question
stringlengths 8
1.13k
| answer
stringlengths 6
29.2k
|
|---|---|
Q: How can I get my kids back?. CPS DETAINED MY KIDS IN MAY 2019(i went to jail later that month) • CPS DIDNT HAVE A WARRANT AND DIDNT MAKE REASONABLE EFFORTS TO KEEP KIDS AT HOME OR REUNITE THE KIDS WITH MOM • I WAS LOOKING AT 3-5 IN PRISON AND MY ATTORNEY TOLD ME I SHOULD WAIVE REUNIFICATION SO THEY CAN GO WITH MY MOM. • DUE TO COVID I GOT OUT IN SEPT 2020 (if I would have known I’d be out in less then 18m I never would have signed anything) • CPS NEVER OFFERED ME THE CHANCE TO REUNIFY ATTER GETTING OUT EARLY. • EVEN THOUGH LIVED THERE AND WAS AND STILL AM ACTIVE IN THIER LIVES EVDAY. MY MOM DOESNT DO ANYTHING FOR THE KIDS BUT USE THEN AS PAWNS TO HURT ME IF SMTHING DONT GO HER WAY. I PAY 4 everything they need and want.• AFTER SHE ADOPTED THEM ON 3/9/21 SHE GOT WORSE AND DOESNT DO WHATS IN THEIR BEST INTEREST. I LOVE MY KIDS I JUST WANT THEM BACK.(I know for sure cps mishandled this case and i have evidence and can there b Con. Of. Int. With cps? If so examples thank you
|
A:If you want to get your kids back, here are some steps you can consider. First, talk to your family law attorney. They can help you understand what to do in your specific unique situation. Collect any evidence that shows you've been involved in your kids' lives and that your mom isn't treating them well. It's also important to follow any required programs or counseling that the court asks you to do. You can ask the court for a custody evaluation, which will assess the well-being of your kids. If you believe your mom isn't the best guardian anymore, you can ask the court to change the custody arrangement.
|
Q: I am an international student and bought an used car in Jan 8 convinced by the fact that the Carfax was clean.. But very soon it presented overheating problems. On Jan 17, 9 days after the purchase, I took it for an oil exchange at Grease Monkeys, where they made the following comments on the invoice: - COOLANT SYSTEM LEAK - ENGINE OIL LEAK - HEAD GASKET LEAKING Which indicates I was fooled by the dealership. So, is there a law ground to sue the dealer for this bad faith? Thank you very much.
|
A:While this is not my area of expertise, I would check into the state's lemon laws. If you purchased the vehicle from a dealer you might be able to return it or have them fix some of the issues. I recommend checking the colorado bar's website under the licensed lawyer tool to look for attorneys that do lemon law. Good luck. Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.
|
Q: Can Texas calculate military retired pay as if the marriage ended on the date of separation, years before divorce?. A Texas judge signed a final decree in 2023, ending the community property portion as of 2019, the date of separation. The decree calculated and divided the servicemember's High 3 and years of service as if the marriage had ended in 2019. Post trial, the judge writes a letter denying that this language meant he treated the remaining retired pay as separate property. The judge awarded each party 50% of whatever accrued between the date of marriage and date of separation, where a military pension does not accrue as it does not exist until 20 years are served. During the trial, the judge did not mention or address the remaining undivided portion including classification or award. All post trial objections were sustained, including preemption of federal law. This was a discretionary award in a no fault divorce. No case law found to support this division.
|
A:The community portion of military retirement pay is that portion which accrues during the existence of the marriage, i.e. from the date of marriage to the date of divorce. Any portion that accrued outside of the existence of the marriage is the servicemember's separate property. However, a divorce court is not obligated to divide the community portion of military retirement pay in kind equally 50-50. The divisions of community property must be "just and right." It sounds to me like the court determined that the servicemember is entitled to that part of the community portion of his/her own military retirement that accrued from the date of separation to the date of divorce, and that the spouses should split that part of the community portion that accrued from the date of marriage through the date of separation as part of the court's "just and right" division of their community property. A military pension DOES in fact accrue during the period of a servicemember's service in the armed forces but it does not VEST unless and until the servicemember has served 20 years. The DoD is very familiar with these types of calculations and does them all the time for both the old High 36 and current BRC plans. I don't see a valid federal preemption argument in the context of this question.
