For most injury claims caused by wrongful act or neglect (e.g. , an auto accident or slip and fall accident), or for actions for assault or battery, a lawsuit should be filed within two years. (Code of Civil Procedure Section 335.1)
For actions against a public entity or employee, a lawsuit should generally be filed within six months after written notice was given by that entity or employee of a denial of one’s claim. (Government Code Sections 913 and 945.6)
The amount of monetary compensation one can receive for an injury depends on the facts and circumstances of each case. There is no general or specific rule of thumb. Do not be fooled by statements saying one can receive two or three times the amount of medical bills. Factors that are important to the evaluation of an injury claim include, but are not limited to, the type and severity of injury suffered, scarring or fractures, the type of medical treatment received, the length of recovery, the amount of medical expenses, prognosis for recovery, the need for future medical care, time lost from work, and lost earnings or wages.
1. What is the difference between a misdemeanor offense and a felony offense?
A felony is a crime that is punishable with a sentence of death or by imprisonment in the state prison. Every other crime is a misdemeanor except those offenses that are classified as infractions.
2. I received a notice to come to court. What will happen on that date?
If you received a notice of a criminal complaint, the date stated on that notice is called your arraignment. At the arraignment the court will advise you of your rights and inform you of the charges alleged against you. The court will ask you how you wish to proceed in your case: Do you want to plead guilty to the offenses alleged; or do you want to plead not guilty, if you plead guilty, the court will give you a sentence which will be the order of the court. If you wish to plead not guilty, then the court will provide you with a date to return to court for further court proceedings, provided there is no need for you to post bail in order to prevent being held in jail until your next court date.
Starting a divorce case begins with filing a Petition for Dissolution of Marriage in the county where you lived or resided for at least three months and in the state where you have lived for at least six months. After you have filed the Petition for dissolution of marriage in the proper county and the proper court, your spouse will need to receive copies of your petition. You will need to serve them with the petition using someone who is 18 years or more at age. You cannot be the one serving your spouse with the petition. Your spouse will then have thirty (30) calendar days in which to file a response in the court after receiving service of your petition.
2. What if my spouse does not file a response within the 30 days?
You can file a request to enter default which will then prevent your spouse from filing a response, unless your spouse files a motion to remove the default. If no motion is filed, you will be able to request a hearing with the court in order to obtain a date and time for you to submit your judgment for divorce for the court’s approval. If the court approves your judgment for divorce, your marriage will then be terminated.
Generally, custody of children depends on a variety of factors. However, the court is usually interested in factors that determine the best interest of the children. Factors may include the length of time the children have lived with either parent after separation, any history of drug, alcohol or child abuse, any history of domestic violence in the family, the amount of involvement or visitation of either parent with the children, and or any special needs the children may have.
Contact the Santa Ana Family Attorneys at the Gonzalez Law Firm to schedule a free initial appointment. Your personal family welfare are his concern.