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Found 519 results

  1. Hope someone can help me clarify my options: I inherited a C corp from my father when he passed away 13 years ago. The only asset it had was a 6 unit apt bldg, which I just recently sold. I was told that to avoid being double taxed on the long term capital gains, I would have to dissolve the C corp the same year as I sold the property. Is that my only option? What would happen if I reinvested the $$ into another property? Would I have to put every penny into the new asset? If I don't reinvest, what are the consequences? After step up basis, etc, capital gains is about 600K. Thanks for your help!
  2. I'm a novice landlord, and am realizing that I set the rent too low to cover the costs on my remote, off-grid home. What restrictions or limitations are there, if any, on how much I can increase the rent? This is in California, in an unincorporated part of Santa Cruz County.
  3. Received a letter from my ex and she informed me that she wants to go back to court and get an order and move from California to another state. There is a court order DV-130 issued (stay away), with a DV-140 (visitation) attached. I get the kids every other weekend ages 3 and 5. She wrote in the certified letter that she wants to talk to me about it, but the only stipulation in the dv-130 is that we can only talk about health issues regarding the kids. Will I have to go before a judge in order to get the stay away revoked?
  4. I am the buyer of a home with a signed purchase agreement from the seller. All requirements for closing have been met. The adult children of the elder seller had the seller, file a quick claim deed on the property to one of the adult children in a effort to cancel the sale. Isn't the lawyer that assisted them in this action breaking the law by knowingly filing a quick claim deed in and effort to avoid the completion of an actionable and binding sales contract?
  5. My ex took my child out of state to TJ , the problem is that my child doesn't have my last name nor I'm in the birth certificate. My baby is a years old and 4 months . She left the country because she was afraid of deportation and her visa was expire . Now she doesn't want to bring my kid back cause she afraid I won't give her back . What can I do to get her back and be her legal parent.? I have been in her life after the 3rd month she was born , she did not name her after me due that she did not know if I was the dad . I myself did the paternity test it it was 99.9 mine . How can I get her back to the USA and get her my last name ? Please help me
  6. My ex and I started divorce proceedings but then found our marriage license (we were married in 1996) was never filed. 1. Do we still have to continue the divorce paperwork? 2. I changed my license to hyphenate his last name and want to hange it back. DMV says I need official documents. If I wasn't legally married how do I prove to the DMV I don't need (for lack of a better word) that name anymore? 3. What implications does this have on future marriages?
  7. how much time spend in prison a person in castaic?
  8. I recently found out that several people my husband and I know in our complex have not been paying rent. They were surprised when they found out that we actually pay our rent each month (the rents are exorbitantly high here) and said something to the effect of because of the economy and lack of jobs that most people are not really expected to pay rent. It so happens that we are African-American (black) and these 2 couples/families are Caucasian (white) and the office rental staff management is all Caucasian (white)... I of course did not want to bring race into this, but I cannot help but feel as if there is some kind of discrimination possibly going on. Several months back, we had a financial issue, and we were late with our rent, and the eviction process was started immediately, with legal papers on our door etc. We were able to avert the eviction by paying (3 weeks late) along with a large late fee. Meanwhile these other people we know say they haven't paid rent since after the first month's move in, and the office has never said anything to them. Would this be considered a Fair Housing issue or is this simply "none of my business" and I should just mind my own business? It surprises me because we work extremely hard (my husband often works 12 hours shifts and I am also working while also taking care of the kids) and after paying our rent every month ($3000) we barely have anything left and are barely getting by. These people we know also drive really nice cars and otherwise appear to be wealthy (new clothes, shopping, gorgeous furniture etc). I really don't want to say anything as I dont want to be "that person" who is complaining about discrimination or playing the race card but I just wanted to get some feed back to find out if there is something I'm missing here or if this is just none of my business or if there is some larger issue going on here and what we can possibly do about it. I also don't think they are lying about it because I know that both the husbands were laid off from their jobs (the two couples do not know each other)
  9. My daughter removed restraints from her grandpa who is ICU patient. As we do everyday. We do not take our eyes off him. Although we have never seen him trying to remove his breathing tube. We understand the restraints having to be on. We put them on when we leave. My daughter eventually left the hospital when the hospital securitg who are also the SJ PD asked her to leave. The nurse became very upset when my kid removed the restraints. I spoke with security SJPD the following day when they stopped me at the door . My daughter is not allowed to visit. That's crazy. Especially because I still remove restraints and the nurses tell me nothing. What does my daughter do when she goes to visit tomorrow and they stop her at the door?