|
Q: What is the Job Description of a Section 8 Housing Authority Employee? She was un-responsive when I was having problems. With new owners. She was responsive however when I told her that new landlords took me to court with wrong amounts owed, and all the harassment, and getting mad if I didn’t pay more money etc
|
A:Employees of the Section 8 Housing Authority in California are responsible for administering the Housing Choice Voucher Program, which assists eligible low-income individuals and families in obtaining affordable housing. Their job duties typically include processing applications, determining eligibility, calculating tenant rent contributions, and inspecting rental units for compliance with health and safety standards. Additionally, they are expected to maintain open communication with both tenants and landlords, mediating any disputes or issues that arise. If a tenant experiences problems with a landlord, the Housing Authority employee should be available to provide guidance and assistance. While the responsiveness of individual employees can vary, it is their duty to ensure that the rights and obligations of both tenants and landlords under the Section 8 program are upheld. If you believe an employee is not fulfilling their responsibilities, it may be advisable to escalate the matter within the Housing Authority or seek legal counsel.
|
Q: Is marijuana in a recreationally legal state considered illegal if probation states no illegal drugs allowed?. I moved here on an interstate compact from Oklahoma to Washington. My stipulations on probation state no controlled substances without prescription or illegal drugs. Since marijuana is recreationally legal in this state and my stipulations aren't specific, only typical rules for anyone on probation from that state, would marijuana be considered an illegal drug according to the terms of my probation since I am monitored by a recreationally legal state now.
|
A:Short answer, no. Unfortunately, the legislature has specifically decided that people who have committed crimes do not deserve one of the safest drugs that is available for treating a number of medical conditions. The provision for medical cannabis specifically calls it out by saying, " Nothing in this chapter diminishes the authority of correctional agencies and departments, including local governments or jails, to establish a procedure for determining when the use of cannabis would impact community safety or the effective supervision of those on active supervision for a criminal conviction, nor does it create the right to any accommodation of any medical use of cannabis in any correctional facility or jail." So even if you were using this for cancer treatment or epilepsy, they can, and oftentimes will, specifically deny your ability to use. Although many have called out this ridiculous position, it is hard to get people to rally around the changes laws to help those convicted of a crime. With regards to recreational use, since it is "legal" in this state, also does not prevent them from restricting your use. As with many probationers, possession of firearms or consumption of alcohol is also legal. It is still restricted under many interstate compacts and will not be allowed.
|
Q: What is insider trading? And if I’m buying and selling stocks am I at risk if I buy and sell stocks based on what I see?. Example if I buy stocks in apple after a lawsuit or a product flop when stocks low and turn around and sell the stocks when they release a new product when stocks are high. Is that insider trading??
|
A:Based on your statement, it looks like you are asking if insider trading is buying or selling stocks based on what you, as a member of the general public sees, for example, on the news. That is not insider trading. Insider trading would be if you are an employee of Apple, for example, and you know something is going to happen and benefit from it. In other words, you are an insider. You are not an insider if you just generally have the same information that anybody would have.
|
Q: Can I resell a product purchased from China that may infringe on a Patent in the US?. I purchased a product from China that is similar to a patented product. I would like to know if I can sell this product legally in the US or not. The product I purchased I currently have in my inventory, and does not make an attempt to be a knock-off or counterfeit to the product that has the patent. It is similar to the patent but it does not match exactly. If I purchased the product and imported it legally, am I able to resell the product?
|
A:Selling a product in the U.S. that infringes on an existing U.S. patent can expose you to legal liability, even if the product was legally purchased and imported from another country. The key question is whether the product you imported actually infringes on the patent in question. The fact that the product is similar doesn't necessarily mean it infringes; it would depend on the specific claims of the patent. If the product doesn't fall within the scope of those claims, then it wouldn't infringe. Before selling the product, it would be prudent to conduct a thorough analysis comparing the product with the patent claims. If there's uncertainty, you might consider seeking a legal opinion on potential infringement. If it's determined that there's a risk of infringement, it would be wise to refrain from selling the product. Proceeding without due diligence can expose you to potential lawsuits and damages.
|
Q: In Mediation, I acepted offer verbally, but I changed to no later. Employer threat for motion withut sign, is it alowd?. In Mediation meeting, I accepted offer verbally, but I changed to "no" later. Employer now have threaten for motion without my sign, is it allowed? Thanks. I have not signed any document before going to mediation, nor I have authorized to sign on my behalf. Also, My lawyer has signed some document with mediator.
