Landlord-tenant

DO I NEED A ATTORNEY AND DO I HAVE A LEGAL CASE REGARDING HEALTH OR ANY OTHER ISSUES.

MY A SINGLE FATHER WITH FULL CUSTODY OF MY 3 YEAR OLD.MOVE IN WIH A FRIEND OF 9 YEARS. WE HAD A PERSONAL ISSUE OF A CAR I PURCHASED FOR HIM WHICH WAS REPOED.HE MOVED IN HIS GIRLFIEND WITH HER CHILD.WEATHER WAS GREAT MOVED IN,FALL WINTER CAME VERBALLY ASKED WHEN ARE THEY GOING TO INSTALL THE HEATER,WAS LEFTIN DEAF EARS AND GO TO WALMART FOR A HEATER.NOTE I PAY HIM CASH AND HE AS WELL THEN DEPOSITS THE CASH IN THE OWNERS ACCOUNT.WE HAD A ARGUMENT WHEN A MAN APPROACHED WHICH WAS THE OWNER, ADVISED TO CHANGE LOCKS,I STARTED THAT WAS ILLEGAL THEN THREATENED TO CALL POLICE.ME AND EXFRIEND MADE A AGREEMENT OWNER SIGNED AS WITNESS. OWNER SERVED 30DAY THEN UNLAWFUL. I ANSWERED UNLAWFUL AND WAITING.EXFRIEND CALLED POLICE.CUT PWER TWICE.CANT USE KITCHEN ECT.AND DONT TALK.CALL CODE ENFMT WAS IN VIOLA

Nathan’s Answer

Your case sounds complicated and at present sounds like you are facing an unlawful detainer otherwise known as an eviction. I have changed the practice area to allow attorneys who are familiar with warranty of habitability to maybe chime in.

My rule of thumb is "When you are asking if you need an attorney, you do."

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Professional ethics

Can opposing counsel be held in contempt for purposefully misleading by suggesting proposal, but later denies/fails to do it?

Going through divorce, and ex's attorney has been misleading the entire way.

1) he claimed he was fine with the service being substituted as ex was traveling, but then he went to file a motion to quash.

2) he, the attorney claimed to want to negotiate a settlement, but after I accepted mediating for a settlement he took almost 3 weeks to get back to me to sign a stipulation agreement and to schedule/arrange a date and mediator.

3) he claimed my ex would not fight for custody, my ex delayed and delayed responding to petition and went traveling w/no contact of our kid until now he wants custody and palimony).

4) Lastly, he finally agreed to all the terms, but now wants me to pay for it when he said his client would pay.

This is ridiculous, is there any penalty I could seek for him?

Nathan’s Answer

If you cannot obtain representations in writing, signed by the other attorney, you should not assume that anything you interpret will occur as anticipated by mere representations of another side in an adversarial contest. It is unfortunate that courtesy is lacking in this contest in particular, but it can happen from time to time even among counsel.

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My RN license be revoked

Will my RN license be revoked/not renewed ?

I renewed my license online and reported that I was convicted of a crime. Will this affect my renewal ? I didn't provide any documentation and just checked off "yes" that I was convicted last year. Need I submit the court documents that I am on probation and paid my restitution etc ? It's not drug-related nor patient-care related. Or should I wait ? Please help. Thank you.

Nathan’s Answer

It is important when answering questions related to licensure, to be complete and thorough as the administrative body may see that as a lack of candor. I think it may be wise for you to contact administrative counsel to review with you the application, and whether an addendum is in order.

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Criminal defense

Will I have to pay the collection fines to get my license back

I have 2 tickets in collection with Gc services a collection dept. I received a letter from the Dmv stating to contact court to resolve the issue the tickets are from 2012 and 2013 will I have to pay the fines or can I go to court to have my license reinstated

Nathan’s Answer

Tickets are legal matters and are better off resolved early unless you want to pay for an attorney to try and reduce or eliminate them. Once the fines are adjudicated by payment, it is likely the DMV will be notified by the court but you will have to follow up to make sure if it is important to you that you receive your license back quickly, assuming there are no hitches at court.

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Can I sue doctor or hospital ?

Can I sue doctor or hospital for turning me away from 3 day hold while suicidal?

Last fall, upon the recommendation of my counselors, I admitted myself to a hospital in Pasadena while having intense suicidal feelings and paranoia delusions. Despite me reporting this to the hospital, the hospital's evaluating doctor refused to admit me because I refused to take meds due to my fear of meds. I thought I had the right to refuse meds and not be turned away. Within a week, I was hospitalized again with cut wrists. I called one of those TV lawyers and they declined to take the case saying there was no harm. No harm? Being hospitalized a week later with cut wrists is no harm? Also, I can't prove it but I feel like the doctor was prejudice against me for being homeless. Nonetheless, she denied me hospitalization.

Nathan’s Answer

Hospital may not take have taken you if they felt you were not an imminent threat to yourself. Otherwise, you may have been subject to involuntary commitment. I wonder if there was a partial hospitalization or intensive outpatient program available. Were you referred to anything like that? Sometimes the waiting times for mental health services can be frustrating.

