How Do Insurers Determine the Value a Personal Injury Claim?
April-29-2013
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| If you are filing a personal injury claim, it is important to know how insurance companies determine the value of your claim. The amount will always vary depending on the particulars of the circumstance, but there are certain damages that an insurance company must compensate. A person who is liable ... |
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How Much is My Personal Injury Case Worth?
April-28-2013
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| Have you been injured in a car or bicycle accident, a slip and fall, or have you suffered from a vicious dog bite? Are you considering filing a personal injury lawsuit? Maybe you are wondering "What is my case really worth?"The answer comes down to "damages". Your personal injury lawyer ... |
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What are Punitive Damages in Personal Injury Cases?
April-27-2013
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| Many people who file a personal injury lawsuit want to know "What is my case really worth?" In our last blog, we reviewed the common compensatory damages that can be awarded to a plaintiff by a settlement or a judicial decision.Other damages, called punitive damages, may be recovered if the ... |
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How to File a Misdemeanor Appeal in California
April-25-2013
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| If you wish to appeal a trial court decision on a misdemeanor matter in California, you need to file with the Appellate Division of the Superior Court. It is important to remember that an appeal is NOT a new trial. An appeal is a request for a review by ... |
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What is a California Grant Deed? How are they Forged?
April-24-2013
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| A California grant deed is a legal document that is used to transfer real estate title to a new owner. The purpose of the grant deed is to legally transfer property title from one person to another, usually from a seller to a buyer. It is written evidence that you ... |
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What is California Escrow Law?
April-23-2013
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| Escrow is a legal method of transferring or exchanging property and/or money using a neutral third party, known as an escrow agent. In California, all escrow agents performing escrow services should be working with “licensed” or “controlled” escrow companies. Licensed escrow companies, sometimes called “independent” escrow companies, are licensed by the California ... |
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Can I Sue for California Real Estate Fraud?
April-23-2013
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| Real Estate Property Crimes can take many forms. Most often these crimes involve grand theft and forgery. Common fraudulent real estate investment schemes have typically involvedthe sale of trust deedsthe use of forged escrow instructions to steal escrow depositsstraw buyers who purchase homes for those with poor creditforgery of grant ... |
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What is a Straw Buyer? Is it Legal?
April-23-2013
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| If a buyer has poor credit and is unable to obtain financing for a large purchase like a home, a "straw buyer" is sometimes used. A "straw buyer" is a person who makes a purchase on behalf of another person. It is not necessarily illegal to use a straw buyer, ... |
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What is a Deed of Trust in California?
April-23-2013
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| Trust deeds are a common tool used in the financing of real estate purchases in California and many other states. A deed is the document that transfers ownership of real estate. It contains the names of the old and new owners and a legal description of the property, and is ... |
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What is a California Quitclaim Deed?
April-23-2013
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| A quitclaim deed is one of several types of property transfer deeds used to convey or change real estate title in California. This type of deed is usually an easy and uncomplicated way to surrender your real estate in California. It is often used in family affairs such as divorce or ... |
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What is the California Law on Proper Foreclosure Documentation?
April-22-2013
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| The new California Homeowners Bill of Rights (HBR) prohibits “robo-signing” and now requires proper and accurate foreclosure documentation. This law is found in the California Civil Code 2924.17.2924.17. (a) A declaration recorded pursuant to Section 2923.5 or,until January 1, 2018, pursuant to Section 2923.55, a notice ofdefault, notice of sale, ... |
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What does a Single Point of Contact mean in a California Foreclosure Process?
April-21-2013
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| Under the new California Homeowner Bill of Rights (HBR), mortgage servicers must designate a “single point of contact” for homeowners who are potentially eligible for loan modifications or other foreclosure prevention alternatives. In the past, many homeowners would have to talk to a different person each time they called their lender ... |
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What is a Dual Track Foreclosure in California?
April-06-2013
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| The California Homeowner Bill of Rights (HBR) was passed in 2012 and the law became effective January 1, 2013. This Bill of Rights gives new provisions for homeowners to help guarantee basic fairness and transparency during the foreclosure process. One key law reform is the restriction on dual track foreclosure. "Dual tracking" ... |
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What is the California Homeowner Bill of Rights?
April-05-2013
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| A new California Law known as the “Homeowner's Bill of Rights” (HBR) became effective January 1, 2013. Its hope is to bring fairness, accountability and transparency to the state’s mortgage and foreclosure process and to correct perceived abuses by lenders and servicers. It revises and updates the California non-judicial foreclosure statutes ... |
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What is the Quasi-Community Property Law in California?
April-04-2013
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| The quasi-community property law is found in California Family Code Section 125:125. "Quasi-community property" means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways: (a) By either spouse while domiciled elsewhere which would have been community property ... |
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What is the Difference Between Community and Separate Property in California?
April-03-2013
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| In California, “Separate Property” and “Community Property” are forms of property ownership between spouses. It is important to understand the difference for estate planning or if the marriage ends in a legal divorce. California Family Code §§ 770-772 defines separate property:770. (a) Separate property of a married person includes all ... |
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What is the California Community Property Law?
