank's answer
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Answered on October 07, 2015
If you settled by signing a stipulation for judgment and you defaulted, the judgment creditor can go ahead and seek entry of judgment based upon...
Archived
I live in illegal unit and my landlord sent me a 30-days to quit and move out. I have done nothing wrong, but exercised
Frank's answer
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Answered on October 07, 2015
Your post does not indicate what rights you exercised. Generally speaking, the landlord in a rent controlled unit, even if illegal, must have just...
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