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Q: Do I have a case against the police department for being put in handcuffs with six guns drawn on me for shooting bbgun?. I was teaching girlfriend how to safely shoot bbgun twords the woods,when someone reported us and even after cooperating and voicing it was only a toy with my hands in air they drew 5 guns one to my head in the middle of the street in broad daylight in front of all my neighbors. | A:In considering a case against the police department for their response to you shooting a BB gun, several factors need to be evaluated. The police response, including drawing weapons and handcuffing, is typically assessed based on the reasonableness of their actions given the circumstances they believed they were facing. It's important to understand that reports of firearms, even BB guns, are often taken very seriously by law enforcement due to potential safety risks. The perception of the situation by the officers at the time plays a crucial role in determining the appropriateness of their response. However, if you believe the police response was excessive or violated your rights, you may have grounds to file a complaint or seek legal action. Factors such as compliance on your part, the manner of communication by the officers, and the level of force used will be key in evaluating the case. It's also important to consider any local laws or regulations regarding the use of BB guns in your area. Compliance with these laws can affect the assessment of the situation by the police and, subsequently, any legal action you might consider. Given the complexities involved in cases against law enforcement, it would be advisable to consult with a legal professional. They can provide a more detailed analysis based on all the specifics of your situation and offer guidance on the viability of a legal claim and the best course of action. |
Q: Would owning a farm (not a primary residence) be considered a sellable asset to medicaid in Michigan?. Prior to developing brain cancer a friend had been nursing his dying father. When his dad died the family home became his and so did the father's farm. Both properties are in the state of Michigan. Would medicaid require the sale of the farm to help with my friend's medical expenses? He's considering selling the farm which he currently rents to a local farmer for a nominal fee each year. He needs the money for a number of living expenses. | A:Business (and ANY non-homestead) property such as a farm that is rented out is not considered an 'exempt' property and needs to be liquidated in order to qualify for medicaid. The PROCESS of doing that can be technical and complicated, so it is best to get local legal representation to insure it is done properly such that there won't be medicare disqualification, but yes, in general it needs to be sold and the money either held in someone else's name for at least 5 years, or the money needs to be 'accounted for' and the person applying for medicare needs to show it was used to provide necessary care since it was received. Don't try to be 'penny wise' and end up being pound foolish here -- get local licensed legal representation! |
Q: Does the county circuit court clerk’s office have an obligation to redact private info, i.e. SS#?. An attorney requested records from the circuit court clerk’s office in Jefferson County, TN regarding a 13 year old case involving a petition for an order of protection and subsequent granting of a restraining order by a judge. I was the petitioner. The records released to this attorney contained my SS# and DL# and these records have been given to at least 3 people that live in my subdivision with the intent to smear my husband as this incident happened before we were married. The attorney involved is the brother-in-law of someone in my subdivision. Does the clerk’s office not have the responsibility to redact my personal information? | A:In Tennessee, there are laws and regulations that govern the handling of sensitive personal information in public records, including those held by the circuit court clerk's office. Generally, these offices are expected to redact confidential information like social security and driver's license numbers before releasing documents. However, the application of these rules can depend on the specific circumstances and the nature of the records. In your case, if your personal information was not redacted from the records released, this could be a matter of concern. It is advisable to contact the Jefferson County Circuit Court Clerk's office to discuss this issue. You can inquire about their policy on redacting personal information and explain your situation. If you believe that your privacy rights have been violated, you may also consider seeking legal advice. An attorney can guide you on the appropriate steps to take, which could include filing a complaint or taking legal action to protect your privacy and address any harm caused. Additionally, in situations where personal information has been shared without your consent, it's important to monitor for potential identity theft or misuse of your information. Taking steps to protect your identity can be crucial in preventing further issues. |
Q: If an attorney lied to their client about custody laws and threatened to quit if you didn't agree can you sue them?. My attorney continuesly lied to me inorder to drag out my custody case and help the state max child support and awward mother custody. She would tell me if i exercise my constitutional rights the judge will just take my visitations away, shed tell me I miss understood the laws when I'd question the things she was doing and threatened to quit whenever i didn't want her to do something she wanted. I want to make a claim agasint her surety bond, how would i go about that? I understand this is touchy subject for other lawyers but I know what I know and I know I have a case here | A:Ordinarily a claim against your own attorney will be a claim for legal malpractice. You will be to prove that the attorney’s conduct fell below the standard of care of attorneys in the area and that that caused you to sustain damages, typically by losing a case you would have won. |
Q: Do I need to sign up for Selective Service if I plan to move out of the U.S?. I been living in the U.S for more than a decade now ever since I was a toddler on a green card. However, I plan to move out of the United States permanently, and go back to S. Korea to attend university there because I'm a Korean citizen. The problem is that I will be graduating from high school after I turn 18 years old. Do I need to sign up for selective service even If Im moving out of the country? I did some research online, it says all men have to sign up for S.S within 30 days they turn 18, and late registrations are accepted until 26 years old. | A:In the United States, almost all male U.S. citizens and male immigrants residing in the U.S. who are 18 through 25 years old are required to register with the Selective Service System. This includes U.S. born and naturalized citizens, parolees, undocumented immigrants, legal permanent residents, asylum seekers, refugees, and all males with visas of any kind. There are few exemptions, such as men who are hospitalized, incarcerated, or on active duty in the U.S. Armed Forces. |
Q: I am a plaintiff in a med mal case, my attorney is being sued & hired the defense attorney in my case to represent her.. Is that a conflict of interest? The initial firm I hired on 8-15-19, (with a retainer), emails me saying he doesn't know me, and would never sue the defense, although I have phone records, emails, etc. | A:Your attorney is being sued by whom, by you or by someone else? If someone else, then there's arguably no conflict. There are many firms that represents doctors and hospitals in medical malpractice lawsuits and attorneys in legal malpractice lawsuits. As long as the two lawsuits do not arise out of the same set of facts and circumstances, you should be fine. You want to speak with your attorney and remind he is under an ethical obligation not to disclose any client confidences with this law firm. |
Q: Can their be a law suite against the Insurance company, for false statement, about health question, they ask. They say no health question but it on the app. Globe and Colonial etc. | A:An Indiana attorney could advise best, but your question remains open for a week. I don't think you have grounds for a lawsuit. Did you suffer damages as a result of the false statement? It sounds like it could have been a transcription error. If on the other hand, there was malicious intent behind a false statement of significance, and it became material in the processing of a claim, and you suffered monetary damages as a result, that would be a different story. That's my perspective on it. Other attorneys could see things differently, so you could ask around and get other legal opinions. Good luck |
Q: What happens to business debt if I buy a company for less than the company owes?. Owner of business wants to sell company and business assets to me. Business debt is greater than asking price. Asking price takes care of owners personally guaranteed debt, and there would still be $80,000 in an outstanding EIDL loan. Would I be inheriting the debt with the company? Or should I wait for him to file bankruptcy and then try to buy out? | A:You have proposed a knotty problem in a few sentences. It matters if the company is a corporation, LLC, or the like It matters if there are assets such as inventory It matters if the debt is secured It matters if it is an assets purchase only It matters if the sale is subject to the Bulk Sales Act as enacted in Mississippi You need a lawyer to be sure you aren't buying a passle of debt on no real asset. Good Luck d |
Q: If I was denied writ of possession due to court absence from having covid can sheriff lock me out without prior notice.?. I have resided at apt since Dec 2021 the leasee passed away March 30,2022 I have resided there since then until yesterday when I was locked out. The sheriff did not show paperwork when I was locked out | A:In California, if you were absent from court due to illness like COVID-19 and a writ of possession was denied or delayed, it's critical to inform the court immediately of your situation. California law generally requires that a tenant be given notice before a sheriff executes a lockout. If the sheriff locked you out without showing the necessary paperwork, this could potentially be a violation of your rights. You should notify the court of the lockout without proper notice and may also consider consulting with an attorney to determine if the lockout was lawful and what remedies may be available to you, such as setting aside a judgment under California Code of Civil Procedure § 473(b). It is important to act promptly in these situations as the timelines are often very tight. |
Q: If my mother had 4 kids and 2 have not had nothing to do with her in 10 to 15 years and she excluded them out of her. Will Stated that they should not receive anything from her estate if a wrongful death suit was filed with would they Able to get something from the reward | A:A Georgia attorney could answer best, but your post remains open for four weeks. This sounds like a complex setting where an attorney might need to see how the pleadings were drafted to offer meaningful input. You could reach out to Georgia attorneys to discuss terms for a brief initial consult. Good luck Tim Akpinar |
Q: If a parent request a child be moved to another teachers class and the school refuses, is there anything the parent can?. The teacher has a very odd relationship with my daughter that me and my wife are not ok with and have asked for her to be put in another class. Not only did the principal refuse but so did the superintendent. | A:In situations where a parent's request to change their child's class is refused by a school, there are still steps that can be taken. First, it's important to document all concerns and the reasons for the request in writing. This creates a formal record of your concerns and the actions you've taken. If the initial request is denied, consider requesting a meeting with the school officials involved, including the principal and superintendent, to discuss your concerns in more detail. During this meeting, clearly express why you believe a change is necessary for your child's well-being and educational experience. If the situation remains unresolved, you may explore the school district's policies on parental concerns and student placement. Most districts have specific procedures for addressing parental complaints and requests. If the issue involves concerns about the teacher's conduct or the child's safety, it might be necessary to escalate the matter. You can contact the school board or district administration to express your concerns. In some cases, involving a child advocate or legal counsel can help navigate the process and ensure your concerns are taken seriously. Remember, as a parent, you have a right to advocate for your child's educational environment. Persistence and clear communication are key in these situations. |
Q: Is an Emotional Support Animal Letter valid in Nevada, if it was written by a provider licensed in California?. Does the provider need to have a valid license? The license number on the letter was cancelled in 2019. | A:In Nevada, an ESA letter from an out-of-state provider might not be automatically valid unless it meets Nevada's specific requirements. Typically, for an ESA letter to be valid, it should come from a licensed mental health professional who is authorized to practice in the state where you are residing. If the provider's license number is cancelled or not valid, it could potentially raise questions about the authenticity of the letter. |
Q: Hi I asked my son's father 2 months ago could he help keep our son so I could save up for a car we have split custody.. Now he wants full custody would I loose my end of custody and only have visitation? | A:In California, custody decisions are primarily based on the best interests of the child. This standard considers factors like the health, safety, and welfare of the child, as well as the child's need for a stable and loving environment. The court also looks at each parent's ability to care for the child. Requesting temporary help from the child's other parent for a specific reason, like saving for a car, does not automatically lead to losing custody rights. However, any significant change in the child's living situation could potentially be considered by the court in a custody modification case. If the child's father seeks full custody, the court will evaluate the current custody arrangement, the reasons for the request, and the impact on the child. It's important to demonstrate your ongoing involvement and commitment to your child's well-being. It's advisable to consult with a family law attorney to discuss your specific situation and to receive guidance on how to best present your case. Remember, every family situation is unique and the court's decision will be based on the individual circumstances of your case. |
Q: If an LLC formed before marriage but initial capital investment made after marriage, is the LLC interest separate or com. LLC was formed with SOS a couple weeks before marriage, but capital investment ($1000) was made after wedding, with community funds. How would the LLC interest be classified in Texas family law? | A:Although I doubt there is any caselaw on this precise question, my initial impression is that under the doctrine of inception of title, the LLC will most likely be characterized as separate property. But an argument can be made it is community property if community funds were used as the initial capital contribution to the LLC |