  10. Is it legal for hospital administration to ban family member from visiting grandpa in I c u .
  11. My son had reconstructive surgery done on is jaw. He is covered under both my insurance (Aetna) and his father's insurance (Anthem Blue Cross/ Carpenters' Health and Welfare.) Both companies are claiming that they are not the primary insurer. Aetna claim's that the birthday rule applies and that Anthem is primary because my ex-husband's birthday comes before mine. Anthem is claiming that it's their policy that the insurance that's an HMO/EPO ( which is my Aetna) needs to be primary and that the birthday rule does not apply. We can't get either to pay up and I'm getting nothing but the run around back and forth. Who is right and how do I get them to listen and pay up?
  12. I work as a cashier at a fuel station which is owned by a national retail grocery store. It is a union job but nonetheless every clerk who closes at the fuel station is denied a break. You are enclosed in a glass kiosk in the parking lot of the grocery store. Each closing shift is approx. 5 - 6 hours long. You work alone, cannot leave and don't ever get a break. Management is fully aware and so is the union representative and nothing has been done at all to correct the problem. We have a sign we throw up when we have to use the restroom. Sign says back in 5 min. But honestly if you are in there for more than 90 seconds you end up with 2 or 3 customers banging on the glass or shooting you dirty looks. I am aware Ca law says for every missed break we are supposed to be paid 1 hour of our hourly wage on the next weeks paycheck. How is that enforced without being "at willed"? I've complained to the store manager, union rep and payroll and nobody has done anything. I close usually 4 times a week. To me this is all a matter of principal.
  13. Hi, Just this past Sunday, my husband and I had an incident with one of the maintenance employees. My husband works nights and he had been trying to sleep until some kids started hitting the wall outside (we live in an end apartment). So, my husband went outside and asked the kids which apartment their parents lived in so he could talk to them. Well, one of the maintenance employees said those are his kids (he lives in the complex as well) and instead of being professional- this employee became confrontational with my husband and started cussing him out. My husband was heading back to our apartment with this guy cussing at him saying his kids can play wherever the (f-bomb) they like. My husband then said he was going to get his airsoft gun. Well, the guy flipped and accused my husband of threatening the kids with a gun (my husband didn't threaten the kids and he never said anything about shooting anybody) and got all the kids running to their parents saying my husband threatened them with a gun. One of the concerned parents came to the door and before and questions were asked- the guy started yelling at me and things got heated between me and the maintenance employee. I went outside to see how many kids were there and there were a couple of parents out there and the same maintenance worker proceeded to yell more at me. I told him my husband never threatened to use the airsoft gun on anyone. It was then, that same maintenance employee threatened bodily harm to my husband to me and even threatened to go right into my apartment to go do it. I went back in and called the police and it appeared that one of the parents already called. While waiting for the police- one of the office employees and the maintenance supervisor showed up and only spoke to their employee- didn't bother to speak with me and my husband which angered me a bit. The police showed up and after taking the employee's statement, they spoke with my husband. They informed my husband that he should have never said anything about the airsoft gun (which I agreed) and I felt they talked down to us. So, I told the officers that all my husband and I want is that the kids don't hit the side of the apartment. We have been to management several times to complain about the kids (who weren't being watched by their parents) hitting the wall. We got that, we'll talk to the parents thing. It has happened a lot since then so my husband would go and ask the kids which apartment they're from so he can speak to the parents. He and the other parents would discuss the matter and part on good terms. What happened this past Sunday was the first time something awful happened. I believe the maintenance