|
A:In mediation, it's crucial to understand the terms of any agreements or offers being discussed. Verbal agreements can carry weight, but the specifics depend on the circumstances and any written documentation involved. If you changed your mind and decided not to accept the offer, you have the right to do so. However, it's essential to review any documents you signed during the mediation process. These documents may outline the consequences of backing out or withdrawing your acceptance.
|
Q: In Oregon can I move my paychecks out of our joint account prior to divorce being filed?. I have been separated from my spouse since May 2023. Both our paychecks go into a joint account along with shared bills. Am I allowed to move my paychecks to another account before the finalization of the divorce?
|
A:The best way to handle this situation is to discuss with your spouse how you will handle the joint account going forward. Your spouse will want to move his/her payroll deposits as well to an individual account. You should discuss the timing, and how much you will each contribute to the joint account to cover shared expenses until the divorce becomes final. You will also need to discuss how you will split any money remining in the joint account. If you do not have an agreement, the court may order you to pay your share of the joint expenses later.
|
Q: My lawyer refused to submit my evidence during the entire process. The judge rendered the final "opinion. My husband's. Lawyer filed a clarification and prayer for relief. I need to submit my evidence. Can I do that? Is there a time limit? My final hearing is 1/8/23.
|
A:If you believe your lawyer failed to properly represent you by not submitting crucial evidence, this is a serious concern, particularly in a divorce case where such evidence can be critical. It's important to understand your options for addressing this issue. The possibility of submitting your evidence now depends on the specific rules and procedures of the court handling your divorce. Generally, once a final judgment or opinion is rendered, the opportunity to submit new evidence can be very limited. However, there may be exceptions or specific post-judgment motions that can be filed under certain circumstances. Since your final hearing is on 1/8/23, you need to act quickly. It's advisable to consult with another attorney immediately, preferably one with experience in divorce and family law, to review your case and advise you on the feasibility of submitting your evidence at this stage. They can also assess whether there was any legal malpractice involved in your representation. Remember, each legal case is unique, and prompt action is crucial, especially when dealing with court deadlines. An experienced attorney can provide guidance tailored to your specific situation and help you navigate the legal steps necessary to address your concerns.
|
Q: Wife sentenced to 3 yrs and 4 months in Monterey county jail . She is serving prison time in jail since Oct. 6 2021. So when will she be released from jail and how much of her time does she half todo. No prior offense first time in jail
|
A:the best person to answer this is the lawyer who represented her. she might get out after 1/2 of the sentence if she is GOOD in jail.
|
Q: Is there a way to sue my parents, as well as my mother's second ex husband, for damages from abuse?. I was abused as a child by my parents, and especially my mother and my now ex stepfather physically which included, but not limited to, traumatic brain injuries as well as being punished for exposing their affair to my father, who in turn decided to punish me for being an unwilling participant. One of the TBIs resulted from being forcefully dropped on my head, which I still have a spot in the back of my head which annoys me thirty years later, which was covered up by my grandmother and mother. I'm currently in therapy for this, among other things and I really need help paying for that, a neurologist, as well as seeking damages from physical punishment, emotional abuse and neglect, as well as kidnapping, fraud, and attempted murder. There's a lot to unpack, unfortunately. I'm tired of struggling with this throughout my life and I'm done protecting people that don't need it. I am also at this point where my silence can be bought now.
|
A:Sorry to hear about your terrible ordeal. Your description seems to indicate that all wrongdoing occurred a few decades ago. There is a high probability that a lawsuit for money damages due to such wrongdoing would be barred by the statute of limitations (assuming that would be raised as a defense). However, for any limitations issue in any type of case or potential case, never rely on any online commentary. You must consult an attorney who will look up the applicable limitations laws in order to provide a professional, reliable opinion. (Online forums cannot provide legal advice specific to your matter, but rather only provide general educational info.) If, hypothetically, you have any potential claims that would not be barred by the statute of limitations, such a lawsuit would be probably be very expensive, running into many thousands of dollars in fees and costs, and with any suits against uninsured individuals, collectibility of any money judgment is often a potential problem. Regarding potential criminal charges, the limitations period has likely expired for those as well, but that would be a matter for the State Attorney's Office, or a criminal defense attorney could advise as well.