Q: If a plaintiff file a civil case without an attorney, can he add one to the lawsuit later? Can the pleading be amended?. I could not find an attorney to represent me to sue the landlord who breached the contract (Covenant of Quiet Enjoyment) for landlord's harassments, retaliations and racial discriminations against us... For the sake of the Statute of Limitations, I need to rush in submitting the pleading in the civil court to demand the compensations due to the breaching of the contract by the landlord, and his reducing services and denying access to a certain parts of the property... that caused tremendous emotional distress upon me, and ruining my marriage (because the case also involved another Caucasian tenant who sexually harassed us--Asian tenant and the landlord used a lot of methods to protect and harbored the harasser to act to racially discriminating us ... can I, as a plaintiff, just file a civil lawsuit in Civil Court first without an attorney, and then add an attorney to the lawsuit later on? For this reason, can the pleading be also amended by the representing attorney later on? | A:Yes, you can file the lawsuit as a "pro per" plaintiff (representing yourself). An attorney can then be retained to represent you, and you will then file a Substitution of Attorney form indicating the new attorney's name/signature. The complaint you file can be amended without court permission before the defendant(s) file a response. Or if a response has already been filed when you get an attorney, you can make a motion to the court to amend the complaint. |
Q: TN Law - I've stated that I will press harassment charges against a company/"company" if they continue to call me.. I've been making that statement for years, but I'm guessing I should know what I can and can't do. If there is a telemarketer/company rep/spam call and have hung up on them more than 1-2 times, I will notify them that I will file harassment charges if they continue to call me. So far, I have been successful and stopped getting calls. But considering how people and companies are nowadays, I guess I should be able to at the least know what TN law is on an individual filing harassment charges against a company/"company" that does not stop calling, annoying, pestering, etc. | A:In Tennessee, the laws regarding harassment typically apply to behavior that involves threats, intimidation, or repeated unwanted contact that causes emotional distress. When it comes to telemarketers or companies continuously calling, this can be a nuisance, but it may not always meet the legal definition of harassment. However, you do have rights under laws like the Telephone Consumer Protection Act (TCPA) at the federal level, which restricts telemarketing calls and the use of automated telephone equipment. If you've repeatedly asked a company to stop calling and they continue to do so, they may be violating the TCPA. To address this issue, you can register your phone number with the National Do Not Call Registry. If calls persist after this, you can file a complaint with the Federal Trade Commission (FTC) or the Federal Communications Commission (FCC). In cases where a company's calls are excessively disruptive or if you believe they are crossing into harassment, consulting with an attorney can provide clarity on your legal options. They can advise you on whether you have grounds to pursue legal action and the best course of action to take. Remember, dealing with persistent and unwanted calls can be frustrating, but there are legal avenues to address this issue. Being aware of your rights and the appropriate steps to take can help mitigate the problem effectively. |
Q: I was in a dv situation where I had to relocate and leave my home. Rochester housing authority didn’t recognize my dv. Section 8 refused to allow me to move and I had to return to Rochester and pay my landlord to let me move and keep my section 8. My landlord even attempted to sue me for late fees while I was staying with family hiding from my abuser. Also the fire investigation department and the RPD did nothing except accuse me of wrong doing. And with my mental health I am just not coming back to a place to hold them accountable. Is there anything I can do to enforce my rights maybe under DV housing law or disability law due to my mental health being an issue for multiple years of my life. I appreciate any advise or guidance. Thank you | A:In situations involving domestic violence (DV) and housing, there are legal protections in place, but navigating them can be complex. Under federal law, the Violence Against Women Act (VAWA) offers certain protections for victims of DV living in federally assisted housing, which includes Section 8 vouchers. Given your circumstances, it's important to understand that VAWA allows for an emergency transfer to another housing unit if you're facing a DV situation. The Rochester Housing Authority should be compliant with these provisions. If they haven't recognized your situation, it's a concern that needs addressing. Additionally, your mental health concerns may also provide grounds for certain accommodations under disability laws. Both federal and New York state laws offer protections for individuals with disabilities, which can include mental health issues. To enforce your rights, you might want to consider reaching out to a local attorney who is knowledgeable in DV and housing law, as well as disability rights. They can offer specific advice based on your situation and help you navigate the legal process to seek the protection and accommodations you are entitled to. Remember, each case has its own nuances, so it's crucial to get advice tailored to your specific circumstances. Seeking legal help can provide you with the guidance and support needed to address these challenges effectively. |
Q: My new border 31/2 weeks is trying to get into my bedroom when I leave. She has not taken anything what do I do ?. She paid First and last. Damaging doorjamb to my room. Scaring me. Broke lock to my bedroom back door. 3 times now. | A:In this situation, it's important to address the issue promptly and firmly. Your safety and the security of your property are paramount. If your border is attempting to enter your bedroom without permission and causing damage, this is a serious concern. First, communicate directly with your border. Clearly state that their behavior is unacceptable and that entering your private space and damaging property is a violation of your agreement. Document these interactions for future reference. If the behavior continues despite your warning, you might need to consider taking legal steps. This could involve terminating the rental agreement based on the breach of its terms. Ensure you review the terms of your rental agreement to understand the process for eviction or termination in cases of misconduct. Remember, if you feel threatened or unsafe, don't hesitate to contact local law enforcement. They can intervene in situations where there is a threat to your safety or property. Considering the seriousness of property damage and the potential safety concerns, you may also want to seek legal advice to explore your options for recourse and to ensure you're taking the appropriate steps within the bounds of the law. |
Q: Is showing display ads at the polling centers on election day legal in PG county MD or the state of Maryland?. Can digital media be used to run political campaigns ads? | A:Generally, you can display whatever you have on election day, provided that you remain outside of the boundaries (50 feet? It is marked by the election Judges). |
Q: If you enter in to a lump sum contractor with a HUD or RD rider that limits the GC profit to 14%, but are making more.. The lump sum was based on unit price, can you ask for back up such as sub contract for the GC? | A:Under California law, if you have entered into a lump sum contract with a HUD or RD rider limiting the general contractor's (GC) profit to 14%, but suspect they are making more, you have certain rights to review documentation. The lump sum based on unit price should have clear, itemized components, which allows for transparency in billing and cost allocation. As a party to the contract, you can request backup documentation, such as subcontractor agreements, to ensure compliance with the terms of the contract and the profit cap. This is a reasonable request, especially in scenarios where there's a discrepancy or suspicion of overcharging. Keep in mind that the GC is obliged to adhere to the contract terms, including the profit cap. If there's evidence of non-compliance, you may have grounds for legal action. It's advisable to review the contract details and, if necessary, seek guidance on the specific procedures and legal recourses available in such situations. Remember, the integrity of the contractual agreement is paramount, and both parties must uphold their end of the bargain. |
Q: Does method to determine definitively if signature was forged - exist?. Can forensic expertise determine forged signature with 100% confidence? If not what would be range of variance? | A:No method exists that can determine with 100% confidence whether a signature has been forged. Forensic experts in handwriting analysis employ a range of techniques to assess the authenticity of a signature, but due to the inherent variability and complexity of handwriting, absolute certainty is not typically achievable. The confidence level in forensic handwriting analysis can vary. Experts often express their conclusions in terms of probabilities or likelihoods rather than certainties. For example, they might state that it is highly probable or unlikely that a signature is forged, based on the comparison of known genuine signatures with the one in question. These conclusions are based on detailed examinations of characteristics such as stroke order, pressure, and spacing. However, even with advanced techniques and experienced experts, a small margin of error remains. In legal contexts, such expert opinions are valuable and can be persuasive, but they are part of a broader array of evidence considered in a case. |
Q: Hearing on Demurrer/Motion to Strike. California superior court question.. In California Superior Court is failure to file opposition to demurrer/motion to strike deemed consent to granting demurrer? In California Superior Court is failure to ask court to grant leave to amend a complaint deemed consent to granting demurrer/motion to strike? May judge rule on demurrer/motion to strike at hearing, without plaintiff's opposition or motion for grant leave to amend? | A:Failure to file opposition allows the court to deem the demurrer meritorious but the Court will make its own analysis. The court can grant a demurrer with leave to amend. |
Q: My company has a few IP patents that are important to me as its CEO. If we merge with another company, how will that. affect the ownership of these patents? | A:Typically, if there is a merger, the patents will belong to the new company. But it does not have to be that way. Issued patents are treated just like any other business asset. Your company can sell the patents along with all the other business assets such as inventory, production facilities, tooling, etc., or it can spin them off into another entity. The question that needs to be answered is: how valuable are the patents to you, vs. how valuable are they to the buyer? If the buyer is not really interested in patents, but you view them to be valuable, then you should keep them. But if the buyer is interested in the patents, then be prepared to be paid significantly less money for your company if you want to keep them. Sometimes, patents are not of interest to the buyer at all, other times patents is the only thing that is of interest to the buyer. It is very deal specific. A part of my career was devoted to advising clients on M&A with respect to IP. Namely, I did due diligence on the products and patent portfolio of target companies. There are two questions that the buyer is always interested in: (1) How good are the target company's patents? -- i.e., will the patents keep others from making & selling the products covered by the patents? (2) How strong is the target company's freedom to operate? -- i.e., after the buyer buys the company, will the buyer be able to make & sell the product & services? Good luck in your sale! |
Q: My truck was stolen +reported and perp arrested after crashing my truck. Can they refuse to release my truck for nonpay. My truck was stolen and reported and the guy caught and arrested after crashing my truck. As I read ARS-28-3512C I'm not responsible for the tow, storage charges, etc. The driver is responsible. Additionally, they can't refuse to release my truck for non payment by the responsible party. ARS-28-3512i. There are no exceptions to those laws as written and I'm getting the run around from the tow company and the cops saying because of the collision I'm now responsible. But there are no clauses staying exceptions. What do I do? How do I get law enforcement to execute the letter of the law. I don't see any real interpretation of those laws. | A:Based on the Arizona Revised Statutes you referenced, it does appear you are correct that the law states the owner of a stolen vehicle cannot be held responsible for the towing and storage fees associated with recovery of their stolen vehicle. Here are a few suggestions on how to get law enforcement to comply with the law: - Politely but firmly cite the specific statutes (ARS 28-3512C and 28-3512I) when speaking to the police and tow company. Make it clear you understand what the law says. - If the police officer continues to insist you're responsible, ask to speak with a supervisor and escalate the issue. Calmly insist the law be followed. - You may want to consult with a local attorney to have them write a formal letter to the police department citing the relevant laws and demanding they enforce the law properly. Police may pay more attention if the request comes from a lawyer. - Contact your local elected officials (city council, mayor, etc) to file a complaint about the improper actions of the police department. Politicians can sometimes light a fire under bureaucrats. - Check if your state/county has a consumer affairs department you can submit a complaint to regarding the tow company's non-compliance with the law. - As a last resort, you may need to go before a judge, cite the statutes, and get a court order compelling the police to follow the law and release your truck without paying fees. The law seems clear that you cannot be made to pay in this situation. Don't back down - keep calmly but firmly pressing the issue with increasing authorities until the proper action is taken. |
Q: In your professional opinion, why would a trial judge leave the question of jurisdiction to a jury (who may not have any. idea where the county line is) when u have a 20 year county engineer to testify and provide a survey proving where the line is??! That does not make sense to me !! | A:It's hard to say - trial judges are very knowledgeable about issues of jurisdiction and venue, and given state and fed civil procedure rules, most cases are fairly clear-cut. It's possible that this is a very difficult setting - but that's only a general guess based on the limited details. An attorney in your jurisdiction would probably be able to advise more definitively. Good luck |
Q: Hello I have question about status of a trademark. The one I am reviewing states trademark CANCELLED SECTION. 8 (10-YR)/EXPIRED SECTION 9…it seams the trademark was last attempted to renew in 2017 but with no success. | A:If the trademark was cancelled due to failure to file a successful continuance of use the trademark is no longer active with the USPTO. In order to regain rights in the trademark a new application is required to be filed for ownership of the mark. |