April-02-2013
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| What is community property? In the state of California, any property acquired during a valid marriage by a husband or wife is considered community property. This also applies to domestic partnerships.Essentially, everything that spouses earn during a marriage or partnership is community property, except for gifts or inheritance which is generally considered ... |
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What is a Living Trust? Do I need a Lawyer to Prepare a Living Trust?
April-01-2013
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| A Living Trust is a legal tool for financial planning. It allows a person (the “Trustee”) to hold another person’s (the “Settlor’s”) property for the benefit of someone else (the “Beneficiary”). Unlike a testamentary or will trust, a Living Trust goes into effect during the settlor's lifetime.In most cases, the ... |
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What is the difference between Guardianships and Conservatorships in California?
March-29-2013
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| Guardianships are created by the court to manage the affairs of minors.Conservatorships are created by the court to protect incapacitated adults.California GuardianshipsIn the event of deceased parents or unfit parents (e.g., drug use, mental disability, incarcerated), probate guardianships are court proceedings in which a judge gives custody of a child, and/or the power to ... |
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California Power of Attorney Rules
March-28-2013
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| The Power of Attorney Rules for California are found in California PROBATE CODE SECTION 4260-4266. Section 4264 lists the acts that may be performed legally on behalf of the principal: 4264. An attorney-in-fact under a power of attorney may perform anyof the following acts on behalf of the principal or with theproperty of the ... |
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What is a Power of Attorney?
March-27-2013
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| Black's Law Dictionary defines Power of Attorney as “An instrument authorizing a person to act as the agent or attorney of the person granting it.” In other words A "Power of Attorney", also called a “Letter of Attorney’, is a written document that is used when someone wants another adult to ... |
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What are the California Laws on the Emancipation of Minors?
March-25-2013
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| The Emancipation of Minors is a legal way for children to become adults before they reach the age of 18. Once a child is emancipated, his or her parents do not have custody or control of him or her anymore. Emancipation is usually permanent, but the court can cancel the emancipation ... |
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What is the California Lemon Law?
March-18-2013
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| The California Lemon Law (officially known as the Song-Beverly Consumer Warranty Act), found in California Civil Code sections 1790 et seq., is one of the best in the country. It provides broad protection to California consumers and an effective means to get rid of your defective vehicle. California Consumer Warranty ... |
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What is a Trade Secret? Is it Protected under Law?
March-15-2013
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| Trade secrets are different from other forms of intellectual property such as patents, copyrights and trademarks. You don't register with the government to secure your trade secret; you simply keep the information confidential. Trade secret protection lasts for as long as the secret is kept confidential. Once a trade secret ... |
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What is Trade Dress? Is it covered by IP Law?
March-14-2013
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| Trade dress is a form of intellectual property.Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers.Trade dress may include features ... |
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What is an Industrial Design Right?
March-12-2013
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| The Industrial Designers Society of America promote the practice and education of Industrial Design. They define Industrial Design as "the professional service of creating and developing concepts and specifications that optimize the function, value and appearance of products and systems for the mutual benefit of both user and manufacturer."Legally, "industrial ... |
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Trademarks - Legal Basics you Need to Know
March-11-2013
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| A trademark is another type of Intellectual Property (IP). The legal rights to a trademark are covered under Federal and State IP and Trademark Laws. The intent of trademark law is to prevent consumer confusion about the origin of a product.Trademarks identify the goods of one manufacturer from the goods of ... |
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Legal Assistance for Patent Preparation in California
March-08-2013
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| The patent process can be challenging if you are not familiar with it. In this post we will review the basics to patents and legal preparations.What is the legal definition a patent?A patent is a right granted to an individual or group (e.g., a corporation) which permits the grantee the ... |
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Copyright: Protected as Intellectual Property
March-07-2013
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| Copyright is a type of Intellectual Property (IP). Intellectual property (such as patents, copyrights and trademarks) is a legal concept which refers to creations of the mind (considered as intangible assets) for which exclusive rights to these are recognized and protected under law. Common types of intellectual property rights include: copyrightpatentstrademarksindustrial design ... |
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California Statue of Limitations against Government Agencies
February-07-2013
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| This post on common California Statute of Limitations will focus on government agencies and offices. These kinds of legal cases require that you file a special claim (called an "administrative claim") with the government office or agency before you file in court. You have to use the government’s form to ... |
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California Statue of Limitations: Medical and Banking
February-06-2013
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| In this post we will continue to examine the California Statute of Limitations for some common lawsuits. Medical Malpractice. If you want to file a claim against a healthcare provider you have 1 year from the date you know or should have known about the injury, or 3 years from the date of ... |
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California Statue of Limitations in Property Matters
February-05-2013
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| In our last post we examined the Statute of Limitations for some common lawsuits. We will review some common property (real estate and personal) issues in this post and their corresponding Code of Civil Procedure. Lawsuits against architects, contractors, or builders for patent defects: If the claim is because of known or ... |
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Most Common Statue of Limitations in California
February-04-2013
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| A statute of limitations is the deadline for filing a lawsuit. Most lawsuits MUST be filed within a certain amount of time. In general, once the statute of limitations on a case “runs out,” the legal claim is not valid any longer. The period of time during which you can ... |
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Changing Child Support in California Superior Courts
February-01-2013
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| In California, both parents have a legal duty to financially provide for their children. Child support payments are the way that the court makes sure that the non-custodial parent meets this obligation. The amount of child support that the court sets is not permanent. Both parents have the right to ... |
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Why You Need a Family Lawyer for Your California Superior Court Case
January-12-2013
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| Family law decisions are some of the most stressful and difficult issues people face. These decisions – for example, whether to get divorced, whether to go for custody of your children, whether to challenge a property settlement – will impact your family for years to come. You need a family lawyer to help you through ... |
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Changing Child Custody in California
January-11-2013
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| A California court may have entered a “final judgment” for custody of your children, but their custody is not actually final. You have the ability to change court orders regarding your children, including child custody.Sometimes both parents will agree to a change in custody. A California court still has to ... |
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How Much Does a Lawyer Cost?