employee was on the clock performing his job at the time. I was prepared to go file a complaint against the employee with management this past Monday until my husband asked me not to since the police were here and dealt with it. This maintenance employee lives in an apartment real close to mine and since his threat to me- I haven't felt safe even with my doors locked and him knowing that I'm home alone on certain nights. Sorry this is so long but I wanted to get the story out so I can get some advice. Should I have talked with management about my concerns? Also, do I have a legal leg to stand on if I continue to have problems with the same employee? Can I also request that I don't want this employee to enter my apartment even for maintenance requests? I feel if this employee comes into my apartment, he might take the opportunity to assault my husband. I know I'm being a bit paranoid but knowing he is an employee and that he might have access to apartment keys has me genuinely concerned for both mine and my husband's safety. Any advice would be greatly appreciated. Thanks
  14. Hello, I am currently engaged in a legal battle with the Department of Children Services in the county of Los Angeles. I would like your firm or lawyers to help me with the false allegations stated about my self, or the information need to clear my name. I would also require your legal expertise to regain my full parental right. Thank you for you time and consideration of my request. I eagerly await your reply. Thank you sign, A Mother
  15. Hi all, I'm a freelance IT / SMB consultant. I want to get a DBA for the "biz name" I use, lets call that BIZ-A. Aside from that, I'm starting a serious for-profit company under another name, BIZ-B. It has a specific name already as I own the web domain. So in trying to understand how LLC's are registered, does the business name default to my name unless I specify a "trade name"? Or is the LLC only in my name and I then have to register a DBA under it? Alternatively, I've always considered using my BIZ-A name as the parent company for BIZ-B, and C, D, Etc... since I am on track to being a serial entrepreneur. So is this model do-able? Would I then register BIZ-B as a DBA trade name under BIZ-A and it is ultimately responsible for all record keeping for BIZ-B, C, etc? So, as I see it... Scenario 1) DBA my BIZ-A name, and separately LLC BIZ-B. Understand that I have to pay to register/file both here. Scenario 2) LLC with my BIZ-A name, and DBA both the IT sidework company and also DBA my larger primary company under it so that both are separate tax-wise. I'm seeing the startup costs as higher here but then if I end up selling either down the road, it would be easier no? Hm I just read that as an LLC, all taxes for the business or multiple pass through me anyways? But isn't it true that a DBA get's assigned an EIN for tax purposes, and would not an LLC also get a separate EIN? Trying to figure out the basic plan here.
  16. If employees members od union go on strike because of refusal to grant them a raise in wages after years and years of no raise or bonuses. What resources can thy look for financial compensation during strike
  17. I was discipling my daughter for doing something she had no business doing, she had a bruise on her arm the size alittle bigger than a quarter she went to school and claim her friend held her arm and she was in pain her friend asked her what happen and she told her, and her friend reported it to the school office. This incident happen in junior high School last year April, the school called the cops and C P S the cops brought my daughter home and CPS came to my home to question my daughter they did in private and took a report from me. After weeks of investigation CPS close the case. Then I got a letter from the DA about a criminal case against me . So I have been going to court since every month from last year May The doctors report says he examine her and find nothing, the cops took pic at school the public defender I have told me the pics are purge they cant find them, A public defender came to my home took a statement from my daughter about the incident. So last month and this month my public defender was MIA claiming to be at trial..... But I was informed by another Public Defender that she send a written motion to the Judge for a dismal because the lack of evidence but the judge deny the motion. I would like to know was it ok for my Public Defender to send a motion without me seeing it or without my approval ?