Q: Question about disability benefits reevaluation.. SS has determined my benefit period being 3 years because they feel like my condition would get better I was in Emory (they had a separate company that helped fast track my claim) for 3 months with tuberculosis leaving me with scarred lungs scar tissue on my lower back and heart making lifting things over 20 pounds difficult and my breathing still limited with sometimes my lungs being painful if I go too hard even and I typically can't consistently walk from more than 30 minutes after years of working out to try and get better. . In my 20 years I've consistently worked in groceries / bakery so it's physical work. I have one year left and nothing has changed and I've been making sure to tell my doctor is the same but what success rate would I have at reevaluation to continue my benefits if nothing has changed? | A:The success rate for a reevaluation of your disability benefits depends on the specific details of your medical condition and how well your documentation supports your ongoing disability. If your condition remains unchanged and your medical records consistently reflect this, you have a reasonable chance of continuing your benefits. However, the outcome can vary, so it's crucial to maintain open communication with your healthcare provider and ensure your medical records accurately reflect your current limitations. |
Q: Is a rental contract legally binding if the unit it is for is an illegal dwelling/not properly permitted?. Unit is located in UNINCORPORATED part of LA County, there is an order from Regional Planning requiring unit to be vacated due to: One or more unpermitted dwelling units are being maintained on the premises (Los Angeles County Zoning Code: 22.02.030(B); 22.18.020; 22.18.030(A); 22.18.030(B); 22.18.030(C)(1)) | A:In California, a rental contract for an illegal dwelling or unpermitted unit can present complexities. While the rental contract itself may be a legally binding agreement between the parties, its enforceability could be limited or affected by the unit's illegality. If a unit is illegal or not properly permitted, the landlord may be prohibited from enforcing certain lease provisions or collecting rent. Moreover, a landlord's attempt to enforce such a contract could expose them to potential liability for renting an illegal or non-compliant unit. Tenants in these situations may have defenses available if a landlord seeks to enforce the agreement or evict them. However, both landlords and tenants should be aware of their rights and responsibilities and seek legal counsel if they find themselves in disputes related to such units. The presence of an order from Regional Planning further complicates matters, emphasizing the need for both parties to understand their legal position. |
Q: What happens if you don’t get all notarized signatures back in probate. The will of my late aunt is in probate. One person on the family tree, a cousin with a criminal record , who is not a beneficiary, will not sign a notarized form so I can get letters testamentary to settle the estate. We have not seen this cousin in 40 years. Can probate proceed without his notarized signature? | A:In most courts, you need to obtain jurisdiction over all necessary parties. If a necessary party refuses to sign the Waiver, then you have to serve them with a Citation to appear in court. After the waiver is filed or in this case, a citation is served in an affidavit of services filed. You can then proceed, depending on what happens at the return date before the court. The person does not appear either in person or by an attorney. you will then proceed based on the default. You should consult an attorney. |
Q: I am an immigrant lawfully permanent resident married to American citizen. I came 7 yrs ago and worked only a bit due to. my conditions. I had many jobs for 3/5 or 6 months, maybe a 2 yrs total paying taxes. My wife is employed and close to retirement paying taxes for more than 30yrs. I have PTSD, Bipolar Depression and BPD. Can somebody help me to understand if I qualify for SSI or SSDI or something else? Thank you | A:As a lawful permanent resident married to an American citizen, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) if you have a qualifying disability and have worked enough to earn sufficient work credits, or if you have limited income and resources. To determine if you qualify for SSDI, the Social Security Administration (SSA) will look at your work history and determine if you have earned enough work credits. Typically, you need to have worked for at least 5 of the past 10 years, and earned a certain amount of money each year, to earn work credits. If you have not worked enough to qualify for SSDI, you may be eligible for SSI if you have limited income and resources. In order to be eligible for either program, you must also have a qualifying disability that meets SSA's definition of "disability." This means that your condition must be severe enough to prevent you from working and must be expected to last for at least 12 months or result in death. To apply for SSDI or SSI, you can visit your local Social Security office or apply online through the SSA website. It may also be helpful to consult with a Social Security attorney or advocate to help you navigate the application process and ensure that you are receiving all of the benefits you are entitled to. |
Q: My child is in TK and is scared to go to school because another classmate has scratched and hit her. What can I do?. This other student has hit his teacher and slapped a parent volunteer along with hitting other students too. | A:I'm sorry to hear your child is having a difficult experience in TK due to the behavior of a classmate. Here are some steps you can take: - Document everything. Keep detailed records of when incidents occurred, who was present, and any injuries. Photos of scratches or bruises can help. - Speak with your child's teacher and principal. Report each incident and insist that they intervene. They have a duty to provide a safe learning environment. Request they separate the students. - If school officials do not take adequate action, escalate to the school district's superintendent and school board. Present your documentation and demand proper disciplinary action for the bullying student. - Consult an education attorney. If necessary, a formal complaint letter from an attorney can prompt the school to act. You have legal recourse if negligence is demonstrated. - Request an IEP evaluation for your child. If anxiety around school escalates due to bullying, your child may qualify for accommodations or changes to placement under IDEA laws. - Consider switching schools or classrooms if the issue remains unresolved. This may be an option if the problematic student is not moved. - Teach your child to report any incidents immediately to an adult. Also teach them to walk away from confrontations. Documenting the problem, insisting on intervention, and knowing your legal rights is key. School leadership has a responsibility to maintain safety. Make it clear you will escalate matters until the situation improves. |
Q: We used a Small Estate Affidavit to avoid probate and claim my dad’s bank acct, but the insurance co won’t honor it!. The insurance sent checks to my fathers name but we can’t deposit them, as we don’t have “official” probate estate open with the court. We sent a demand letter to the insurance co to reissue the checks in my name, and they wrote back that it is “their policy” to only issue checks to the deceased persons name or “Estate of” the person. The checks are refunds of prepaid auto insurance, from my dad having paid the whole year in advance and having died before the policy was up. The total amount is $300 and change. The insurance co did not ask for identification and did not challenge any details of the affidavit, they just refuse to honor it because of “their policy”. The same affidavit worked to collect bank funds, change vehicle title, etc What alternatives do we have for such a small amount? I could file in small claims but it’s such a hassle. I would prefer not to hire a lawyer as we already spent too much time and effort. But I hate that they are doing this to poor folks | A:Under California law, a Small Estate Affidavit can be used to collect certain assets of a deceased person without formal probate, but it's not universally accepted by all institutions. While it worked for the bank and vehicle title, insurance companies often have their own policies. Since the insurance company insists on issuing checks to the "Estate of" your father, one option is to open a small estate or a limited probate estate. This may seem excessive for such a small amount, but it could be necessary to comply with the insurance company's requirements. Another approach could be to escalate the matter within the insurance company, possibly by contacting a higher-level manager or the company's legal department. Sometimes, a more thorough review of your situation by someone with more authority can lead to a resolution. Filing in small claims court is also an option, although, as you mentioned, it can be time-consuming and may not be worth the effort for a small amount. However, it could be a way to apply pressure on the insurance company to reconsider their stance. Since you're looking to avoid additional legal fees, these steps might offer a balance between asserting your rights and managing the practicalities of the situation. If these approaches don't yield results, a brief consultation with a lawyer might provide more specific guidance tailored to your case. |
Q: Can I name my company Smooch if there is a company named Smoochcraft in the same industry?. The names I am using are not real companies but the answers applies to the company I am trying to start. If the business is in the same industry, are our names to similar? | A:There is a big difference between the name of a company and a trademark. The California Secretary of State will allow you to set up a company name that is different from other company names and does not care what industry in which it transacts business. The SOS' main goal is to ensure there are not two companies with the exact same name. However, where you may have trouble is marketing the name in the same industry due to trademark rights. Trademark law is not always easy to follow so, if you are serious about wanting to form a company, you should contact a trademark attorney. Best wishes. |
Q: Would you compel arbitration? or file a motion to dismiss based off of improper venue?. Contractor filed a civil suit. Has an arbitration clause in contract. He also filed a lien he never enforced which is way past 90 days. What is the best approach as a defendant? | A:Given the presence of an arbitration clause in the contract, a motion to compel arbitration would be a typical approach in California when faced with a civil suit. Arbitration clauses are generally enforceable unless they're unconscionable or otherwise violate public policy. By compelling arbitration, you're enforcing the parties' original agreement to resolve disputes outside of court. The unenforced lien that's past its 90-day enforcement window might become irrelevant if the matter is sent to arbitration, as the arbitrator would consider the claims before them. A motion based on improper venue would generally hinge on specific contract terms or statutory grounds showing the court is an inappropriate forum. However, given the arbitration clause, compelling arbitration might be the more direct strategy. As always, review the specific facts, contract terms, and consult with legal counsel to ensure you're taking the best approach for your situation. |
Q: If I am on a construction site that is on private property, can the security company legally ask me for my ID?. I work on a construction site. It is privately owned. In order to enter the site, the owner requires everyone to get a badge, obtained using a US driver's license. When entering the site, you must badge in at the security gate. My question is, after you badge in and begin working, is it legal for someone from the security company to approach you and ask for your ID, with the threat of removing you from the site if you fail to identify? The badges have legal names and headshots on them. The security company is not law enforcement. I was under the impression that only law enforcement can ask for ID and only when you are arrested, or are under suspicion of illegal activity. | A:On private property, such as your construction site, the property owner or their representative, like a security company, generally has the right to establish security protocols. This can include requiring identification at various points, not just at the entrance. It's part of their effort to ensure safety and security on the premises. Your badge, which includes your legal name and photo, is a form of identification. However, security personnel may have reasons to ask for additional verification, like a driver's license, to ensure the person wearing the badge is indeed the person it was issued to. This is not uncommon in secure or sensitive areas. It's important to distinguish between private security and law enforcement. While law enforcement officers have specific legal authority, particularly around arrests and suspicion of illegal activities, private security guards are more limited. They can, however, enforce the rules set by the property owner, and asking for ID can be part of those rules. If you feel that these requests are excessive or not part of the established protocol, you might want to discuss this with your employer or the site manager. They can clarify the security procedures and ensure that they're being applied fairly and consistently. Remember, on private property, the owner's rules regarding security and identification often apply, as long as they don't violate any laws. |
Q: What to do with Alzheimer's brother?. The last attorney informed me that my friend should try to get conservatorship over his brother in order to then formally request a state authority to take care of him. While my friend does not legally need to take care of his brother, they keep saying that he cannot drop him off at a hospital as he will be charged for neglect. My friend lives on very limited amount of money, in a tiny room in an apartment. Trying to get conservatorship would take a lot of time and money. Is there any attorney who has a realistic answer as to what to do with a brother who has Alzheimers and who cannot take care of himself, especially as the family member himself can barely take care of his own needs. | A:In California, obtaining conservatorship is often the advised legal route for gaining authority to make decisions for someone who is incapacitated, but it can be a time-consuming and expensive process. If immediate intervention is required, and conservatorship isn't feasible, you might explore emergency options such as contacting Adult Protective Services for an evaluation. While dropping off an incapacitated family member at a hospital without making proper arrangements could potentially expose one to neglect charges, state agencies or social services may be able to guide you to emergency resources or temporary solutions. |