December-17-2012
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| This is a very common question and with good reason. The common answer is that "it depends." It depends on the type of law, type of claim, your location, the size of the firm, and the experience of the lawyer. More specifically, however, Lawyers.com reports the following hourly average rates: ... |
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Free Legal Resources for the Public from the California State Bar
December-10-2012
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| At JDFinder.com, we love free legal resources. We recently discovered that The California State Bar Association provides pamphlets for many common legal questions. The pamphlets are free and only require a self-addressed stamped envelope with the provided order form. These are great resources since they provide objective advice from a ... |
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The Best Free Legal Research Sites on the Web
December-08-2012
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| There are several free legal research websites out there. Here is a list of what we believe to be the best.1. JustiaThis site provides access to a variety of statutes, forms, case law, and statutory law. It is very tech saavy and less bland then the Cornell site below. Our favorite ... |
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How Do I Research a California Lawyer?
December-02-2012
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| Researching a prospective lawyer's background and credentials before signing a retainer is advisable for those seeking legal representation. Learning about the attorney's background and experience can help ensure you are hire the right attorney for your case. Here is a guideline on how to research a California lawyer: Visit the ... |
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What are the Statute of Limitations to File for an Annulment in California?
November-17-2012
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| The statute of limitations is the deadline for filing a lawsuit. Divorces and legal separations do not have deadlines and anyone in a legal partnership can file for divorce or legal separation at any time.Annulments are different and they DO have a deadlines. In general, once the statute of limitations ... |
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What are the Legal Grounds for Annulment in California?
November-15-2012
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| An annulment (or "nullity of marriage" or "nullity of domestic partnership") is when a court says your marriage or domestic partnership is NOT legally valid. After an annulment, it is like your marriage or domestic partnership never happened because it was never legal.A marriage is NEVER legally valid when it ... |
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Should I Consider a Legal Separation in California?
November-14-2012
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| A legal separation does not end a marriage or domestic partnership. You cannot marry or enter into a partnership with someone else if you are legally separated (and not divorced).An action for legal separation can be filed by a married person who wishes to maintain the marital status but separate ... |
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Is Loan Sharking Illegal in California?
November-12-2012
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| There is no such thing as a Legal Loan Shark.When people are struggling financially and are unable to secure traditional methods of credit, loan sharks seize the opportunity to offer misleading and highly exploitative loans to desperate borrowers. Last week In San Diego Superior Court, a woman plead guilty to ... |
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What are the California Laws regarding Dogfighting?
November-05-2012
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| Dogfighting is an organized activity where two or more dogs are encouraged to fight until one dog kills the other. The American Society for the Prevention of Cruelty to Animals (ASPCA) reports that as of 2008, dog fighting is a felony in all 50 states and the District of Columbia, ... |
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What are the California Laws regarding Animal Cruelty?
November-01-2012
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| In California criminal law, “animal cruelty” refers to the set of laws designed to protect domesticated pets, stray animals, wild animals and farmed animals.There are numerous California animal cruelty laws, but the primary one is California Penal Code 597. The key elements of Animal Cruelty are defined within this code.CPC ... |
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What are the new Mandatory Reporting of Child Abuse and Neglect Laws in California?
October-27-2012
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| The Penn State sex abuse scandal shocked the country last year. Approximately 105 bills in 30 states and the District of Columbia have been introduced in the 2012 legislative session on the reporting of suspected child abuse and neglect. In California, amended laws were formulated in reaction to the Pennsylvania ... |
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Can GPS Tracking Systems be used on Domestic Violence Offenders?
October-19-2012
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| An act to amend Califiornia Penal Code Section 136.2, relating to domestic violence, was approved by Governor Jerry Brown on September 24, 2012. This new law was authored by Assemblyman Ben Hueso (D-San Diego) and is being called Kathy’s Law in honor of a Carlsbad woman believed to be killed ... |
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What are the Penalties for a First Misdemeanor DUI in California?