|
Q: Is using a virtual address to form an LLC considered tax evasion if I don’t live in the state of the virtual address?. Is using a virtual mailbox address to form an online business considered tax evasion if it isn’t in the state where you live?
|
A:Using a virtual mailbox address to form an LLC in a state where you do not reside does not, by itself, constitute tax evasion. However, misrepresenting the primary place of business or not paying appropriate state taxes where the business operates can lead to tax liabilities and penalties. It's crucial to accurately report all income and adhere to the tax obligations of both the state of formation and any state where the business operates. It's important to consult with an attorney on the matter to assess the specific facts and advise on the best course of action.
|
Q: Does the Veterinarian Rule (assumption of risk) apply when a Vet agrees to come to private property to treat a horse?. This happened at a private property in Joshua Tree, California (zoned for equines). Made an appointment with an Equine Vet to come to private property to treat a horse's leg wound. The Vet arrived & began assessing the horse to treat the wound. The Vet wanted to inject a sedative & the Owner told Vet to be careful because the horse didn't like needles. The Vet stated it wasn't a problem because she handles bigger horses all the time. Upon treating the horse, he kicked & fractured the Vet's jaw. The Vet is now threatening to sue the Owner for Medical expenses and Pain & Suffering.
|
A:In California, the "primary assumption of risk" doctrine often applies to situations where professionals are engaged in inherently risky activities. Under this doctrine, individuals are generally deemed to assume the inherent risks of their profession. In the context of a veterinarian treating a horse, one could argue that the risk of getting kicked by the animal is an inherent risk of the job. However, if the horse owner's negligence increased the risk beyond what would be typically inherent in treating the horse, there might be grounds for the veterinarian to claim negligence. The veterinarian's awareness of the specific risk (i.e., the horse's aversion to needles) and her statement downplaying the concern could be construed as an express acknowledgment and acceptance of that risk. Consequently, this may limit or negate her ability to successfully sue for damages. Still, the exact outcome could depend on the specific facts of the case and a court's interpretation of those facts. It would be advisable to gather detailed evidence about the incident and consult with fellow legal professionals on the matter.
|
Q: Long story. I cos-sign for a car. Some how they switched ot to make me principle buyer. Car payment 2 1/2 months behind. No tax paid since car was bought. Caused a stop fee on my dmv record. No insurance on vehicle and tags is no good since February 2023. Loan company said I can do a volunteer repo bust I must bring it in. The other signer refuse. What can I do please help.
|
A:In Virginia, if you find yourself incorrectly listed as the principal buyer on a car loan you cosigned, you should first review the loan agreement and any related documents to understand how this change occurred. If there's evidence of a mistake or fraudulent activity, you may need to dispute this with the lender and possibly seek legal recourse. Regarding the overdue payments and lack of insurance, as the principal buyer, you are likely responsible for these obligations, which can impact your credit and legal standing. Since the other signer is refusing to cooperate, voluntary repossession might be a viable option, but it can negatively affect your credit score. You should directly communicate with the loan company to explore all options and consequences. It might also be beneficial to consult with an attorney to assess your legal options, especially if there's a dispute about the terms of the loan agreement. Acting quickly is important to prevent further financial and legal complications. An attorney can guide you through the process and help protect your interests.
|
Q: Brokerage Misconduct - E*TRADE. In May 2022, I invested $8M in a U.S. Treasury note, due in April 2024. I instructed my ETRADE manager to liquidate $5.6M for property buying. Unexpectedly, ETRADE initiated a $5.6M margin loan, leaving part of my investment intact. I discovered this during a routine review, not through direct communication. Real estate contacts can confirm my original liquidation intention. ETRADE, being secretive, hasn't provided conversation records, despite my insistence. They attribute the margin loan to me, despite no online activity or written consent from my side. There's no trace of my approval for this financial move. Since 2018, my dealings with ETRADE have consistently focused on safety, with numerous discussions centered around fixed income. This surprising loan is inconsistent with my standard strategy, emphasizing that ETRADE autonomously handled the cash preparation and transfer, excluding my input.