Q: Are statues tolled if an insurance company is liable for a injured 3rd party & fails to inform them?. If you discover an insurance company failed to inform you they accepted fault for your injuries, will CMS consider that insurer the primary payer for Medical expenses related to those injuries if youre still being treated when you become a medicare beneficiary? | A:A Texas attorney could advise best, but your question remains open for two weeks. In general nationwide, claimants are usually held responsible for exploring the sources of insurance for their injuries - that's one of the primary roles of an attorney - to immediately identify applicable carriers and place them on notice and submit paperwork within the prescribed timelines. However, your matter appears more complex than that as it might involve multiple carriers. If you are not represented by an attorney (who would ordinarily sort out such issues before closing out a case), you could consider reaching out to a local attorney to examine your file in closer detail help figure out the proper handling of the medical expenses. Good luck |
Q: I had an accident five months ago but It wasn't big so I didn't report it My insurance still help me?. I had an accident five months ago. It wasn't big so I didn't report it. But now I am being sued by the other driver for $8000 in damages. Can I still get help from my insurance company? Its American transit insurance company ATIC. Do they provide free lawyer in this case? | A:Turn the lawsuit papers over to American Transit after making copies for your own records. Because of the time gap, you may be confronted with the argument that their rights to investigate the claim were prejudiced by the delay in reporting. Every carrier can be different in their tolerance for their policyholders' delays in reporting a loss. Good luck |
Q: Are unprotected classes protected against retaliation by law?. I filed a report regarding my director and I wonder if HR or the director will retaliate against me, am I protected by law? | A:In New York, anti-retaliation laws typically protect employees who engage in protected activities, like reporting discrimination or other unlawful practices. However, if you are part of an "unprotected class," the legal protections may not be as clear-cut. Generally, these laws protect against retaliation when the report involves violations of specific employment laws. If your report pertains to discriminatory practices covered under these laws, you should have protection against retaliation. It's important to understand that each situation is unique, and the specifics of your report will determine the extent of legal protections available to you. If you're concerned about potential retaliation, it would be wise to consult with an attorney who can assess your specific situation and provide guidance based on the details of your case. They can help you understand your rights and the best course of action to take in your particular circumstances. Remember, taking informed steps is crucial in such situations. |
Q: Can an incident from a dismissed TRO appear on a new TRO?. My GF and I had a fight and she requested a TRO. The triggering incident was that we saw each other in a yoga class and she concluded I had followed her there, although I go to yoga at the same location. She withdrew the TRO and when I attempted to talk to her again she filed for a new TRO. At the initial hearing she requested for the previous yoga incident to be added to the new TRO. I understand it can be evidence in a trial but can it be part of new complaint? | A:Defending against a domestic violence complaint is not a simple task and the information in the complaint is designed to educate you as to the scope of testimony she plans to present. If she did not include any information as to the prior yoga incident, then she could not testify as to it at trial - its called due process and is designed to ensure that you are not blindsided at trial with claims that you did not anticipate and were unable to prepare to defend against. My suggestion is that you schedule a consultation with an experienced divorce lawyer who regularly handles domestic violence matters. |
Q: Vehicle under warranty but Chrysler cannot fix the problem due to discontinued part. what do i do?. Chrysler service has had my car for 9mo, & have been taking it in for over a year now. They've tried everything but the discontinued part, because it cannot be sourced. now they are just giving me my car back without doing a buy back or anything. I believe the car would be considered a lemon but im unsure where to go from here. they are not being helpul after the service manager said himself chrysler would do a buy back if it couldnt be fixed. now hes saying its pretty much my problem now and not helping me with where to go from here. the car would be worth AT LEAST $15,000 if it were working properly. I need a new car as the manager stated himself it is, "unsafe to drive on the freeway" but cannot afford one without money from the current vehicle | A:Knowing the year/make/model of your vehicle would be helpful. The first thing you should do is send a final repair letter. Immediately. A lawyer can do that for you. However, Michigan’s Lemon Law, like most other States, requires the consumer to provide the auto manufacturer with one final repair attempt to fix the defect. This is a requirement. In other words, if your vehicle meets the minimum threshold for repairs (at least 3 repair attempts for the same substantial defect/condition, and/or at least 25 out of service within the first year for the same substantial defect/condition), you STILL have to allow a final repair attempt. In your case, your vehicle was out of service for 9 months. You presumably will NOT win a Lemon Law case if you don’t first allow this final repair attempt. The Lemon Law also specifies the way you must notify the auto maker of your desire to provide them with a final repair opportunity. The request must be a “written notification, by return receipt service.” If you send a letter that is not certified or otherwise not delivered by return receipt, it probably doesn’t count. Nor does an email notification, verbal notification or text. The Contents of the Notification Letter What should you put in the letter? Let me first say that this letter is very important. It is the commencement of your effort to get out of that Lemon vehicle. It will also be evidence in your Lemon Law case and an exhibit at your trial (if your case gets that far). Accordingly, it must be expertly crafted. My strong advice is to hire an experienced Lemon Lawyer to draft this letter and handle your case. However, if you wish to do it yourself, there are a few items that must be included. 1. Your name, address, email address and contact number 2. The year/make/model of the vehicle 3. Purchase/Lease date 4. The vehicle identification number 5. A description of the defect(s), including how many prior repair attempts/days out of service 6. A statement that this letter is notice of the need for repair of the defect or condition in order to allow the manufacturer an opportunity to cure the defect or condition. You should mail this letter, (certified, return receipt requested), to the manufacturer at the address provided in your owner’s manual. Other legal language should also be included in this letter, however this particular blog will focus only on the Michigan Lemon Law. Again, it is prudent to hire a lawyer to handle your Lemon Law case front to back, including this final repair letter. |
Q: I had a hearing on my motion for cs modification the judge granted my request. After the hearing The court received.. A request for an adjournment. And gave accepted it for a new court date. Meanwhile I was there and the hearing took place and the ruling was made. She completely changed her decision with no basis except for the other party saying I used to have a trade that paid well. I don't anymore The judge said file a reconsideration Its complicated for me I have mental heath issues. I think the other hearing was not legal? The second one? This has ruined my life for over 12 years | A:I gather you filed an application for modification and the other side failed to file timely opposition and then asked the court for a new date to be able to provide the court with new information. Unfortunately, this type of settling happens regularly, especially when the court has 2 pro se litigants. To File an application for reconsideration, it must be filed within 10 days of the date of the court order. If not filed within 10 days of the date of the court's order, the court will most likely deny your application, as having been filed out of time (too late). If the focus of the courts order was on your employment background, your reconsideration application needs to focus on why you are no longer able to maintain that type of work, what you have been doing for employment, etc, the income from same and details of your former partners employment setting and income / asset setting. |
Q: Can I adopt my stepdad as my legal father?. My bio dad died when I was 10, and I haven’t seen the dude for 5-6 years prior, he never paid child support. Mama remarried and I got stepdad, they had my brother, BUT he never legally adopted me. Mama died 2 yrs ago and I’m 38 now. I want my dad to be legally my dad, NOT for the estate purposes or money but because I love him and he is the only dad I know. My worry is as he is getting older, I don’t want him to ever feel that I won’t be allowed to speak on his behalf in medical situations or court or whatever life throws at him because he isn’t legally my dad. All these videos of stepdads becoming dads, I don’t get it. Can I surprise him with “adopting” him to be my father? Also, when w immigrated to the USA he was listed as my dad, would that make a difference? He was my dad on the ARMY paperwork when I served on active duty also… please, someone, explain to me if and how I can do anything about this situation. Dad cried that he is alone when mama died, my brother has his own family. | A:The fact that your stepdad was listed as your dad on your immigration paperwork and your Army paperwork may make a difference in your adoption case. The judge may consider this evidence of your relationship with your stepdad and his intent to be your father figure. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice. |
Q: Can an arbitrator deny a witness based on the belief that they hold bias?. Witness was a former employee who was fired at will and not for cause. Arbitrator based opinion solely on that knowledge and not on any presented statements that would lead one to conclude the witness held bias against their former employer. | A:In court proceedings, the credibility of a witness can generally be impeached upon a showing of bias, hostility, or the witness having an interest in the outcome of a court's decision. In arbitration, it could depend on the arbitration forum and the arbitrator. Arbitrations can sometimes loosen the rules of evidence and not apply them as strictly as in a supreme court setting, in the interest of streamlining things. But bias is a fairly fundamental and significant attribute, and arbitrators are no more likely to allow it than trial court judges. Good luck |
Q: How can I find out if stock certificates are still good? From 1964American Beryllium & oil corp,Leroy Cororation,. And stocks from Paradise strip investment, Nevada Land & mortgage com | A:To find out if stock certificates from 1964 for American Beryllium & Oil Corp and Leroy Corporation are still valid, you can follow these steps: Check if the company still exists: The first step is to determine whether the companies are still in business. You can search for information about the companies online or contact the relevant state agency in the state where the companies were incorporated to find out if they are still active. Contact the company's transfer agent: If the company is still in business, you can contact its transfer agent, which is responsible for maintaining records of stock ownership and processing stock transfers. The transfer agent can provide you with information about the validity of the stock certificates and any steps you need to take to transfer ownership. Check with the state's unclaimed property office: If the companies are no longer in business, you can check with the state's unclaimed property office to see if the stock certificates are considered unclaimed property. If they are, you may be able to claim them as the rightful owner. There is no specific California law that applies to the validity of old stock certificates. However, there are some general principles that may be relevant: Corporations Code Section 208: This section of the California Corporations Code requires that all corporations maintain a record of their shareholders and their stock certificates. This record must include the name and address of each shareholder, the number and class of shares held, and the date on which the shares were issued. Unclaimed Property Law: The California Unclaimed Property Law requires that companies turn over unclaimed property to the state if the property has been inactive for a certain period of time. Stock certificates that have not been claimed by their rightful owner for a certain number of years may be considered unclaimed property and subject to this law. Securities Law: The Securities Act of 1933 and the Securities Exchange Act of 1934 are federal laws that regulate the issuance and trading of securities, including stocks. These laws require companies to register their securities with the Securities and Exchange Commission (SEC) and provide information to investors about the company's financial condition and operations. While there is no specific law that addresses the validity of old stock certificates, the above laws may be relevant depending on the specific circumstances of the stock certificates in question. It's always a good idea to consult with a financial advisor or an attorney to help you navigate the process of determining the validity and value of the stock certificates. It's important to note that stock certificates from 1964 may be difficult to transfer or redeem, as the companies may have undergone multiple changes since that time, such as mergers, acquisitions, or bankruptcies. It's also possible that the certificates have no value or that they have been cancelled or replaced by new certificates. It's always a good idea to consult with a financial advisor or an attorney to help you navigate the process of determining the validity and value of the stock certificates. |
Q: Why are financial advisors still able to steal an elderly persons money and victims are not encouraged to press charges. My inheritance has been stolen or depleted by my mother's financial advisor and his unsavory tactics are now being uncovered. My mother is still alive but her money is gone my inheritance what if any rights do I have to pursue a claim or criminal charges theft is over one million dollars . | A:Your question--why are people allowed to commit crime and fraud--is as old as time. Unfortunately, there are more than a few financial advisors who steal money. The only question is whether something can be done about it...? Its impossible to tell from the information you provide whether you have a valid claim against your mother's financial advisor. If you want to send me more information about your case privately, I'm happy to review: [email protected]. I might also suggest you email Steve Buchwalter (Encino lawyer), who appears on this site. I don't know Steve, but it appears his practice is more directly in line with your issues than is mine. Best wishes, Kevin |