  18. I hired a licensed, bonded tree service about 6 months ago. This is a highly reputable service I've used regularly for years. About 6 months ago one of their employees asked if he could "temporarily" store his little coupe car in my wooded land. The coupe had suffered a very nasty buckle to the driver's side door when an uninsured lady plowed into him. I explained that if he wanted to store it monthly it would be $100/month. He assured me this was a temporary request while his automobile insurance company processed the claim and he would be by in a "matter of days" to tow it to his home. Six months later he will not pay me the $600 he owes me. The owner, as I said, is licensed & bonded. I've never had a disagreement with him once, but for some reason he refuses to accept any responsibility for his employee. Do I have any rights to make a claim on his insurance? If you read the other thread I posted to this forum you'll see that I am effectively bankrupt and there is a very real possibility I will be homeless at some point in the next year, the County preparing for the Tax Sale of my home on unpaid property taxes, deferred for a few more months. $600 is not a small matter to me right now, particularly as PG&E is threatening to turn off my electricity. Many years ago I was a Sr. Litigation Secretary and I seem to recall there was a legal term for when a party attempts to shift a portion or all of his liability to a third party. A term so ubiquitous it's been impossible for me to narrow it down: transfer? convert? replace? attach? I'm sorry, I'm not describing this very well. Even if I don't have a case I would still like to be reminded of that legal term. Thank you for your help.
  19. I found out last March that my husband had embezzled over $300,00 from his job at a non-profit during the past 7 years. I was not aware of it at all as he kept the finances from me our entire married life. He has made restitution financially however I have heard that there are tax issues involved. We have heard that the company did file a report with the IRS but he was not given any documentation of this being true. How do I protect myself from being liable for the taxes he may still owe on the embezzled money? Do I file separate? What about taxes we filed joint returns on those years he was embezzling. Do I need to go back and do ammended returns? I don't even know where to begin to protect myself from this or how to file taxes this year or going forward as well as what to do about the past 7 years. Please help! Thank you,
  20. Is a lease a valid contract if both parties have not signed it? I left a deposit, now that I want my money back the landlord dose not want to give it back. the move in date is supposted to be 3/15 and I told him 5days after giving him the money that I could no longer move and needed my money back, and he is saying he will only give me back half if I wanted. what can I do? can he do this ? he already rented it he said that if they come get the key he will give me about half my money back. please help.
  21. My parents have been living in a house for 16 years without any form of contract or lease. In fact the owner did not have the property as if he was "renting it out" but as if he was letting them "borrow" it. Even though they payed rent every month. They were also unable to apply for any lower income opportunities for their bills because the owner had everything under His name and would just send my parents a amount of what they had to pay. They have a minior who's school was asking for proof of a lease or a bill or the owner come. To the school and sign a paper in order to enroll the boy in school he refused. So my parents insisted for a contact of some sort until he finally agreed, came to the house brought them a paper in English (my parent do not read English and he knows that) and told My dad to "sign the paper because that's what my dad wanted" he did not allow my dad to read it (or wait for me to arrive to read it before he signed it) he pushed for my dad to sign it. Which he did and he took off not providing him with a copy. The year was almost over and the owner send them a paper telling them to vacate by a month saying he had asked them for the house a numerous amount of times which was false but my parents started looking for another place because the owner would harass them, wouldn't want them to have visitor etc and was making them uncomfortable they found a place and moved all their stuff in tried contacting the owner who lives out of state and no answer but they had to leave because his lease in the new place stated they did send him that months rent and went to a notary and did a. Paper and send him his keys by mail and made sure all doors were locked because they had no way of getting a hold of him. Now a year later he's trying to sue my parents because he said his lease agreeent said if they left before the year the had to pay the remainder of the months (which was 1 mo. $700) and $5 per day even though they were unaware because they were never given a copy . After they vacated he remodeled the house because he wanted to charge more for rent than they payed and we believe that why he wants the money. Keep in mind that when they moved it the house was a mess and my dad had to fix the house out of his pocket and we have pictures that show we left the house in good conditions. He is just retaliating and he also threatened our neighbor if they helped us in anyway to sue him. Thank you sorry it's so long
