Q: Where are you located?
A: Here are some of our team’s FAQs. Our office is located in Los Angeles, California, but we practice law throughout the entire state. If you are calling from outside of California, we are happy to help you by referring you to an attorney in your area, since we have a nationwide network of excellent attorneys with whom you can connect. Whether or not you reside in California, if you own real property which is located in California, or, if your vehicle was purchased in California, please call us for a free consultation to see if we can assist you with your case.
Q: What is a summons?
A: A summons is a court document that notifies the people you are suing (the defendants) that there has been a lawsuit filed against them. This document must be served upon the defendants within 60 days after filing the lawsuit or the court will dismiss the defendants from the lawsuit. The filing of a summons requires a court filing fee; without this, your case cannot begin.
Q: What is a complaint?
A: A complaint is an opening document in a lawsuit, upon which your entire case is built. The complaint will contain all of the facts and arguments necessary to convince the court of the merits of your legal issue. The strength of any case depends upon your specific set of facts and how well the law can be argued and applied to them. A complaint must be well-written and coherent, which is exactly what our experienced team of attorneys and writers will accomplish to help you win your case.
Q: What is service?
A: Service is the act of delivering the opening lawsuit papers (the summons, complaint, and other documents as provided by the court) to the defendants in your case. Service may be accomplished in a number of different ways, but the preferred and most common method is personal service, in which each defendant is hand-delivered a copy of the summons and complaint by a person over the age of 18 who is not part of the lawsuit. Our firm typically accomplishes this by hiring an experienced, licensed, and bonded company. When personal service cannot be effective, alternative methods may be used.
Q: What is a hearing?
A: A hearing is an “appointment” with the court in which the attorneys must appear. A hearing can refer to a simple case management conference, where the judge (i.e. the court) will ask about the status of the case. A hearing can also allude to a motion hearing, where the judge will hear arguments for and against a request made by either the plaintiffs or defendants. Appearances at hearings may be made in person, by CourtCall® conferencing, by telephone, or by an appearance attorney.
Q: What is Court Call?
A: CourtCall is a third-party online scheduling service that allows attorneys to make certain court appearances by telephone or video conferencing. Using Court Call can save clients time and money because the attorney can make a required appearance without having to physically travel to the court.
Q: What is an appearance attorney?
A: An appearance attorney is an outside lawyer who is hired to make a special appearance on behalf of a law firm. The Consumer Action Law Group has close professional relationships with many experienced attorneys who can effectively represent you in the rare instance we are unable to make an appearance.
Q: What is a motion?
A: A motion is a two-part request made to the court either by the plaintiffs or the defendants. The first part of the motion is the paperwork, which the moving or requesting party must file with the court. The paperwork must show what the party is requesting, why the request is being made, and the legal grounds to support the request. The other party must respond to this paperwork by filing an opposition. Then the court will have a hearing in which both parties will argue for and against the request. Based on these arguments, the Judge will either grant or deny the motion. A motion typically costs $60. The court may also charge a court reporter fee of about $30, depending on the judge or county.
Q: What is a demurrer?
A: A demurrer is a special kind of motion made by the defendants that challenge and attacks the legal sufficiency of the plaintiffs’ complaint (the word demur means “to object”). A demurrer can seek the dismissal of specific parts of a lawsuit, or alternatively, call for the entire lawsuit to be thrown out. A demurrer follows the same rules as any other type of motion, as described above.
California Labor Laws for Wages and Hour FAQs
Q: What is the minimum wage in California?
A:
- Starting July 2014, the minimum wage is $9.00/Hour (although some cities require more)
- Starting January 2016, the minimum wage will be $10.00/Hour (cities may require more)
- Starting January 2024, the minimum wage will be $16.00/Hour (cities may require more)
- Exceptions include outside salespersons, relatives to the employer, apprentices, disabled persons, and some on-job learners.
Q: What is the overtime wage laws?
A:
- Any employee who works more than eight hours in any workday is entitled to one and a half times their hourly pay rate.
- More than 40 hours in any workweek entitles an employee to one and a half times their hourly pay rate for any hours above and beyond 40 in one week.
- An employee is entitled to double-time for any time over 12 hours worked in a day.
Q: What if employer doesn’t pay me overtime?
A:
- An employee can file a Wage Claim with the division of Labor Standard or a lawsuit in court against their employer.
- It is best to call an employee rights attorney, labor law attorneys, or labor law lawyers who can advise regarding salary and overtime laws.
Q: Do I get compensated for travel expense and training?
A: An employer must compensate employees for all authorized travel, as long as the employee was working for the employer. Travel and training time should all be compensated for.
Q: What is the Vacation Pay Law?
A:
- There is no California law stating an employee should receive or not receive vacation pay.
- Under California state law vacation pay is considered wages.
- Vacation pay cannot be forfeited at the time of termination, regardless of the reason for termination.
- If an employer discriminates or retaliates an employee can file a Retaliation/discrimination complaint with the Labor Commissioner’s office. The employee can also file in court against the employer.
Q: What is California Sick time or paid leave laws?
A:
- An employee is entitled to paid sick time after 30 days of work (and satisfaction of the 90-day probationary period).
- Part-time, temporary, and per-diem employees are entitled under the new law starting in January 2015.
- One hour of paid sick leave is accrued for every thirty hours worked.
- You can take sick leave for you or a family member for preventative or an existing condition.
- The employee needs only to give written or oral notice.
- The employee must be paid at their normal pay rate.
Q: What is the holiday pay laws?
A:
- Hours worked on Saturdays, Sundays and holidays are treated like any other day worked.
- California Law states employers are not required to pay employees for holiday time.
- Employees are paid their regular rate of pay on Holidays.
Q: What is the rest and meal periods law?
A:
- Ten-minute Breaks for every four hours worked.
- California law requires a 30 minute rest period after five hours of work.
- It is best to call an employee rights attorney, labor law attorneys, or labor law lawyers who can advise regarding salary and overtime laws.