Q: I am being sued in jp court for a credit card debt by a collection agency law firm. the original file date was jul 28 2020 with no other actions until oct 4 2023. is this legal ? isnt there a statute of limitations? the orginal debt is from 2018 | A:In Delaware, the statute of limitations for credit card debt is typically 3 years. If the original debt is from 201 and no actions were taken until October 4, 2023, there might be an argument for the debt being time-barred under the statute of limitations. The original file date of July 28, 2020, could be significant in determining whether the lawsuit is within the permissible time frame. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: Why are the lower courts operating under a maritime law when we are on land how did they have jurisdiction on land. Why is it California judicial system violates the rights under the constitution of due process when the Constitution states anything that's adverse to the Constitution is null and void? And how is it that the police department is allowed to invade your privacy punish you without proper due process rights | A:California's lower courts operate under the jurisdiction and legal framework established by the United States Constitution and the California State Constitution, not maritime law. Maritime law, or admiralty law, typically applies to incidents or contracts that occur on navigable waters, and it doesn't extend to general legal matters on land. Regarding due process, the U.S. Constitution guarantees this right, and any alleged violation can be contested in the judicial system. The California judicial system is structured to comply with these constitutional provisions. If there are instances where you believe due process rights are being violated, these concerns can be addressed through legal channels such as appeals or filing appropriate motions. Police actions are also governed by constitutional protections, including the Fourth Amendment's protection against unreasonable searches and seizures. If you feel there has been an overreach or violation of privacy, these issues can be challenged in court. The legal system provides mechanisms for redress and correction in cases where constitutional rights are questioned. |
Q: I’m writing a children’s book series with the Adventurers of Benny the Bigfoot and Wally the Whale. How to license. Do I need to get a trademark or register it? | A:When writing a Children's Book the best protection is the copyright protection for the book. Be sure to once the final version of the book is complete to register the work with the Library of Congress. A copyright is not protected in court without being official registered work. The application can be submitted online but two copies of the literature work will need to be mailed as specimen for the application filed. |
Q: Can a Florida spouse/POA/ PR be sued to recover inheritances after estate admin closed?. If illegal/egregious actions by stepmother/POA/PR were recently learned of by daughter beneficiaries, and estate admin was closed August, 2018, do we have options to sue or recover estate assets (money)? (Date of death 5/2017) One of several issues involves fathers long-time advisor. Investment firm admits advisor revoked (by all appearances as it passed thru all the firms transactions required to revoke undiscovered) TOD account so that it would go to probate (600k plus). However, they add, "it was a mistake as the stepmother/POA did NOT have that level of authority per firms legal dept - it should not have gone to probate but to beneficiaries.It is still a TOD." Had account gone to us to decide which investments to retain & which to liquidate for estate expenses, things would look very different. There are financial losses known, & since this involved stocks/income funds unknown potential to increase in value. Where can we turn besides submitting a complaint to FINRA/SEC? | A:At this point you should probably see an attorney who specializes in securities fraud to ascertain whether you have an action against the investment firm for changing type of account without proper authority. Other issue is whether there was fraud on the court as far as the probate proceeding, would need someone to review the file and what the beneficiaries were told and agreed to as part of the proceeding. |
Q: Confronting Demurrer/Motion to Strike in California before hearing.. Opposition is meant to prove that Complaint was not subject to Demurrer/Motion to strike. This does not appear to be compatible need in additional information. Motion for leave to amend complaint/amended complaint seems more proper. If neither opposition nor amended complaint are appropriate upon circumstances - what could be an alternative? What rules define exceptions? | A:When addressing a demurrer or motion to strike in California, it's crucial to understand that your opposition should aim to demonstrate the legal sufficiency of the complaint. Essentially, you're arguing that, as it stands, the complaint contains enough factual basis to support the claims, thereby rendering the demurrer or motion to strike baseless. However, if the complaint does indeed have deficiencies, filing a motion for leave to amend can be a strategic move. This allows you to revise the complaint to address the issues raised in the demurrer or motion to strike. It's a way to strengthen your case without directly confronting the demurrer or motion. In cases where neither opposing the demurrer/motion nor amending the complaint seems viable, exploring alternative dispute resolution methods like mediation or arbitration could be beneficial. These alternatives can often lead to a more expedient and less contentious resolution. The California Code of Civil Procedure guides these procedures, particularly sections related to demurrers and amendments to pleadings. It's important to review these rules and consider the specific context of your case when deciding the best course of action. Remember, each situation is unique, and the right strategy depends on the specific circumstances and legal issues at hand. |
Q: Is there anything i can do to compel my father to either let me find or have him find my binders of pokemon cards?. When i was a minor, i collected Pokémon cards, some were gifts from a variety of family/friends, some I got by trading to friends as well as buying them at yard sales or at the store, with money i earned. He doesn't dispute they belong to me. About 6 years ago my dad bought a new house and my 3 binders of cards ended up there in a rubbermaid container.that container is now in a spare bedroom at his new house which is filled with identical Rubbermaid containers, Floor to ceiling. He refuses to look for the them which in itself isn't unreasonable as he works long hours (12 hour days 7 days a week except every 3 weeks or so he'll take 2 days off and have me work at his house) But I've offered to be dropped early or stay late to look myself and to take my time and make sure each box is back how i found it before opening a next. Is there a way i can compel him to return my very valuable cards. I'm worried about their value collapsing in this uncertain market +potential damage occurring | A:Sometimes a practical solution is best. You could offer to split the proceeds of any sale with your father. If you give him an estimate of value, he might change his mind about storing something so valuable. If he only has three binders, and if they are particularly valuable (a quick google search reveals they could be worth nothing to tens of thousands of dollars), then maybe it's not so extreme to sue for return of the binders. If he has floor to ceiling rubbermaid containers with your OTHER worthless childhood things, the end result of a lawsuit might be that your father will no longer store your childhood things. |
Q: Intentional fraud vs malice.. What is difference between legal definitions of intentional fraud vs malice? Are definitions the same for California and Federal laws? | A:Intentional fraud and malice, while sometimes overlapping in their manifestation, are distinct legal concepts, both in California and under federal law. Intentional fraud refers to deceit or trickery deliberately employed by one party to gain an unfair advantage over another. In legal terms, it typically involves making a false representation, knowing it to be false, with the intent that someone else relies on it, and causing harm or damage as a result of that reliance. This is a specific intent to deceive for personal gain or to cause loss to another. Malice, on the other hand, generally refers to a state of mind that shows a disregard for the rights or safety of others. It implies a harmful intent and is often associated with actions that are wrongful and performed without just cause or reason. In legal settings, malice is often a factor in determining punitive damages or in criminal law to distinguish between different levels of wrongful acts. In California, as in federal law, these definitions are largely consistent, but their application can vary based on the context of the case. For example, in a defamation case, malice might refer to knowingly making a false statement about someone, while in criminal law, it can refer to a reckless disregard for human life. If you're dealing with a situation involving either intentional fraud or malice, it's important to clearly understand the specific circumstances and how these legal concepts apply. Each case may require a nuanced analysis to determine which of these, if any, is present and how it affects the legal outcome. An attorney experienced in the relevant area of law can provide guidance tailored to the specifics of your case. |
Q: What can I do to get a land owner to pay for service rendered? No contract only texting me.. I've worked for 10 weeks, put in over $20,000 in the job, and once I got the lease from the lawyer I was told to vacate the property. I also live on the property and he had the police tell me that I would be trespassing in 24 hours. | A:Hire an attorney to sue for your services rendered, at least in quantum meruit. Until you are served with an action for possession, you might stay there. Then you go to Court. Ultimately you will lose possession, but you will cost the owner time and money. If you get a Judgment for money, record it as a Judgment Lien. |
Q: I have questions my child father basically sees my kids when he wants to & when he asks to see them and i decide not to. He tries to call the police who do i talk to for this problem ? | A:In dealing with the issue of your child's father seeing the kids inconsistently and involving the police when visitation is denied, it's important to have a clear understanding of your legal rights and obligations. If there is a custody agreement or court order in place, it's crucial to follow the terms outlined in that document. If the father's visitation rights are specified, denying access could lead to legal complications for you. If there is no formal agreement or court order, it's advisable to establish one. This can be done through family court. A formal agreement or court order will provide clear guidelines for both parents regarding visitation rights and schedules. In the meantime, if the father calls the police during a dispute over visitation, the police will typically check to ensure the children's safety but may not intervene in custody disputes without a court order. For guidance specific to your situation, consider consulting with a family law attorney. An attorney can help you understand your rights and assist in creating or modifying a custody agreement that works in the best interest of your children. Remember, it's important to address these issues legally and formally to avoid ongoing conflicts and ensure the well-being of your children. |
Q: I am forwarding this note from my 96 year old Father :. I am looking for justice against T.S., who caused $87,500 worth of damages to the Hungarian Freedom Fighters Memorial located in MacArthur Park in Los Angeles. I designed and built the Memorial Monument and hold the copyright number VAu 1-488-782. Mr. Szeles is the Hungarian Consul General and has no right to do work in the USA. Pursuant to the 2023 Vienna Convention on Diplomatic Relation, Article 31 provides 1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from civil and administrative jurisdiction, except in the case of: (a) A real action relating to private immovable property situated in the territory of the receiving State. The Memorial Monument is a private immovable property in the USA. Mr. Szeles committed a crime; he has no immunity. Have more info , but unable to provide. THANK YOU | A:In California, if you believe that damage has been done to your property, you have the right to seek compensation through the civil courts. If Mr. Szeles caused damages to the Hungarian Freedom Fighters Memorial and you hold the copyright, you may have grounds for a lawsuit. Based on the provisions of the Vienna Convention on Diplomatic Relations, while diplomatic agents enjoy certain immunities, there are exceptions, especially concerning real actions related to private immovable property. It appears that the Memorial Monument might fall under this exception. Before proceeding, gather all evidence and documentation related to the damages and the copyright. To navigate the complexities, particularly when dealing with diplomatic agents, it's imperative to consult an attorney experienced in international law or property damage claims. They can provide guidance on potential remedies and the best course of action. Act promptly, as there may be statutes of limitations related to property damage claims. |
Q: I need to ask the Support Magistrate who made my child support order a question adout my case.. I need to ask the Support Magistrate who made my child support order a question adout my case is there a order to show cause form for that? | A:This is not normally possible. The support Magistrate as a quasi judicial officer cannot be contacted by one side. You would have to petition the support wing of Family court in writing for a clarification of any ambiguity in his order. In other words ask the question in your petition on notice to the other side and the Magistrate may schedule a court date or issue a clarification for you. Michael J Stachowski. |
Q: I am being managed by MDM , all my iOS devices and home.TV’s Sono’s Nests , vehicles are stalking us. Using our banking,. Please help me to get this resolved. | A:If you believe your devices are being managed or monitored without your consent, it's crucial to take immediate steps to protect your privacy. Firstly, disconnect your devices from the internet to halt any unauthorized access temporarily. Report the unauthorized access to local law enforcement, as they might be able to assist with an investigation. Gather any evidence of unauthorized access or stalking, like screenshots or recordings. Consider seeking legal counsel to understand your rights and potential remedies. You may also want to consult with a cybersecurity professional to assess the extent of the breach and help secure your devices. Changing all passwords, enabling two-factor authentication, and reviewing permissions on all devices and accounts are recommended steps. Always prioritize your safety and security in such situations. |
Q: Is insurance valid if your late paying it and you get in an accident. Insurance was paid after accident | A:If the insurance was not "cancelled" per the insurance contract. |