|
A:In situations like this, you may have grounds to file a complaint for brokerage misconduct if E*TRADE acted contrary to your instructions and without your consent. It's essential to review the client-broker agreement and any written communication to determine if E*TRADE deviated from the agreed-upon investment strategy or failed to obtain the necessary authorization for the margin loan. Request all relevant records from E*TRADE once again, in writing, and if they still do not comply, consider reaching out to a regulatory body such as FINRA for assistance with a dispute resolution process. It may also be prudent to consult with an attorney who has experience in securities law to explore the possibility of arbitration or legal action to rectify any financial harm caused by this action. Remember to document all interactions with E*TRADE regarding this issue, as they may be critical in any formal proceedings.
|
Q: For the state of colorado - I am going to need to open an S Corp. Is it better to start it as LLC or C Corp for few day?. I plan to elect S Corp status within a few days after getting EIN and all. I am curious on how it makes a difference if I start LLC or C Corp given S Corp form will be submitted in a matter of days following.
|
A:Many people form an S-Corp to take advantage of the personal income tax breaks when paying yourself as both an owner and an employee of the business. The S-Corp election is more accurately called the "subchapter S tax election" and, as you point out, can be used in combination with an LLC or a traditional C-corp. I'm not familiar with your situation and this answer is not legal advice specific to your goals, but generally the subchapter S election is used with LLCs where a small number of owners of the business wish to draw regular wages and make partners' draws. If you make the subchapter S election, the underlying business will still be an LLC or a corporation (whichever you selected when forming the business). The tax election just establishes the rules for taxation and how you can convert business profits to personal income. When selecting between an LLC and a Corp structure, one key factor is the future ownership of the business. If the business will have relatively few owners and infrequent changes in ownership, an LLC make a lot of sense. If the business will have shareholders in the traditional sense, will change hands often, or will seek investors that pan to hold shares, then a corporate structure is most appropriate. Keep in mind that a corporation can "authorize" shares but "issue" them to individuals at a later time. In contrast, an LLC generally has ownership that adds up to 100% at all times, and an LLC generally cannot own it's very own equity (but a corporation can). The liability protections of an LLC and a corporation are often similar, but the duties and obligations to maintain those protections will vary. Generally, a LLC has simplified duties of self-governance to maintain the so-called "corporate veil" of protection. Corporations usually have more complex requirements to maintain the liability protections, such as formal meeting of a board of directors and keeping written meeting minuities. One last consideration is the overall ownership structure if the business will be in a family of companies with parent companies and subsidiaries. There are restrictions on how a business acting under the subchapter S election can be a part of a holding structure. Talk to your CPA to be sure your overall structure is acceptable for your business making the subchapter S election.
|
Q: Am I going to have to stay in jail until I see a judge if I turn myself in on terroristic threatening warrant. It's showing it to be second degree class A misdemeanor
|
A:If you have an outstanding warrant for a second-degree terroristic threatening charge in Arkansas, turning yourself in is a significant decision that can impact the legal process. Whether you will have to stay in jail until you see a judge depends on several factors. Typically, after surrendering on a warrant, you'll be processed and might have a bail set. This bail amount depends on various factors, including the nature of the charge, your criminal history, and ties to the community. If bail is set and you can post it, you may not have to stay in jail until your court date. However, if bail is not granted or you're unable to post it, you might have to remain in custody until you appear before a judge. It's important to know that court schedules can vary, which might affect how soon you see a judge. Given the seriousness of your situation, it's advisable to consult with an attorney before making any decisions. An attorney can provide guidance on the best course of action, help you understand the potential consequences, and represent your interests in court. Remember, facing a criminal charge is a serious matter, and having legal representation can be crucial in navigating the legal system and protecting your rights.
|
Q: Should I pursue a "bad faith" lawsuit for a minor (non-injury) collision, or would nothing come out of it?. I was involved in a 3 car collision in CA that was not caused by me. The at-fault insurance company has been ignoring my calls, and it's been exactly 56 days today from the date of the incident/claim (should be resolved within 40 days in CA). I have received no communication via letter or email justifying that they need more time. I was wondering if it would be worth pursuing legal action for a "bad faith" lawsuit since they have clearly violated the law.