September-08-2012
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| Our previous posts discussed the California Zero Tolerance Law and the“Under 21 DUI” Laws in California. Today we will examine the misdemeanor first time DUI conviction. It applies to any driver found with a 0.08% BAC level. Driving Under the Influence is a misdemeanor crime in California, and is written down ... |
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Under 21 DUI with high BAC levels
September-07-2012
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| Our last blog examined the Zero Tolerance Law in California. Any driver under the age of 21 can face license suspension with a BAC (Blood Alcohol Concentration) of .01%. The first offense is treated as a civil offense and requires a DMV hearing. If you are under 21 and are ... |
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What is the Zero Tolerance Law in California?
September-06-2012
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| This law states that it is illegal to drive with a blood alcohol concentration (BAC) of .01% or higher if you are under 21 years of age. Your BAC is measured by a test given to you by a police officer. If it is your first offense your driving privilege ... |
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How Can I get a Leave of Absence from my California DUI Program?
September-05-2012
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| Failure to attend your California DUI program classes for 21 or more consecutive days without obtaining approval for a leave of absence (LOA) from the DUI Program Office may be cause for your termination. If the LOA is approved, you must continue to attend your classes on your agreed return ... |
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What are the different DUI (Driving Under the Influence) programs in California?
September-04-2012
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| With the Labor Day weekend behind us, the last summer holiday is over and across California the CHP (California Highway Patrol) reported that there have been a total of 1,386 holiday weekend DUI arrests thus far.With a first DUI conviction, the court will suspend your driving privilege for six months and ... |
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Seven Legal Internet Marketing Ideas- What is Affordable? What is Effective?
September-02-2012
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| The Internet has several vehicles of legal advertising and it is important to know the sources and players. I have outlined several sources that you should consider. Of course, whatever you do advertise, make sure it is within your applicable legal ethics rules. 1. Google Adwords and the likeThe most popular ... |
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Legal Aid and Referral Services in California
September-01-2012
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| At JDFinder.com, we work hard to match all our clients with a quality choice of attorneys. Unfortunately, however, not all claims can be matched, mainly for the reasons below.1) Attorney Interest The claim may not interest attorneys enough. The claim might be insufficiently described or attorneys may find the claim ... |
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How is Paternity Established by Court Order in California?
August-24-2012
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| If you are identified as the father of a child, you will be served with legal paperwork to establish paternity and/or child support and health insurance coverage. This paperwork is called a Summons and Complaint. The Summons and Complaint will be served to you as the presumed father, or the ... |
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How do I Establish Paternity in California?
August-22-2012
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| Paternity is a term that refers to the legal father of the child. Establishing Paternity is the process of determining the legal father of a child.Children need support, emotional and financial, from both a mother and father from the time they are born. If you need to establish paternity, do ... |
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What is the Compromise of Arrears Program (COAP) Program in California?
August-21-2012
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| The Compromise of Arrears Program (COAP) helps individuals who are behind in their child support payments. The program began in 2003 and is written in the California Family Code - Section 17560:(a) The department shall establish and operate a statewide compromise of arrears program pursuant to which the department may ... |
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How to Utilize the California Child Support Calculator
August-20-2012
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| The California Family Code Sections 4050-4076 details the California statewide child support guidelines. In 1992, the California legislature determined that all child support orders in our state were to be determined under statewide uniform child support guidelines. These guidelines apply in any judicial or administrative proceeding for child support. California ... |
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Is it Legal to use a GPS Tracking Device for Investigations in California?
August-16-2012
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| A GPS tracking unit is a device that uses the Global Positioning System to determine the exact location of a vehicle, person, or other property to which it is attached. The purpose is to record the position of the person or property at regular intervals. The recorded location data can ... |
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Do California Police need a Warrant to Search a Cell Phone?
August-15-2012
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| In 2011, California governor Jerry Brown vetoed a bill that would have prevented police officers from searching your cell phone without a warrant. So even before the new federal ruling this year, California police were free to search and record info on your cell phones, tablets, and other mobile devices at ... |
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What is the California Child Abuse Central Index (CACI)?
July-25-2012
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| The Office of the Attorney General, under the State of California Department of Justice, administers the Child Abuse Central Index (CACI). The CAIC was created by the Legislature in 1965 as a tool for state and local agencies to help protect the health and safety of California's children. It was ... |
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New California Laws effective July 1, 2012
July-23-2012
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| Many people might think that new laws only go into effect the beginning of each new year, but new California laws also take effect mid-year. On July 1, 2012, we gained several new laws in California. And one important tax law will take effect on September 1, 2012. What are ... |
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What are the Different Kinds of Juvenile Guardianships in California?
July-12-2012
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| A guardianship is a court case in which a person who is not the parent of a child asks for custody of the child, the power to manage the child’s property, or both. There are two types of guardianships. Most cases go to the Probate Court. But if the child ... |
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How Can I Become a Guardian for a Child in California?
July-11-2012
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| First and Foremost, IF a CHILD IS IN IMMEDIATE DANGER, CALL 911If you are caring for a child who has been abandoned, physically or verbally abused, assaulted or neglected call the California Department of Social Survives Child Protective Services Hotline at 858-560-2191 or 1-800-344-6000.What is a guardianship?Guardianship is a court proceeding in ... |
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How do I Check the Status of a Case in San Francisco County?