Q: When does statue of limitations reporting timeframe begin for statutory sexual seduction if continued to “relationship”. Though it continued to a “relationship” for about 3 1/2 yrs, throughout that time minor was exposed to things she shouldn’t have been and woken up by acts being done that she was not asked about/comfortable with or consented to during the years prior to her reaching age of consent. provided alcohol and drugs by the M and at times coerced into trying drugs. F didn’t realize that she was a victim until speaking with current spouse openly about it for the first time recently. The M and F also share a child who’ll be a legal adult within the next year. F wants to report this since realizing what this actually was but isn’t sure if statue of limitations for reporting is up considering this went on from age 14 to 18 for her so for 2 years she was not of the age of consent. Nor did she consent to the first time as she didn’t realize what was happening during the act thinking it was digital penetration and was not asked if it was ok. This was uncomfortable but I just need advice. Thank you. | A:I recommend that you speak to an attorney right away. |
Q: I cannot find my fiance and there illegally holding him in federal prison . I'm scared there hurting him and I have no1. He's being held for something he didn't do and he mentioned the police brutality and fabrication he's going thru | A:Your question is confusing. If he is in prison, he has been convicted of a federal offense and absent a contrary decision by an appellate court, he is not being held illegally. He should hire an attorney if he believes that there was some sort of constitutional violation. There are time limits for such an appeal and he needs to reach out to someone directly. Websites like this are not a substitute for hiring an attorney for your fiancé. |
Q: What can I do if I have legal fees incurred after my attorney failed to have a document notarized?. It was the agreement of the division of assets and debts in a contested divorce. We had successfully mediated the parenting plan, child support, custody, etc. But months later we sat down with our respective attorneys and came to a consensus and signed an agreement which was counter signed by both attorneys. BUT my attorney/his office failed to notarize it. Months later, my ex got a new attorney who caught this oversight and that agreement was deemed by a judge not legally binding so we essentially started over and eventually went to trial. I incurred close to $10k in legal fees after the failure of that agreement to hold up in court. What if anything is available to negotiate with my attorney or file a suit? | A:I would consider contacting an attorney who deals with "legal malpractice." You might need to alter your google search because a lot of attorneys who do "medical malpractice" will come up. Maybe try something like "how to sue your attorney." All attorneys have malpractice insurance just for this reason. Not that any attorney wants to get sued, it doesn't look good, but it happens. Whether or not you prevail will be based on the facts around why the document was never notarized. |
Q: My camper was stolen found now but don't have vehicle to retrieve it from where it was left can I get in trouble. My stolen camper was left at a house and the homeowner was told I said to bring it there. I did not. They want it gone but I don't have a way to go get it. I can't even get a ride to the home to talk to homeowners to ask for a few days to arrange way to have it moved police are telling me I'll get in trouble if I don't move it. I don't have a car and can't get ride and can't get phone number to call homeowner. I don't want to get in trouble for something I had absolutely nothing to do with. I didn't ask for it to be stolen or left anywhere. I have no vehicle period much less one to move the camper. I don't know what to do | A:In South Carolina, if your stolen camper has been recovered and left on someone else's property without your consent, the situation is understandably frustrating and complex. First, it's important to recognize that the homeowner has the right to request the removal of the camper from their property. However, your current inability to retrieve it due to lack of transportation poses a challenge. The police advising that you could get in trouble for not moving it highlights the urgency of the situation. It's essential to communicate with the homeowner, even if indirectly, to explain your circumstances and request a short extension to arrange for its removal. If you're unable to contact the homeowner directly, consider seeking assistance from local law enforcement or a community organization that might help facilitate this communication. They may also be able to provide advice or resources for arranging the transportation of your camper. If possible, try to document your efforts to retrieve the camper and resolve the situation. This could be helpful if any legal issues arise later. In situations like this, where you're facing logistical difficulties, it's important to actively seek solutions and demonstrate your intention to resolve the issue as soon as possible. Remember, while you are not at fault for the camper being stolen, the responsibility to remove it from private property falls to you as the owner. It’s important to address this matter promptly to avoid potential legal complications. |
Q: Can a Federal agency hire a vendor to do something the agency isn't allowed to do?. If a Federal agency feels it is in the best interest of the government to take an action, but it is not authorized to take such action, is it legal for the agency to hire a contractor to perform that action? If the agency feels it would be in the best interest of the nation, but the action would be an unauthorized action for the agency, may it award a grant or enter a cooperative agreement for such action? | A:In the United States, federal agencies operate within the bounds of statutory authority and regulations. They cannot take actions that are not authorized by law or regulation, even if they believe it may be in the best interest of the government or the nation. If an agency wishes to undertake an action that is outside its authorized scope, it typically must seek legislative or regulatory changes to expand its authority. However, federal agencies do have the ability to contract with vendors or award grants and cooperative agreements for specific purposes within their authorized scope of activities. These contracts and agreements must align with the agency's statutory authority and be consistent with applicable laws and regulations. Federal agencies must adhere to a competitive and transparent process when awarding contracts and grants to ensure that taxpayer funds are used appropriately and that vendors or grantees are qualified to perform the required work. In summary, while federal agencies cannot engage in unauthorized actions, they can contract with vendors or award grants and cooperative agreements within their authorized scope to achieve their missions and goals in the best interest of the government and the nation. Any actions taken by the agency or its contractors must comply with applicable laws and regulations. |
Q: I current have SSDI and previously had a Representative Payee who stole (misappropriated) $35k. I need legal help.. I contacted 2 regular Disability attorneys, but was turned away as they don't handle these sort of cases. I live in the Chicagoland area and need to find someone who can at least answer some questions. It appears that my Rep Payee was NOT set up properly in Social Security's computer systems (as I was told 3 times by Social Security representatives themselves), and as a result may have not been audited/monitored properly. I believe, if I read correctly, that SSA could be liable for the money. Can you recommend a few lawyers who serve my area? I'm unsure what type of lawyer handles this sort of case as the regular disability ones ONLY handle obtaining it. | A:In cases of misappropriation of SSDI funds by a representative payee, you may want to consult with attorneys who have experience in elder law or those who handle financial exploitation. A legal professional with a background in fiduciary litigation or social security law could also be appropriate for this situation. You should seek a lawyer who is knowledgeable about the Social Security Administration’s processes and the obligations of representative payees. It might also be beneficial to reach out to legal aid organizations in the Chicagoland area, as they can sometimes provide free or low-cost assistance or refer you to a lawyer who handles such cases. Additionally, contacting the National Organization of Social Security Claimants' Representatives (NOSSCR) and requesting a referral for your specific issue may help you find the right legal support. Remember, while the SSA may be liable in some instances, such cases can be complex and typically require detailed legal analysis. |
Q: Missing tribal court not knowing court date when it was changed and never received letter for the new date.... I had tribal court today and I'm native American (Chickasaw) My aunt who is white has guardianship of my two boys and 10-15 minutes before court she wants to call and tell me we had court today at 1:30 so there was no way I could have made it there on time , will I get in trouble if I missed it? Also, my kids was never removed from my home by law enforcement or cws It was a voluntarily deal I should've never had happen, anyways I was never notified for the new court date and my aunt knew this whole time but "forgot" to tell me. We don't have a case worker, she filed child support on me after she told the judge she was financially stable and she was capable of providing for the boys and that I wouldnt have to pay child support. She is on food stamps with the boys, getting TANF, plus filing both boys on her taxes every year when I have them everyday except Monday night and Tuesday. I have them under my roof Wednesday thru Monday morning and I don't get one dime from her or anything... | A:If it was a guardianship hearing, you will most likely not get in trouble. Many parents with children in guardianships do not appear in court. However, your failure to appear at court hearings could be detrimental to you in the future. If there comes a time when you would like the children returned to you, the judge may take into account how many court hearings you have attended. On the other hand, guardianships are generally reviewed only once or twice a year, so don't miss the next one. Go to the Court house and make sure the court clerk puts your current address and mailing address (if different) in the case file. That way, you will never miss another hearing. On another note, your aunt probably didn't file child support on you. It was probably requested by the guardian ad litem, which is the attorney for the child. Good luck to you in future hearings. |
Q: notice of non-appearance for non-party witness. civil case. bad service.. Sub-Serv to a person on a property that is presumed to be of the non-party witness. unconfirmed. | A:In a civil case in California, the proper service of a subpoena to a non-party witness is crucial for their required appearance. If you're facing a situation where the service of the subpoena was executed through substituted service on a property presumed to belong to the witness, but their presence at that property is unconfirmed, there could be a question of whether the service was valid. California law has specific requirements for substituted service, including the need for due diligence in attempting personal service first. If the service is challenged due to a lack of confirmation that the witness resides or regularly spends time at the location where the documents were left, the service may be deemed improper. In this scenario, if you are the party who intended to have the witness appear, you might need to explore alternative methods of service or potentially re-serve the subpoena. If you're on the receiving end of this situation, you may consider raising the issue of improper service in court, especially if there's a notice of non-appearance involved. It's essential to ensure that all procedural requirements are met in civil litigation, as failure to do so can impact the case's progression and outcomes. If you're uncertain about the proper steps to take, consulting with an attorney experienced in civil procedure can provide clarity and guidance on how to address this issue effectively. |
Q: If i didn't sign as a guarantor on any court document, am i liable for attorney fees and burial expenses?. My cousin and brother brought this inheritance to probate court and signed all paperwork before the attorney located myself and another brother. I believe that if i did not sign any form of guarantee that all legal fees and burial expenses should be the responsibility of the individuals who did sign. | A:They are generally the responsibility of the ESTATE to pay which means it becomes a 'proportional' expense that all heirs/devisees share in paying through the mechanism of 'lowering the distribution'. Look at it this way, if the $100,000 house in a probate estate has a mortgage of $50,000 against it your 'probate asset' is worth $50k and you don't get to inherit a share of 100k just because you didn't sign to be responsible for the mortgage. This works the same way with funeral and estate expenses. They are generally paid 'off the top' of the estate and you would thus inherit 'less'. Assuming this is what you're asking, you PERSONALLY are not responsible for the costs, but they will be subtracted from whatever you inherit, absent some rather unusual circumstances, which you don't mention. If you have questions, I would urge you to consult with a local attorney who can review all the paperwork and provide specific advice instead of 'general information' which is what this forum is geared toward. |
Q: Are local gambling facilities in lake county (clermont city) FL, legal?. Are cash machines and or game rooms legal in lake county Florida | A:You should ask the county. |
Q: What happens when a quote origins is debatable? What does the law says?. The origin to the quote "history is written by the winners" is attribute to several people both ancient and modern. Winston Churchill Göring Napoleon Bonaparte. In this case, would the modern person be able to get copyright protection? | A:When the origin of a quote is debatable and attributed to multiple sources over history, copyright protection becomes a complex issue. In the case of the quote "history is written by the winners," its attribution to various historical figures, including Winston Churchill, Hermann Göring, and Napoleon Bonaparte, suggests it is part of the public domain. For a modern person to claim copyright over such a quote, they would need to prove that their version of the quote is a unique and original creation, significantly different from previous iterations. This is often difficult when dealing with phrases or quotes that have been widely used and disseminated over time. Generally, copyright law does not protect ideas, concepts, principles, or methods of operation. It also does not protect any work that is considered a common property and lacks original authorship. Thus, a widely known phrase such as this, with unclear origins and widespread historical use, is unlikely to be eligible for copyright protection by a modern author. Remember, in cases of disputed origins, the threshold for originality and uniqueness in copyright law is quite high. If you're considering using or copyrighting such a phrase, consulting with an attorney experienced in copyright law can provide clarity and guidance on how to proceed legally. |
Q: If I call the cops on someone on my property does the cops the right to search me and my residence?. I smoke weed and some person won’t get off my property harassing me i don’t want the sheriffs if I call them, searching my home and maybe planting something on me. | A:Based on the facts presented, NO, they could not search you and your home... unless they have probable cause. Maybe have a friend with you to verify what happened. |