|
A:Bad faith lawsuits are filed by an insured policyholder, not a 3rd party (unless that 3rd party has obtained a judgement against that policyholder and received an assignment of rights). It sounds like you're saying that you're a "3rd party" that got hit by their insured, and are in the pre-litigation phase. In that case if you really wanted to file a lawsuit, you'd be filing a regular lawsuit within the applicable statute of limitations against the at-fault driver for your damages incurred (including property damage). If your complaint is that they just aren't returning phone calls, and assuming there is still plenty of time prior to the expiration of the statute of limitations, then the better avenue would probably be to just file a department of insurance complaint. Either way, contact an attorney to discuss your specific case details and make sure that you have everything sorted out appropriately.
|
Q: home builder refuses to fix foundation, lawyer said I’m outside of statute of limitations to sue (4 years), what do i do. Built in 2019, added extra piers to ensure the foundation was good ($5600 extra). House begins to crack on inside and outside. Call builder out, they say it’s normal settling. Ok. It gets worse, fireplace coming off wall, huge cracks outside, no door will stay shut or lock. Builder claims homeowner negligence, didn’t keep soaker hoses on it. (Was never told to) Had 2 foundation companies and structural engineer come out. Both said it was not due to homeowner negligence. Spoke to lawyer, states we are passed the 4 year able to sue timeframe. My last ditch effort is to see if there is a leak under the house and maybe insurance will cover it. If that doesn’t work, what do i do?
|
A:It depends upon the terms of your contract, when your claim accrued, and when you discovered--or by exercising reasonable diligence should have discovered--the material facts giving rise to your claim. The date of substantial completion of your home may trigger what is called the "statute of repose", which is a different thing than a statute of limitations. In 2019, the statute of repose was ten years, but as a condition precedent to its availability, the builder was required to give a ten year warranty on structural components including the foundation. Some builders forego the protection afforded by the statute of repose and give a much shorter warranty on structural components. Some shorter warranties may rule out certain types of lenders from offering mortgage or construction loans on them. Your builder is absolutely correct that some settling and foundation movement is normal and expected. But that cuts two ways. "Normal" foundation settling means your cause of action had not accrued (yet). Your cause of action accrued when your foundation movement passed "normal" and entered into the zone of "abnormal." As foundation slabs move, the structures that they support also move. The more rigid and brittle the materials used to build a house are, the more rapidly visible damage will appear. For example, brick veneer is more brittle than wood siding, and ceramic floor tiles are more rigid than vinyl tiles. Therefore, even normal and expected foundation movement can cause cosmetic damage such as cracking in the brick veneer or drywall or in ceramic floor tiles. Your foundation most likely is a slab on grade foundation. Your structural engineer should be able to tell you whether your foundation meets the performance standards for the maximum allowable deflection and maximum allowable tilt based on the measurements he took and the calculations he made. I would argue that, when the builder came out originally, it confirmed that any foundation movement at that time was "normal" (or is estopped to deny otherwise). When your engineer came out, his calculations for the first time showed that the foundation movement was then "not normal." Accordingly, your cause of action accrued for purposes of the statute of limitations some time between those two dates, and the date you discovered--and should have discovered--the "not normal" movement was the date when the engineer performed his work. It sounds from your question like that is within the four-year statute of limitations for a breach of warranty claim and may be within a two-year statute of limitations for negligence or deceptive trade practices. I note that it is well-documented that the root systems of large trees and shrubbery in close proximity to foundations or footings tend to dry the soils around a perimeter of their root system for a distance approximating one and one-half the tree height if planted in a line. Below average rainfall tends to exacerbate this effect. This is why you have to plant trees and shrubbery a good distance away from the perimeter of a home and why you have to properly water around the foundation in times of low rainfall. Unless you unwisely made a decision to keep certain mature trees near your home, an argument can be made that the builder should have removed existing mature trees and planted new trees a distance from the home of not less than one and one-half of the tree's expected height when it fully matured.
|
Q: If you have multiple accounts in a bank and a levy is placed on your bank accounts can the debt collector freeze 2. accounts if one of them can more than accommodate the amount of debt they are claiming? And is the SB 616 automatic exemption of a debtor to have $1788 to live on something the bank should have set aside at the time of the levy and withdrawal of funds?