June-27-2012
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| Many California Superior and Small Claims Courts now have on-line case information. If you live in San Francisco County, the above mentioned courts will provide you with Free searches with a name or case number. If you have that basic information you can access most civil court case summaries, also ... |
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How do I Check on the Status of a Case in San Jose?
June-26-2012
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| San Jose is the county seat of Santa Clara County. If you want to check on a case in San Jose, you can log on to the Superior Court of California, County of Santa Clara web site: http://www.scscourt.org/ On the HOME page, click on the ONLINE services tab. This will ... |
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How do I Check on the Status of a Case in Orange County Superior Court?
June-19-2012
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| The mission of the California Superior Court of Orange County as written on their website is "to serve the public by administering justice and resolving disputes under the law, thereby protecting the rights and liberties guaranteed by the constitutions of California and of the United States." By providing access to ... |
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How Do I Check on the Status of a Case in San Diego Superior Court?
June-18-2012
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| Most California Superior Courts provide links to information regarding individual cases, often in a section called "Case Search" or "Case Summaries." The location of this information on a court’s website, and even what it is called, differs with each court. In San Diego County, case details are available on the ... |
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What is an Unlawful Detainer Lawsuit in California?
June-15-2012
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| In the state of California, the action to evict is called an "UNLAWFUL DETAINER" An unlawful detainer lawsuit is a lawsuit that a landlord must file and win before he or she can evict a tenant. It is also called an "eviction" lawsuit. The most typical eviction in California is an ... |
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What are the Different Types of Criminal Cases in California?
June-08-2012
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| A criminal case is a lawsuit brought by the state against a person who has broken a criminal law. The criminal case is usually filed by the district attorney (also called the "DA" or state prosecutor). The DA represents the state against one or more defendants. Only the state can ... |
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Do I Really Need a Lawyer?
June-07-2012
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| Do I really need a lawyer? This is a very common question. On one hand, a lawyer will look at your situation objectively, but still act in your best interests. If you hire a lawyer, you do not have to worry about learning the law, researching, and dealing with the mistakes ... |
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What Responsibilities Does a Lawyer Have to a Client?
June-06-2012
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| Attorneys must abide by professional rules of responsibility that created and governed by State Bar Associations. In California, and most other states, the general rules require that your attorney: 1. Has a duty to communicate with you regarding your case in a timely and effective manner. 2. Must ... |
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How to Evict a Tenant in California
June-03-2012
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| If a landlord believes he/she has the grounds to evict a tenant, the law requires that everyone living in the property must be served with a notice. If the tenant does not voluntarily move out after the required notice was delivered, the landlord can then legally evict a tenant in California.The ... |
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JDFinder.com for Attorneys
June-01-2012
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| JDFinder.com is new player in the legal matching arena. It only operates in California. If you are a Los Angeles lawyer, Orange County lawyer, San Diego lawyer, San Francisco lawyer, Oakland lawyer, or San Jose lawyer, you can register at JDFinder.com for free. You can also view claims for free and the only charge is to receive ... |
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Three considerations when hiring a lawyer- cost, experience, and personality
June-01-2012
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| You are involved in a legal issue. You have decided that it is too complex to deal with yourself and that you have the financial means to hire a lawyer. You are in the market for a lawyer, but how do you know which lawyer to hire? Well, we hope this ... |
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JDFinder.com for Clients
May-30-2012
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| According to the California Bar Association, there are over 200,000 lawyers in California. JDFinder.com offers free legal matching throughout California to help narrow the search to find a lawyer. So, if you need a Los Angeles lawyer, Orange County lawyer, San Diego lawyer, San Francisco lawyer, Oakland lawyer, or San Jose lawyer, try JDFinder.com. JDFinder.com will help you find an attorney. We strongly believe in the economic ... |
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What are the Different Types of Child Custody Arrangements in California?
May-22-2012
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| If you are considering divorce and have minor children you need to become familiar with the child custody laws in California. In California Family Law, there are two distinct custody arrangements. One is Legal Custody and the other is Physical Custody.What is Legal Custody? Legal custody refers to the legal ... |
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Understanding California ADA and Building Violations
May-03-2012
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| The American’s with Disabilities Act (ADA) was signed into law by President George H.W. Bush in 1990 and went into effect in 1992.The ADA is a Federal Civil Rights Law. This law mandates that any building or facility that provides goods and services to the public must be accessible to ... |
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What is the California State Law Regulating Debt Collection Harassment?
April-26-2012
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| Debt collectors use many different strategies to persuade their debtors to make a payment to them. Some of these tactics are actually legal, some are over the line. How do you know when the debt collector is violating debt collection laws? The California law controlling Debt Collection is found ... |
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How to File a Felony Appeal in San Diego
April-26-2012
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| If you wish to appeal a felony matter in San Diego, the 4th District Court of Appeal will review the decision made by the trial court and determine if a legal error was made. Felony appeals in California are filed in the California Court of Appeal as opposed to the ... |
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Can my Employer Classify Me as an Independent Contractor?