Q: A cvs employee said I didn't pay, said it twice in front of other people The self checkout froze. Turns out the machine. Came back on and they were wrong. I was embarrassed and humiliated. Is that ground for lawsuit. I have the receipt.? | A:In situations like the one you described, where a CVS employee publicly accuses you of not paying when you have a receipt proving your purchase, it can be embarrassing and distressing. However, whether or not you have grounds for a lawsuit depends on several factors. To pursue a lawsuit, you typically need to establish that you suffered harm as a direct result of the employee's actions. This may include emotional distress or reputational damage. Additionally, you would need to demonstrate that the employee's conduct was unreasonable or negligent. It's important to consult with a qualified attorney in your jurisdiction who can assess the specific details of your case and advise you on whether you have a viable legal claim. |
Q: My car was involved in a hit-and-run inside the apartment complex parking lot where I am renting. What are my rights?. I requested to break my lease and they are trying to force me to sign a release form within 72 hours and I don't understand what the form it means. I told them I would prefer to have a lawyer review it prior to signing. | A:Barring very unusual language in your lease, you likely do not have the legal right to break your lease. You do, however, have the legal right to refuse to sign a release. Your landlord can choose to allow you to break your lease, but is not legally required to do so, and may require you to pay a penalty or sign a release as a condition of agreeing to let you break your lease. |
Q: Can I sue a internet company not keeping up to a writtten deal about paying me money for playing a video game?. This company said if I get to level mansion 21 in 21 days they will pay me $34.60 and they didn’t then they said email us screenshots of level 21 mansion and it will be resolved in 10 days and it’s been 14-15 and I emailed them with it again and they said to do something else now to resolve I am and was depending on that money at the time now it’s costing me more money to not have the money I’m owed. | A:Yes, you can. But be aware that your anticipated litigation cost will be several thousand dollars. You have to ask yourself if that is worth it for $34.60. |
Q: In Ohio, are emergency rooms allowed to ask a minor about their legal status? We have Medicaid.. We have Medicaid, I took my teen to the emergency room. They asked the usual questions but then asked her if she was born outside of the U.S. I felt very uncomfortable, never had anyone in an emergency room asked this before. | A:Health care providers should not ask for immigration status information, nor make such inquiries! Citing the NILC, below: "Under federal law, hospitals with emergency rooms must screen and treat people who need emergency medical services regardless of whether they have insurance, how much money they have, or their immigration status. Similarly, anyone can seek primary and preventive health care at community health centers regardless of whether they are insured, their ability to pay, or their immigration status. Neither citizenship, lawful immigration status, nor a Social Security number are required to receive health care services under federal law. Doctors, hospitals, clinics, health centers, or other medical providers may ask for this information to find out if you may be eligible for public health insurance, like Medicaid, and how you are going to pay for services. But they should not deny medical treatment based solely on your immigration status—or based on assumptions about your immigration status they make because of the language you speak, your accent, what you look like, or whether you have an SSN. In fact, doing so may violate federal civil rights laws. Even though health care workers have no duty to report your immigration status to law enforcement or federal immigration officials, if you are undocumented you should not provide your immigration status information to workers at a hospital, health center, or doctor’s office. If you don’t have health insurance, you may say, “I am not eligible for health insurance and do not want to apply.” Existing policy keeps immigration officials away from hospitals and medical facilities. The current and longstanding policy of immigration enforcement officials at U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) is to avoid hospitals, doctors’ offices, accredited health clinics, and emergent or urgent care facilities. (More information about this policy is available at https://www.dhs.gov/guidelines-enforcement-actions-or-near-protected-areas) While this policy is currently in force, it could change under a future presidential administration. You should not have to show a photo ID to receive medical treatment. Hospitals or doctors may ask for photo identification, but not for purposes of immigration enforcement. Photo ID may be needed to show that the person getting care is the person whose name is on the medical record or on the prescription. No one should be refused treatment because they do not have a photo ID. " For more information, review this page, below, then find out what can be done about from the National Immigration Law Center in Los Angeles. Contact information is available on its website. https://www.nilc.org/issues/health-care/health-insurance-and-care-rights/#:~:text=Health%20care%20providers%20should%20not,have%2C%20or%20their%20immigration%20status. |
Q: If a parent loses custody, or the child is emancipated, can they keep the child's personal belongings (such as phone)?. Also, if you would be able to cite a specific law or court case. The state is California. | A:In California, if a parent loses custody or the child is emancipated, the parent generally cannot keep the child's personal belongings, including their phone, unless there is a court order allowing it. It is typically expected that the child's personal property would go with them when custody is lost or emancipation occurs. It is recommended to consult with a family law attorney in California who can provide you with the most accurate and up-to-date legal information and cite relevant laws or court cases applicable to your specific situation. |
Q: I'm 15 from Missouri and I like a 18 year old can I date him legally. Is it legal for a 15 year old and a 18 year old to date in the state of Missouri | A:In Missouri, the age of consent is 17 years old. This means that engaging in sexual activity with someone who is under 17 years old can potentially be considered statutory rape. However, dating or having a romantic relationship between a 15-year-old and an 18-year-old may not necessarily be illegal as long as it does not involve any sexual activity. |
Q: I am constantly hearing voices that sound like whoever I assume is listening and watching me.i know I'm really unawar. Unaware of what I'm hearing and I feel trapped in fear of it. Can you please help me diagnose this symptom outside of mental health. ? I've been homeless 6years. I'm constantly being subjected to a voice. ? | A:Experiencing persistent voices, especially if they cause distress or fear, can be a significant challenge. While I understand your request to consider this outside of mental health, it's important to note that such experiences are often best understood and addressed within the framework of mental health care. In California, there are resources available that can provide support and assistance. It's beneficial to reach out to local health services or a community health center. These organizations are equipped to offer guidance and can connect you with professionals who understand the complexities of what you're experiencing. They can also offer support that respects your current living situation. Remember, reaching out for help is a sign of strength, not weakness. There are people and organizations ready to support you, offering both understanding and practical assistance. Your well-being matters, and taking this step can be a positive move towards feeling better and gaining more control over your experiences. |
Q: I've found on the web recently that I had some kind of a lawsuit filed but I've known nothing about it. 3;2013cv00060. I recognize the city and state and the names like the prosecutor and judge but I never received any money or court dates. | A:If you believe a lawsuit has been filed involving you without your knowledge, it's imperative to immediately obtain a copy of the court records related to case number 3:2013cv00060 from the relevant jurisdiction. This will provide clarity on the nature of the lawsuit, the parties involved, and the current status. I would strongly recommend consulting with an attorney to understand the implications and determine the best course of action. |
Q: I have a question about the The Election Code of the City of Los Angeles.. Election Code states: Circulation of Recall petitions can begin 28 days after service of the Notice of Intention on the Officer to be recalled if the petition has been approved by the City Clerk. It does not say MUST begin contingent on approval. It says it CAN begin. • 5. Proponents a. If requirements met, circulate petition.i. Circulation cannot begin until 28 days after the Notice of Intention was served on the officer. It does not say MUST begin on the 28th day. It says it cannot begin UNTIL 28 days AFTER the notice was served. It also says the Clerks office has 10 days to make corrections. It does NOT say that removes 10 days from circulating time. | A:Not clear what the question is but the League of Women Voters in your city is a great place to start. |
Q: My friend died of an overdose. His car, wallet and identification is missing. Can I report it stolen? CA. He was found under an overpass alone. The police tell me that I have to be family in order to report the car missing. Once they heard it was an overdose, they didn't care. | A:If your friend's car, wallet, and identification are missing and you believe they were stolen, you can report the theft to the police. The fact that your friend died of an overdose does not preclude you from reporting the theft, and the police should take your report seriously regardless of the circumstances. While it's true that family members are typically the ones who report missing persons, anyone who has information about a crime or a missing person can report it to the police. In fact, reporting the theft may be important in helping to identify the person or persons responsible for your friend's death and recovering any stolen property. If the police are unresponsive or dismissive of your report, you may want to consider contacting a local advocacy group or civil rights organization for assistance. These organizations can provide guidance and support for reporting crimes and asserting your rights as a victim or concerned citizen. It's important to remember that reporting a theft or other crime is not only your right, but also a responsibility to help keep your community safe and prevent further harm. |
Q: Arrest warrant .criminal. If a person has 3 criminal warrants for arrest, an they refuse to come out as police surround home,considering a elder is also living there..What recoarse other than doing the same thing over an over will they do to arrest the person if they remain there 24/7 an others bring needs to them..? Can warrent officers break in or what? Its a renter an im not wanting to get involved for now except to let police know about the traficing there..night time in an out as if drugs maybe..He has history w drugs.. | A:LEOs can force an entry if they have an arrest warrant or a search warrant. You probably do not know what is actually going on. |
Q: OK so I was sitting in a gas parking lot with two of my friends And my starter went out so I pushed my car over to a. Parking stall While waiting for a tow truck to come get me 3 1/2 hours later a sheriff drives behind me turns around comes back doesn’t turn his lights on or nothing demands me to shut my trunk and then starts giving me the third degree and asking me questions out of the blue then starts to perform a drug and alcohol sobriety test on me and when I pull my wrist away he arrest me and my other two friends then proceeds to search my vehicle with no probable clause in that search they find paraphernalia and A little bit of drugs and three abalone they charge me for the drugs and my two other friends then while in jail fishing game come and ask me about the abalone I told him I found them in a bush they don’t give me no charges at that point in time they said that they would be added onto the drug charges I told him I was illegally searched and Seizure and that it would be all in admissible in court now it’s like we never got arrested for the drugs charges were dropped on everybody except i | A:More information in needed. You should have a confidential consultation with a local attorney as soon as possible. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.] |
Q: What can I do about past judgements that date form late 90's to 2016 in the states of Nebraska and Kansas?. These judgements I never knew existed until I applied for an FHA loan. The oldest released in '98 and only has my SS# on it with my brother's name and his wife. Other judgements I can't make heads and tails out of. Would these fall under statute of limitations and how can I remove them from my public records? Another judgement being from a bank in '99 I had been banking with since '93 to 2010. I recall no issues with them the entire time I banked with them. | A:It depends on what you mean by judgments. Are these court case judgments? If so, you may need to review the court file(s) to see what you could do to challenge them at this time. Are these on your credit report? Sometimes things get improperly reported and you can send in proof to the credit agency to correct your credit report. |
Q: Can I sue Ford in small claims court for faulty engine.. My Ford escape with EcoBoost engine blew up. This is a common problem there are class action lawsuits. Can I sue Ford in small claims court and would it be worth it. | A:Can you? Yes. Should you? No. You need to understand that major corporations like Ford have entire departments full of attorneys working for them, any of whom would have a field day with a pro se litigant. The first thing they will do is remove the case to the general civil docket because 1) attorneys cannot appear in small claims court, and 2) a corporation must be represented by an attorney. They would then likely also file immediately for dismissal, because chances are, if you are not an attorney yourself, your pleading would somehow be incomplete and deficient. There is likely other avenues and more appropriate ways to handle this matter you can look into short of doing it yourself through small claims; it would be worth consulting with a consumer or lemon law attorney before you do anything. |