The TV lawyer may have been falling back on 1st year law where we learn that without damages, there is no case. Even if you can show you were an imminent threat to yourself, and were wrongfully denied admission, you have to show your damages were directly and proximately caused by the denial of hospitalization the first go-round. The fact a week had gone by will likely be fatal to your case and it is difficult to say that you cutting your wrists is a direct result of the hospital refusing admission a week before since many things may have happened during that week.

I am sorry to hear you feel you were prejudiced. Even if you were not homeless, mental health issues unfortunately still carry with them a stigma that many people are trying to help society overcome.

The above is my opinion, not advice, so it may be prudent to call around and ask other attorneys what they think. I wish you the best of luck in your health.

If someone ever feels like committing suicide, a phone call may save a life:

1 (800) 273-8255

National Suicide Prevention Lifeline

Hours: 24 hours, 7 days a week

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I need to report to the board of nursing

Do I need to report to the board of nursing prior to my LVN license renewal, of a misdemeanor grand theft conviction ?

I am currently in pre-trial for a theft case regarding my previous employer ( I worked as a server in a restaurant ) . I just got a job as an LVN at a skilled nursing facility. I cannot express the amount of remorse I have for my past but that is besides the point. I know that upon renewal of my license next year I will have to report my conviction . But my question is , once I do get convicted , do I need to immediately report it to the board ? Or am I supposed to wait for when I renew my license. Also , if I do report it, will they immediately revoke my license and notify my employer ? Or will there be negotiating? So that I may continue practicing until I do get my license suspended .( and at that time I may leave my job honorably) I have not yet been convicted, but soon to be...

Nathan’s Answer

Administrative bodies can inquire into criminal proceedings even if you eventually do not end up being convicted, or plea bargain to a lesser charge. It is incumbent upon you to find administrative counsel that can represent you or work with a criminal defense attorney to ensure you are properly framing whatever is going on in your criminal matter before the administrative board gets a handle on it. Once the administrative board opens its own investigation, it may pursue its own hearing to determine whether you should be suspended or have your license revoked.

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Vocational Nurse (LVN)

Can my Vocational Nurse (LVN) license be suspended if I do not pay federal and state taxes in California for 2 years?

Nathan’s Answer

It may but that hugely depends on whether the administrative body wants to file an accusation against you for failure to pay. This will be highly dependent on the nature of the facts underlying why you did not pay taxes. I recommend you contact an administrative attorney and discuss with them the details of why you are concerned about administrative action in relation to your inability/refusal to pay taxes.

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Vocational nurse license (LVN)

Can my vocational nurse license (LVN) be suspended if i do not pay federal and state taxes in CA for 2 years.

Nathan’s Answer

http://www.avvo.com/legal-answers/can-my-vocational-nurse--lvn---license-be-suspende-2071424.html?answered=true (duplicate)

It may but that hugely depends on whether the administrative body wants to file an accusation against you for failure to pay. This will be highly dependent on the nature of the facts underlying why you did not pay taxes. I recommend you contact an administrative attorney and discuss with them the details of why you are concerned about administrative action in relation to your inability/refusal to pay taxes.

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Legal action

Were my rights violated and do I have a case to take legal action?

I work for a medical marijuana dispensary as a armed guard. The dispensary is prop D compliant and pre ICO so they are completely legal with the city. I have all the necessary permits to carry a firearm while working. The Hollywood narcotics division(not the feds) raided the dispensary with a search warrant I guess looking for 2 of the owners, for what im not sure. They end up taking my gun with out checking my permits to carry. They told me they took it for their safety, which I understood but I thought they would give it back once they let me go. They told me to call the next day to pick it up at the station, but when I called I was told as soon as ballistics finished testing my firearm I would get it back. I don't believe they have just cause to take my weapon and test it.

Nathan’s Answer

The search warrant, assuming it was supported by probable cause, and signed by a judge, could have given the officers the right to seize the firearm regardless of permits. Keep following up keeping in mind government is much more arduous to sue than a regular civil party or entity.

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Professional ethics

I hired a lawyer to file a lawsuit for us and we paid him the balance of what we agreed and the filing fees. he never filed.

my family paid the attorney the agreed amount to do the work for the lawsuit and the filing fee for the lawsuit in December 2013. We tried contacting him about the lawsuit and finally got a hold of the lawyer only after we threatened to file a complaint to the state bar to his receptionist. Now we are having trouble getting the lawyer to give us back the money we paid him including the filing fee because he says he doesn't have it. Is there anything we can do to get the money we paid him back? we are especially upset because we paid him money specifically to file and he obviously used it for something other than its intended purpose.

Nathan’s Answer

You can contact the State Bar to initiate a complaint. You can also hire counsel to negotiate and try to obtain your monies back from this lawyer in a settlement that compensates you for any damages you may have suffered in lieu of this lawyer's failure to follow through on their obligations.

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