April-19-2012
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| A common legal challenge facing small businesses and entrepreneurs is whether or not they can use the Independent Contractor status for people they employ. Many small businesses would rather use Independent Contractors. With no workers’ compensation, no withholding tax, no payroll tax, no employment law liability; running your business is ... |
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Updated Employer Meal and Rest Break Obligations in California, April 2012
April-13-2012
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| California State law has mandated meal and rest breaks for decades. But in 2001, California became one of only a few states that impose a monetary penalty for employers who violate these laws, requiring employers to pay one hour of wages for a missed half-hour meal break. There is no ... |
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Why Should I Make a Will?
March-17-2012
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| Many ordinary people wonder if they need to make a will. Even if you think you have little money or few possessions of any value, it is still important for you to make a will.Consider these reasons:If you die without a will, there are probate laws which dictate how your ... |
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What are the Different Kinds of Restraining Orders in California?
March-16-2012
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| The California Courts provide various ways to protect you and your family from abuse and harassment in many different situations. Listed below are the different kinds of Protective Orders available and a brief description of each one.Emergency Protective Order or EPOAn emergency protective order is available 24 hours a day ... |
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What is a Domestic Violence Restraining Order?
March-15-2012
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| A domestic violence restraining order (DVRO) is a civil court order that is signed by a judge and states that the abuser must stop the abuse or face serious legal consequences. It offers civil legal protection from domestic violence to both female and male victims. Abuse is defined in the California ... |
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How do I Sue Another Party in California?
March-06-2012
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| If you are thinking about suing another person or business, first try talking to them before going to court. Try to work things out or send them a "demand letter" that asks the other person or business to pay you what they owe. Advise them in the letter of the amount ... |
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What are the Different State Courts in California?
March-02-2012
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| There are two types of state courts in California: Trial Courts (also called "Superior Courts") Appellate Courts (Courts of Appeal and the California Supreme Court)The Judicial Council of California is the rule-making arm of the California court system, chaired by the California Supreme Court Justice; currently Tani Cantil-Sakauye, the 28th Chief ... |
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How do California Courts Work?
February-29-2012
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| In the state of California there are two systems of courts: the federal court and the state court. There is also a system of administrative hearings. These types of hearings help to resolve disputes when a local or state government agency takes action against an individual or business. For example, ... |
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Child Support Modification in California
February-10-2012
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| Both parents have a legal obligation to provide financial support for their children. The court may order either one or both parents to make regular payments to cover a child’s living and medical expenses.After a judge makes a child support order, one or both parents may want to change the ... |
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Three Keys to Success in Legal Matching
February-08-2012
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| People will increasingly continue to turn to legal matching when they need to find a lawyer. JDFinder.com is a matching service that operates in California and does not require monthly fees or obligations. If you are a Los Angeles lawyer, Orange County lawyer, San Diego lawyer, San Francisco lawyer, Oakland lawyer, or San Jose ... |
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How to Hire a Lawyer
February-05-2012
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| When you find yourself in need of legal counsel, you may wonder about the best strategy to use in finding a lawyer to best suit your needs. http://jdfinder.com is a free legal matching service in California. It’s a quick and easy way to access reliable and experienced lawyers in your ... |
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Changes to California Employment Law In 2012
January-30-2012
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| It’s a new year and for companies in California that means they have a new set of laws to act in accordance with in 2012. California Governor Jerry Brown recently signed into law the California Assembly Bill 469. It is a significant change to California’s labor laws known as the ... |
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What is an Administrative Exemption in California?
January-28-2012
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| On December 29, 2011 a much anticipated decision was handed down in the California Superior Court on the subject of how an employee is classified as "exempt" under the California Labor code. Harris v. Superior Court is the first case in which the administrative exemption has been addressed and it ... |
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Understanding Wills and Trusts in California
January-18-2012
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| The legal language of wills and trusts can be confusing. A basic review of some of the definitions of these terms will help you when considering estate planning.WillsIn California Jurisprudence, 3rd edition: a will is defined as”an instrument in or by virtue of which a qualified person legally and intentionally directs ... |
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Can My California Employer Demand a Credit Report?
January-17-2012
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| A new year always rings in with new laws. A new Employment Credit Check law became effective January 1, 2012 for the State of California. This comes at a time when credit checks of job applicants have become more common. A 2010 survey from the Society for Human Resource Management ... |
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Legal Protection for Whistleblowers in California
January-09-2012
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| Who is considered a "whistleblower"? A "whistleblower" is an employee who releases information to a government or law enforcement agency about their employer’s suspect fraud or other misconducts. You may know of tax fraud against the government, kickbacks or illegal billing. There may be state health code violations or other ... |
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What is the California Expungement Law?
January-07-2012
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| Legal Definition of Expungement "Expungement" originates from the Latin word "expungere" meaning "to mark for deletion". Expunction holds a similar meaning and also originates from the same Latin term. According to Merriam Webster's Dictionary, expunge means "to strike out or obliterate" or to destroy or eliminate. The California Expungement Law ... |
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Types of Liability Claims for Pharmaceutical Products
January-02-2012
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| Pharmaceutical Drug manufacturing is a multibillion dollar business. So many new drugs are being introduced every month that the FDA can’t always keep up with the mandated regulations and approval. Prescription drugs with deadly or serious side effects can be put on the market before sufficient testing is completed or ... |
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Can My Boss in California Demote Me Because I am Pregnant?