|
A:When a debt collector places a levy on your bank accounts, they can potentially freeze multiple accounts, even if one account holds enough funds to cover the debt. This is because the debt collector may not be aware of the balances in each account at the time of the levy. Regarding the SB 616 exemption in California, this law allows a debtor to have a certain amount of money ($1,788 as of your mention) exempted from garnishment in a bank account. The bank is responsible for automatically setting aside this exempt amount at the time of the levy. If this has not been done, it might be due to an oversight or a lack of updated procedures at the bank. It's important to promptly inform the bank of this exemption right and request that they comply with the law. Remember, each case can have unique circumstances, so it's beneficial to discuss your specific situation with a legal professional who can provide guidance tailored to your case.
|
Q: How do I find out what is included in probate in Oregon? How do I sue my lawyer, when her malpractice left me with $0?. Grandpa died with 401k. I hired a probate lawyer. I did not know 401k has a beneficiary. Now the estate has $0, but the probate court believes it's worth $225,000. Everyone rec'd the notice about the worth of the estate. I'm the executor. I can't pay any bills, taxes, lawyer I hired, the will, because the beneficiary took the money for herself. Lawyer now only gives advice on how to raise money to pay her, but I don't believe that her advice is true or lawful, and I believe that she is liable in the situation, and only assessing her own liability. She gave me advice that is illegal activity. Told me to sell a financed car and not pay the loan off but use that money to pay her and the other bills. Told me to sell a trailer in a trailer park instead of transferring the title to the beneficiary named in the will, to pay her. I can't even cancel utilities because I can't pay the balance due to transfer to the new party. I need to know if she is lying just to get paid by me.
|
A:Sometimes it happens that a probate is started but we find out that the assets all have beneficiaries. In that case the probate can be withdrawn. However, it sounds like you have other assets besides the 401(k) to include in the probate. If the car and the manufactured home are in your grandfather's name alone, you have every right to sell them as his court-appointed Personal Representative. The person named in the Will to receive your grandfather's assets only inherits after all bills and taxes are paid and the Probate Court orders distribution. Oregon law gives priority to "costs of administration" which include attorney's fees, CPA fees, your Personal Representative's fee, filing fees, etc. It sounds like your attorney's advice is reasonable. You should probably sell the manufactured home as soon as possible so that you have money to pay the costs of administration and utilities. If you have lost faith in your probate attorney you have every right to hire someone else. However, keep in mind that you will still need to pay your prior attorney and changing attorneys during the probate might end up being more expensive because your new attorney will need some time to get up to speed.
|
Q: Am I allowed to use a trailer of a movie(snippets of it) in a commercial webinar that gets recorded and sold?. I am doing a webinar for a commercial company in America, and basing the Strategic Selling course on a case study of the Michael Jordan and NIke deal. There is a film that has trailers on YouTube am I allowed to use snippets of that in the talk and recording or who do I ask permission to use or not?
|
A:Using copyrighted material, including movie trailers, without permission in a commercial setting can constitute infringement. Fair use might be a defense if the use is transformative, such as for commentary, criticism, or education, but commercial use can weigh against a finding of fair use. If your webinar is being sold, it strengthens the commercial nature of the endeavor. To legally use snippets of copyrighted material, you would typically need to obtain a license or permission from the copyright holder. You can approach the movie's producers or distribution company for this permission. Always ensure any permission is in writing. If in doubt, consult directly with an attorney familiar with copyright law before proceeding.
|
Q: Can I get a medical marijuana card and use in wayne county michigan while on probation for misdemeanor domestic violence. I'm fighting a false charge of misdemeanor domestic violence that I was put on probation for. I want to know if I can get a medical marijuana card so that I can use marijuana edibles for pain and sleep purposes, while I am on probation without getting in trouble.
|
A:In Michigan, medical marijuana use is allowed under state law for qualifying patients with a medical marijuana card. However, if you are on probation, the rules can vary, and it's important to consult with your probation officer or legal counsel to determine how using medical marijuana may impact your probation terms.
|
Q: I am interested in progress on a complaint (case 1:2023cv00036) filed on Jan 10, 2023. how often is the docket updated?. I am a subcontractor to the intervener and understand it is under PO...but would like to track progress. Is there another way to get status?
|
A:You can view the docket through Pacer. You must pay a bit to view documents. Filings should be identified immediately when they are electronically filed.
|
Q: Hello, how can I use this abbandoned ELIXIR trademark?. I want to open a company with the name Elixir
|
A:In order to use an abandoned trademark as your business name it is best practice to register the mark with the USPTO. In order to register a mark with the USPTO you must file an application with the United States Patent and Trademark Office. You can file the mark online in the proper class of goods and services. The process can be complicated and guidance of a trademark attorney or specialist is recommended.