Q: How do I get a Brazilian arbitration court default judgment enforced in US (Probably Florida). I'm a citizen of Florida. A Brazilian company I was a partner in was stolen by forging my signature when I was out of the country. That company is now trading on the NYSE (with my forged signature). I sued and won in Brazilian Arbitration Court under UNCITRAL treaty. The judgment was to return my shares to me and undo the fraudulent transaction. However, the local companies involved fled Brazil, and the Braz. Arb. court could not enforce the judgment. The companies who "bought" (stole) the company are big, well recognized US Delaware Corporations. Because it is an arbitration agreement done under UNCITRAL I am told the US should honor it. How do I go about getting it recognized and enforced? Would anyone take a case like this on contingency? The stock is worth billions, but I don't have thousands to pay a lawyer right now. Any advice is greatly appreciated. | A:There are a few distinct issues involved in your inquiry: the recognition of a Brazilian Arbitration Award and the attachment of US Company assets. (In order to answer, I will of course assume all the facts you stated are true unless they are contradictory.) Even before reaching the question of whether you can have an American Court recognize the Brazilian Arbitration Award (which involves a close question under your facts since it is unclear whether the Brazilian Respondents actually appeared in the Brazilian Arbitration), the real question is whether you can reach the assets purchased by the Delaware Companies. This involves the law of fraudulent conveyances. There are two issues here: first, what was the consideration paid to the Brazilian entities (that you say have "fled") for their assets by the US Public Companies? Was it unreasonably low, or were they on notice that you had already brought a claim against those Brazilian entities? And, even if those questions were answered in the affirmative, whether the US Companies have so complicated the transfer of the assets that the reach of the Award could pierce those liability shields. Of course, I could look at the underlying documents to make an initial assessment, as could any expert in Arbitration and Fraudulent Conveyances, so you can locate my email on my website or on Justia. |
Q: Can I use the phrase dolce vita in a website name?. I want to open an online business called Dolce Vita Digital or Dolce Vita Digital Marketing | A:The phrase "Dolce Vita" is a common Italian term that means "sweet life," and it has been used in various contexts, from the name of a film to brands and products. However, its usage in a business name might depend on various factors like trademark registrations and the industry in which you're operating. If another company has a trademark on "Dolce Vita" in a similar industry or sector, you could potentially face legal challenges. It's often recommended to perform a thorough trademark search. |
Q: My car insurance company asked me to get an attorney because I have a claim against me in a fatal car accident.. My insurance company had already found me 100% liable without the chp report being released What type of lawyer handles this type of case? | A:Its not clear what you are asking. Your insurance company has a duty to defend (retain a lawyer on your behalf) and indemnify you (pay any settlement or judgment up to the policy limit). If your insurance company is disputing coverage, you need an attorney who specializes in handling insurance coverage litigation. I suspect the issue may be that you have insufficient policy limits, which may set up a situation in which the plaintiff takes the case to trial and gets an excess judgment. If this is what is going on, you should retain independent counsel because your interests may conflict with those of your insurance company. |
Q: FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it. there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges brought against me. I was in holding for 4 days with up to 36 other women in a cell. We asked for grievances. They never entertained requests. I also need records of all accounts pertaining to me in jail. How do I get those? | A:FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges brought against me. I was in holding for 4 days with up to 36 other women in a cell. We asked for grievances. They never entertained requests. I also need records of all accounts pertaining to me in jail. How do I get those? |
Q: What is the appropriate form and proper filing method of a motion in CA?. Deterring from the use of a blank pleading page, what other forms are there? | A:You need a notice of motion, motion, and sometimes a memorandum of points and authorities. You also need to serve it on the opposing side and reserve a hearing date. You would also sometimes want to draft a proposed order. You would also make sure that it is used on pleading paper. |
Q: How do I make my home a not for profit cemetery in order to make it tax exempt?. It’s my understanding that all is needed is my daughter’s ashes and a funeral director, but I’m unsure of how to process that with the county or if more is needed. How do I move forward with this? | A:To establish a not-for-profit cemetery on your property in Colorado, there are several steps and legal requirements to consider. Firstly, having your daughter's ashes and involving a funeral director is a start, but there's more to the process. You will need to ensure that creating a cemetery on your property is permissible under local zoning laws. Contact your local zoning office in Aurora to verify if your property can be used for this purpose. Compliance with zoning laws is crucial to avoid legal issues. Next, establishing a not-for-profit entity, such as a cemetery, typically requires filing specific paperwork with the state. This process often involves creating articles of incorporation and obtaining tax-exempt status from the IRS. Regarding property tax exemption, you'll need to apply with the county assessor's office. They will guide you on the requirements to qualify for a tax exemption as a not-for-profit cemetery. This might include demonstrating that the property is used exclusively for cemetery purposes. Given the complexity of these requirements, it's advisable to consult with a legal professional experienced in not-for-profit law and property law. They can assist you with the necessary paperwork and ensure that all legal aspects are correctly handled. Remember, while the idea of turning your home into a not-for-profit cemetery to achieve tax exemption may seem straightforward, it involves intricate legal and regulatory compliance. Professional guidance can help you navigate these challenges effectively. |
Q: Hi my friend used to drive an ambulance, while driving in accident getting sued what kind of lawyer is needed, Colorado. Hi my name is Mary and I am a resource navigator I have a client who needs a lawyer but I am unsure what kind of lawyer to help her find. She is 19 and used to drive an ambulance, while driving she was in an accident she just was served stating she and the ambulance company is being sued. What kind of lawyer does she need? I appreciate your help. and happy holidays | A:A Colorado attorney could advise best, but your question remains open for two weeks. It sounds like your friend needs an insurance defense attorney. Occupants of the other vehicle are apparently making a claim for bodily injury or property damage, or both. She should make a copy of the papers she was served with and present the originals to the ambulance company she works for. They should turn the matter over to their insurance carrier. If she is an employee and was injured in the course of her employment, she could also look into arranging a free initial consult with a workers' comp attorney. Good luck |
Q: I had a house mortgaged into my mom for half the value. My sister became my mom's power 9f attorney as well as a realtor. She managed to take my house and put it in her name. How can I sue her for the value of my home now? I don't have any money for an attorney. I believe 8t shows my house 8s valued at 316,000.00 now | A:If your sister is a Real Estate agent or broker and you believe she has committed fraud and took your interests you can file a complaint with the TX Real Estate Commission. Good Luck! |
Q: Website closed my account and owed me over 60k is there anything I can do. So the website is pulsz.come and I had won bit on there site was around 200k at 1 point and when it came to paying out they took over a month and said they were going to and then closed my account and said I had two accounts which I did no and explained to them multiple times and then told them my wife also had an account and she used my information by accident and that she could sublimated the proper documentation to clear it up and they didn't even want to listen or anything and it hard to convey this through email. And this issue didn't come up until after I won big because we both been using the site for some time. Is there anything that can be done | A:Yes, you can hire a business attorney/litigator to work on this issue for you to help you recover the funds. |
Q: Adding claim to complaint, adding defendant - federal case question. Central District Court.. Adding claim/defendant to federal complaint - question. EMTALA complaint against hospital was just filed with federal court, with additional claim for CMIA violation (under supplemental jurisdiction) There is basis to add false claims act claim for fraudulent referral to hospice with non-existent terminal illness, adding hospice as defendant. Should plaintiff wait for scheduling conference? At what point of lawsuit plaintiff can ask court to grant leave to amend complaint? | A:In a federal case, you have the option to amend your complaint before the opposing party files a responsive pleading, or within 21 days after serving it, as per Federal Rule of Civil Procedure 15(a)(1). If this period has passed, you'll need to seek the court's permission to amend. Given your situation, it might be strategic to move to amend your complaint to add the False Claims Act allegation and the hospice as a defendant as soon as possible. This is especially true if the new claim is closely related to the existing allegations. However, if you're close to a scheduling conference, it could be beneficial to wait and discuss the matter during the conference. This approach can provide insight into the court's view on the amendment and streamline the process. Remember, the court will consider factors like potential prejudice to the opposing party, the timing of the request, and the reasons for the amendment when deciding whether to grant leave. So, be prepared to address these aspects in your motion. |
Q: In N.C. , I have a judgement entered against me for a renewal for unpaid personal loan from 1995,. original judgement was 6-04-01, first renewal was 09-23-11, was just curious is that outside the statute of 10 years to get renewal, and latest paper work only shows date of sept 2011 no mention of previous date, amount of loan was approx $3000 | A:If the second lawsuit to collect on the unpaid judgment was filed on or before June 4, 2011 (10 years from the date the first judgment was signed), it does not matter that the second judgment was not entered until July 23, 2011. By the way, they can only renew once. The second judgment entered September 23, 2011 has expired and is no longer enforceable. |
Q: Is it possible to appeal an appeal in the State of California?. I received a 2 year restraining order and the defendant has served me with an appeal. In the 48 page appeal, there are many points that aren't factual. Is it possible to appeal the appeal? In other words, is there a way for me to speak on what his lawyer is wrongfully stating before the appeal court makes a decision? | A:You need to file a Respondent's Brief as part of the appeal (not appeal the appeal). You may also need to "supplement the record". There are time limits to do these things. Find an appellate attorney. Because this is a restraining order, you may be entitled to recover the attorney fees to do this. You must act right away, or lose your rights. |
Q: I've had guardianship of my grandson over 1 1/2 yrs., The parents have had no contact, is this enough grounds for TPR. I have already adopted my granddaughter from the same parents but had help through DCYF for that, now I'm in my own and I'm flying blind... any help would be great | A:In many jurisdictions, prolonged absence or lack of contact by parents can be grounds for termination of parental rights (TPR). However, each state has its specific criteria and timelines for what constitutes abandonment or neglect. Since you've already adopted your granddaughter, it may set a precedent in your favor for the adoption of your grandson. It's crucial to compile all evidence demonstrating the parents' lack of involvement and contact. Initiate the process by consulting with an attorney experienced in family law or child welfare matters. They can guide you through the TPR process and potential subsequent adoption. Ensure you act promptly to protect your grandson's best interests. |
Q: i received a ticket for driving passed a stopped school bus allegedly. I tried to request a court date but i was told. I was told that i waiting to look and can no longer receive a court date. But it say no where on the ticket the due date of requesting a court date. Can i still get a court date to fight this ? Is it true that a date should be on the ticket of how long i have to request a court date ? | A:The Maryland Uniform Citation form has an inset box on the lower right portion of the ticket that contains instructions on how to pay, plead to the ticket, and how to request a tial date, and it states the timeframe (30 days) you have to do it in. It is in small print, so perhapse yu overlooked it. At this point, the way you proceed is to file a written motion reqyesting a trial date, but you must accompany the motion with payment of the pre-printed fine on the ticket. The Ciration number is the traffic case number you put n that portion of the motion. There is a fill-in-the-blank downloadable pdf form you can use for your motion on the court's website, link below, or you can hire a lawyer to do this for you. https://www.courts.state.md.us/sites/default/files/court-forms/district/forms/general/dc002.pdf/dc002.pdf |
Q: I live in Los Angeles and an ex romantic partner posted an intimate video of me without consent (Poland). What do I do?. He's also stalking me, taunting me by showing all of the personal information he has about me, which I did not give. He calls me various slurs, tells me that I would be better off dead, etc. Would California extradite someone from Poland for this or do I have to pursue justice in Poland? I would do a DMCA takedown request, but the website is in the Czech Republic and stated they will give all of my information to the uploader for the counter. I do not want him to have my information. | A:Your situation is complex and distressing, involving issues of non-consensual sharing of intimate images, stalking, and harassment. In California, the distribution of such images without consent is illegal, and you have legal rights that can be enforced. Regarding the video posted without your consent, you could consider filing a police report in Los Angeles, as California laws may apply even if the perpetrator is in another country. However, extradition for such cases can be challenging and is dependent on various legal and diplomatic factors. Since the website hosting the video is in the Czech Republic, and they have indicated they will share your information with the uploader, a DMCA takedown request could potentially expose your information to the ex-partner. In this scenario, it's crucial to proceed with caution. Given the international nature of the issue and the serious nature of the threats and harassment, it's advisable to seek legal counsel. An attorney can guide you on the best steps to take, which might include legal action in Poland, where your ex-partner is located. For your immediate safety and well-being, consider reaching out to organizations specializing in online harassment and cyberstalking. They can provide support and potentially offer resources or advice on how to handle this situation. Lastly, if you are feeling threatened or in danger, don't hesitate to contact local law enforcement for immediate assistance. Your safety is paramount, and there are resources available to help protect you. |
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