“I Run A Small Company. What Are My Retirement Options?” One of the questions that I often get from clients who are either doing their estate plan or incorporating their business into an LLC or Corporation is “what do I do about retirement?” This is not really a legal question, but is an important component of planning. Many small businesses cannot afford to commit to a large-scale pension...
Swanson O’Dell
From The blog
“How Long Does A Civil Lawsuit Take In California?”
“How Long Does A Civil Lawsuit Take In California?” Most cases (which include limited civil cases between $10,000 and $25,000 as well as unlimited cases with a value of over $25,000) are subject to the “Fast Track” system. The goal of the fast track system is to have civil trials within one year of the date of the filing of the lawsuit. So for most cases, you can expect a trial about one year...
“What Is The Difference Between Formal and Informal Probation?”
“What Is The Difference Between Formal and Informal Probation?” First, what is probation? Probation is the opportunity to serve anywhere from no time up to a year in County Jail and then have the balance of any potential sentence not imposed while you prove that you will no longer engage in inappropriate behavior. The terms of probation are given by the Judge imposing the sentence. You...
“If I Sue Someone, Can I Make Them Pay My Attorney Fees Under California Law?”
“If I Sue Someone, Can I Make Them Pay My Attorney Fees Under California Law?” The answer to this question, generally, is no. Under California law, there are no general provisions for the payment of fees to the winning side. There are some exceptions, however: there are some types of cases which have a statutory (special civil code sections) basis for allowing fees to be recovered, although...
“Why Do I Have to Go To Mediation For Custody And Visitation?”
“Why Do I Have to Go To Mediation For Custody And Visitation?” California State Law requires a mediation prior to any request to the court to change or set custody or visitation orders. The reason for this is simple: in most cases a schedule set by the parents will be more beneficial to the children than something the court sets up. This is because the parents know their child’s needs and...
“My Divorce Is Taking A Long Time. Can I Get Divorced Now And Deal With The Property Issues Later?”
“My Divorce Is Taking A Long Time. Can I Get Divorced Now And Deal With The Property Issues Later?” In California, you can bring a motion for what is termed a “bifurcation of status.” What this means is that you can ask the judge to do the actual divorce portion of your case before the rest. The judge will look at the circumstances of the case and determine if this is appropriate. There are many...
“How Long Does A Divorce Take In California?”
“How Long Does A Divorce Take In California?” A divorce in California must, by law, take 6 months from the date of the filing of the Petition for Dissolution. However, in some cases where there are no contested issues, you may obtain your divorce judgment prior to the expiration of the 6 month period, but the divorce is not officially final until 6 months after the filing date. That is the date...
“I recently moved to California from another state and I need to change my custody orders. Can I do that in California?”
While the rules of each state are different, the court where your previous orders are from can be modified after a petition to modify the orders in California has been filed together with a motion in the old state requesting that the court there relinquish jurisdiction to the State of California. Because the rules are different in each state, you unfortunately usually need two attorneys: one to...
How Does Prop 47 Affect Me?
The recent passage of Proposition 47 has made sweeping changes to the landscape of criminal law. Often when new criminal laws are passed it only affects things which happen in the future. This Proposition not only affects the future, it provides the opportunity for many people change their criminal history. For every crime that has been reduced from a felony to a misdemeanor there is the...
“I Started My Company On With An Online Service. I’m Legally Protected Now, Right?”
One of the biggest misconceptions for small business owners is that starting a corporation gives them legal protection against lawsuits and asset forfeiture. While it is true that an online company can do your incorporation or form an LLC for you, this only creates the company on paper and if it is not followed up on in the proper manner, your corporation can be legally disregarded. In the State...