  22. My wife was going through a rough time with her ex, he was filing for custody of their daughter complete with restraining order ECT. Her emotions were getting the best of her and she wound up climbing the local firehouse and threatening to jump if she couldn't see her daughter right then.Needless to say she was promptly scooped into the paddywagon and shipped out to a mental facility for evaluation.She returned some two weeks later with a diagnosis and a prescription. Somebody she got a ride with stole her meds and then got arrested for something and her meds went with him. She went down to the local sheriff office to try to retrieve them but was denied.By this time she was getting manic and said something to the effect of "well if you're not gonna give me my meds I should just go kill myself". This of course got her stuffed into a car and transported to our local hospital for a suicide watch. Her mental and emotional state by this time was deteriorating rapidly . She managed to walk away from the watch for some distance but was quickly tackled into a brick wall resulting in needing stitches in her chin,however she was thrown into the observation room bleeding, hurt ,scared and un-searched .She had a lighter on her and did what made sense to her at the time .Because nobody was paying any attention to her wounds and in her mind she was forgotten in this room she lit a blanket on fire. Long story short she is now convicted of felony arson convicted because she plead guilty . She was put on probation along with a bunch of other programs however she did not check in with them and was picked up walking down the street .probation Dept. is now revoking probation and recommending the terminal of 16mos in prison. Did I mention she is a bright 23year old and had NEVER been in trouble with the law before? Not only that but had graduated top of her highschool class with honours and was just a few college units away from a teaching credential. Now she is heading to prison. She has been denied bail since being picked up. I feel completely helpless .Please if anybody has any ideas let me know. Is it too late to retract her guily plea?...thank-you in advance
  23. Hi! My wife wants a legal separation. Just served me today. I have time sensitive question: I let our property management company know what is going on, and that I am leaving the house in 30 days. They got back to me and said that's fine, I am on month to month, but, she can't stay and continue because she does not qualify to rent the place, and asked me if I intend to give notice to totally vacate in 30 days. I can't stay on the lease, and be exposed. We have lived there for 7 years. I have already secured a house to move, and the kids will have rooms, and a nice place to live. I informed my wife of this challenge, and she is using verbiage like: "The children's standard of living along with their stability will be greatly affected" "I am surprised at your indifference towards the children potentially losing their childhood home." My wife works full time (as of a year ago, after 15 years stay at home), and I plan to pay the support that is shown on the calculator on the California gov website. Am I allowed to give notice on this rental house and get out? Or will she be able to make some case that I've hurt the children's standard of living? Thanks for any advice.
  24. Hi, I am a divorced parent and I claimed my son as a dependent on my 2016 tax return. My tax return was accepted and processed by IRS. My son turned 18 in April 2016 - and considered not living with either parent for the year of 2016 by tax laws - and child support ended in June 2016 when he graduated from High School. Now my ex-spouse wants to claim my son on the tax return. In terms of tax laws my ex-spouse doesn't have a case because custody rules don't apply and the person who files first can claim the child as a dependent. Does my ex-spouse have a case in family court?
  25. My fiance who is a Mexican citizen with a valid US visa was arrested crossing the border for narcotics trafficking because there was meth hidden inside door panels on her car. She is not guilty, and after being held in prison for 6 months she pleaded guilty to making a false statement to a CBP officer, and all other charges in the indictment were dismissed. The prosecutor for the case told me that she should ask for expedited deportation and should be out of detention in a few hours. She was sent to Immigration detention, and she waived all rights and petitions to stay in the US, forfeit her visa, and just wants to go home to Mexico, asking repeatedly for expedited deportation. Instead after detaining her in Otay for a couple of days they sent her to Adelanto and are not providing any clue as to when she can be released. The Mexican consulate has visited the center to offer help to detainees, but they are not lawyers and only offered advice on submitting her court documents to immigration officials in Adelanto. As a for profit prison, they have no incentive to expedite anything or offer help, they want to keep the facility filled to collect money from the government. She has been held for 10 days, and the Immigration officers presented her with a document that says she is guilty of narcotics trafficking, conspiracy, and moral turpitude and told her she needs to get a lawyer because her case is open. She showed them the court documents concerning dismissal of charges, the plea deal, etc. They just said she needed to speak with a different immigration official. These actions by the government are moral turpitude and malfeasance in my mind. The lawyer that defended her on the narcotics charge advised I seek an immigration attorney for this, and because the government moved her 3 hours away, we need assistance in Adelanto if there is something that can be done to make the government release her. My legal question is 1) What can be done to stop this extended detention and get her back to Mexico? 2) Are there claims that can be made against the government about this abuse and extended detention