December-31-2011
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| In 1978, an amendment known as the Pregnancy Discrimination Act was added to the Civil Rights Act and states that discrimination on the basis of pregnancy, childbirth, or related medical conditions constitute unlawful sex discrimination. Women who are pregnant must be treated in the same manner as other applicants or ... |
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Employee Medical Leave Rights in California
December-30-2011
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| Employee medical leaves are protected under both the federal Family and Medical Leave Act (FMLA) and the corresponding California Family Rights Act (CFRA). The federal FMLA was signed into law in 1993. After several decades of changing demographics in the workforce, the FMLA hoped to address some of modern family ... |
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Arrested for Strealing Money in California
December-23-2011
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| The California Penal Code 484-488 defines theft. "Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another…. defraud any other person of money…. is guilty of theft". Theft is the unlawful taking of property of another with the specific intent to deprive that person ... |
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Age Discrimination in the Workplace in California and Why You Need a Lawyer
December-21-2011
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| The Federal Law known as the Age Discrimination In Employment Act (ADEA) was enacted in 1967. This Law protects anyone over the age of 40 from employment discrimination based on age. The ADEA’s protections pertain to both employees and job applicants. The law covers most aspects of employment including the ... |
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What are the Overtime Rights of Employees in California?
December-20-2011
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| California’s Labor Laws are enforced by the Division of Labor Standards Enforcement (DLSE) in the California Department of Industrial Relations.As an employee in California you are protected under the California Labor Laws. The Law protects your rights to receive overtime pay for working more than 8 hours in a day ... |
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What Paperwork has to be Filed to Operate as a Corporation in California?
December-14-2011
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| If you have started a new business in California you may be wondering about forming a corporation. There are many benefits to incorporating. The most important benefit of incorporating in California is to protect your personal assets from possible liabilities that could arise in your new business. A corporation provides ... |
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How to File for a Domestic Violence Restraining Order in California
November-22-2011
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| If you are in an abusive relationship, you need to obtain a restraining order from your local California County Court to prevent any further acts of abuse by the batterer. CAL. FAM. CODE § 6201 : California Code - Section 6201 also known as the Domestic Violence Prevention Act, states:"For ... |
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How to Find an Affordable Attorney in California
November-21-2011
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| When you find yourself in need of legal counsel and representation for any reason in the State of California, you may be unsure of the best way to locate the right lawyer at an affordable rate in your area. http://jdfinder.com will assist you and take the guess work out of ... |
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How do I Sue for Sexual Harassment at my Job in California?
November-18-2011
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| Sexual harassment is a form of sex discrimination that occurs in the workplace. The legal definition of sexual harassment is "unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment." Persons who are the victims of ... |
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How to Sue for Disability Discrimination in the Workplace in California
November-17-2011
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| The opening statement of the Federal Law known as the Americans with Disabilities Act of 1990 affirms:"physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because ... |
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How do I Check for Warrants in San Diego County?
November-11-2011
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| Most warrants issued by the San Diego County Superior Court are now available on line at http://apps.sdsheriff.net/warrant/waar.aspx. This data base is only updated once a day so "real-time" information may not be available. Also, the data base often uses "charge codes", so the charge information is not in plain ... |
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How do I Challenge a Will in California Courts?
November-09-2011
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| When someone dies, their legal and financial affairs must be finalized in a process called probate. When there is no will, the California Probate Code determines how the property will be distributed. When there is a will left behind, these legal documents can be challenged or "contested" in Probate Court. ... |
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How to Check the Status of a Case or Lawsuit in Los Angeles Superior Courts
October-31-2011
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| Under the California Code of Civil Procedure Section 1161.2 "The clerk may allow access to limited civil case records filed under this chapter, including the court file, index, and register of actions"If you would like to check the status of your case in Los Angeles Superior Courts you can now ... |
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How to Change Attorneys in California Lawsuits
October-29-2011
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| As written in the California Code of Civil Procedure Section 284 below, any party has the right to change attorneys in the middle of a case."The attorney in an action or special proceeding may be changed at any time before or after judgement or final determinatin, as follows: 1. Upon ... |
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How to Adopt a Child in California - What are the Laws
October-26-2011
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| Adoption in California is controlled by the California Adoption Law. The California Adoption Code is written in the California General Laws, Family Law Code, sections 8500-8548. These statues define the legal arrangements when parental rights are transferred from the birth parents to the “adoptive parent”. As defined in CFLC 8503: ... |
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What are Grandparent Visitation Rights in California Family Courts?
October-25-2011
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| As stated in the California Family Code 3103-3105 “the court may grant reasonable visitation to a grandparent of a minor child.... if the court determines that visitation by the grandparent is in the best interest of the child”. Grandparent visitation rights are fairly new and the laws are not always known ... |
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How to Respond to a Divorce or Dissolution of Marriage Petition in California Family Courts
October-18-2011
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| In California, if one person wants to end the marriage, the court can end it, even if the other partner does not agree or want the separation or divorce. A petition for the dissolution of marriage is the first document that is filed in a divorce case. This document, commonly referred ... |
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How to Fight an Eviction in California
October-14-2011
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| There are several reasons why your landlord may serve you with an eviction notice (also known as the 3- day- notice in California). The most common reason is your failure to pay the rent. Other reasons include any violation to the lease or rental agreement, damage to the property, interference ... |
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How to Respond to a Lawsuit in California Superior Courts
October-11-2011
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| At first you may ask: "What is a "Superior Court"?The Superior Court of California is the court of general and limited jurisdiction in each county in the state. It includes family law court, juvenile court, probate court and conciliation court, commonly known as small claims court. Superior Court has trial ... |
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California Business Formation: LLC, LLP, or Corporation
October-09-2011
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| If you have decided to open your own business in California, one of the most important decisions is your business form. California allows business owners to choose between several types of business entities. The entity you select will have major liability and tax consequences. A knowledgeable business lawyer can advise ... |
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How to File a Personal Injury Lawsuit in California
October-07-2011
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| Personal injury is an area of law that helps to protect you from careless, negligent, or even deliberate harmful actions of others. If you are hurt in such an accident, the negligent party may be legally held accountable.First and foremost, you must be able to prove that someone has a ... |
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Your Rights in Wage and Hour Disputes with your California Employer
September-28-2011
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| Have you been paid properly for the hours you are required to work? Do you know your rights under California overtime laws? When employers fail to pay their employees according to the law, those workers have a right to file claims against them.Possible wage and hour questions you might have ... |
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How to File for Chapter 13 Bankruptcy in California
September-20-2011
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| Bankruptcy in California is something most people do not want to think about or talk about. It is something that a lot of people see as complete failure, a disaster. Even though it is something that you probably do not want to think about or consider, you may have reached ... |
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How to File for Chapter 11 Bankruptcy in California
September-15-2011
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| Chapter 11 bankruptcy is a reorganization procedure used by businesses, including sole proprietors, partnerships, and corporations. A fact that surprises many people is that almost 9 out of 10 new businesses end up failing. What happens to a business when it runs out of money? Chapter 11 is the chapter ... |
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How to Determine Child Support Arrears in California Superior Courts
September-12-2011
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| Generally speaking, when parents dissolve their marriage, one parent gets majority custody of the children and the other parent pays child support. In California, Superior Courts have jurisdiction over this aspect of family law. The court first determines the amount of the payment to be made by looking at guidelines ... |
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How to File an Intellectual Property Lawsuit in California Courts
August-29-2011
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| Intellectual property laws and regulations protect three types of intellectual products: patents, trademarks and copyrights. Each of these three products is a different type of intellectual property with their own laws. A patent is an exclusive right to the ideas and inventions of an individual. The person then has to ... |
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How Do I Find the Right California Lawyer for My Case?
August-09-2011
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| There are more than 160,000 practicing attorneys in California, so finding the right one can be difficult. Here are the guidelines to selecting a good attorney: 1. Make sure that you approach an attorney experienced in the field you are dealing with. An experienced attorney will know the best techniques in handling a case. ... |
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Collecting on Judgments in California Superior Courts
August-04-2011
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| In California, the percentage of judgments that remain uncollected is 80%. The judgment may have been awarded by the court but judgment collection is the responsibility of the judgment creditor. The key to enforcing a judgment is knowing where the judgment debtor’s assets are located. The common sources of assets ... |
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How Do I Appeal a Decision From a Small Claims Court in California?
July-29-2011
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| A California small claims court is a special court where individuals, representing themselves, can sue another person or entity for any amount of money less than $7,500. If the person suing is a corporation or partnership, the maximum claim amount is $5,000. A party cannot be represented by lawyer in ... |
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How to Enforce a Family Law Judgment in California
July-17-2011
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| In issues involving Family Law in California, there are two kinds of judgments that may be entered: first, those judgments that involve child or partner support and second, those that do not involve child or partner support.How does one enforce a judgment under the first category? First, it is important to determine whether ... |
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How to Obtain a Divorce in California Superior Courts - Family Law Divisions
June-29-2011
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| How to Obtain a Divorce in California Divorce is the legal process that ends a marriage. As part of the divorce, spouses may have to resolve several issues, including the division of marital property and the possible payment of spousal support. If there are children of the marriage, divorce will also ... |
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California Spousal Support Modification
May-21-2011
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| Spousal support, also known as alimony, is payments that a judge orders one spouse to pay the other spouse after divorce. In California, many spousal support awards can be “modified,” or changed. In order to obtain a spousal support modification, the California court must have retained jurisdiction over the issue ... |
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Attorney-Client Matching vs Referral Services
May-01-2011
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| According to Reuters, over 9 million consumers will search online for legal services each month. People are turning to the Internet for legal services in increasing numbers, while they rely on phone books and offline media less and less. One of the hottest and most successful trends for both ... |
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Suing for Dental Malpractice in California
April-01-2011
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| Dentists, like other health professions are required to adhere to professional standards when treating patients. Grounds for a California dental malpractice lawsuit occur when the conduct of a dental professional falls below the acceptable standard of dental care, causing you injury. The conduct can be intentional or unintentional. It includes ... |
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