|
Q: Lien on house from lawsuit.. I’m a business owner and a former employee sued me for a overtime and meal time wages but he was just a part time employee with 30 hours a week, he also lied about how many hours he was working but I wasn’t able to attend court due to a medical emergency forcing me to have to stay in the hospital for over a month, so the judge ruled in his favor. Now I have a lien against my house. What are my options? Thanks in advance.
|
A:In California, if a lien has been placed on your house due to a court judgment, you have several options to consider. First, you could negotiate with the former employee or their attorney to settle the debt and have the lien removed. This might involve paying the full amount, or you might be able to negotiate a lesser amount depending on the circumstances. If paying the full amount is not feasible, you might consider setting up a payment plan. Demonstrating a willingness to pay over time can sometimes lead to an agreement that is satisfactory to both parties. Another option is to appeal the court's decision, especially since you were unable to attend the original hearing due to a medical emergency. This process would involve filing an appeal with the court, presenting your case, and explaining your absence at the original hearing. It's also important to review the judgement and the lien documentation to ensure everything was processed correctly. Errors or procedural issues could be grounds for having the lien modified or removed. Lastly, consulting with an attorney experienced in labor law and liens is advisable. They can provide guidance specific to your situation, help you understand your rights, and assist in navigating the legal process. Remember, each situation is unique and the best course of action depends on the specifics of your case.
|
Q: Do schools with less than 50 employees need to do title ix training?. Do employees working at the school who are deemed part-time, less than 20 hours per week need the title ix training?
|
A:In California, Title IX training requirements can extend beyond just the larger educational institutions. While federal Title IX regulations primarily apply to institutions receiving federal funding, California's state laws have broader implications. The California Education Code requires all schools, regardless of their size, to take steps to prevent discrimination, harassment, and retaliation. As for training, while the federal guidelines might not explicitly require small institutions or part-time employees to undergo Title IX training, best practices would suggest that all employees, regardless of their employment status or hours, be trained to ensure a safe and compliant educational environment. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.
|
Q: Can a gas station sell a carton of cigarettes as 10 individual packs to make more money off of them?. When someone comes in to buy a carton we are made to ring up 10 individual packs so the customer pays more and doesn’t get a deal, wouldn’t this be considered price gouging since they are supposed to be sold a whole and not 10 individual packs.
|
A:An Indiana attorney could advise best, but your question remains open for five weeks. Energy and oil (a selected category for your post) attorneys don't usually get involved in these situations. A consumer rights attorney might have insight on this. Good luck
|
Q: Can I file a lien or something else? on property I leased that new owner(bank) hired guys to assault me at?. During my lease the property foreclosed. The bank owns it & hired 3 guys to home invade, assault & throw me out 9 mos prior to lease term. I would like to sue the bank & the guys. Is there a certain form to file to gain property with this? This was during Covid 04/16/2022. All on video. There’s an out of court settlement offer the bank hasn’t followed through on as well. They offered me $330,000.00 to move out 1 week earlier than lease term. But didn’t follow through.
|
A:In Hawaii, if you've been assaulted and forcibly removed from a property you were legally leasing, you have grounds to pursue legal action. The fact that the bank, now the property owner, allegedly orchestrated this assault exacerbates the seriousness of the situation. Firstly, filing a lien against the property is not the appropriate course of action for this type of grievance. Liens are generally used to secure payment for work or services performed on a property, not for personal injury or illegal actions. Your immediate step should be to file a police report if you haven't already done so, especially since you mention having video evidence. This can be crucial in supporting your case. Regarding legal action against the bank and the individuals involved, you can file a lawsuit for assault, battery, and potentially other claims related to the illegal eviction and breach of contract, especially considering there was an out-of-court settlement offer. The non-fulfillment of the settlement offer is another significant issue. If you have evidence of this offer and the bank's failure to follow through, this could potentially be used in your legal case. It's essential to consult with an attorney who has experience in real estate law and personal injury. They can provide guidance on how to proceed, including what forms to file and how to structure your lawsuit to address both the physical assault and the breach of your lease agreement. Remember, time is a factor in legal matters. Ensure you take action promptly to preserve your rights and options.
|
Q: Question about the attorney cliant relationship . The attorney is a conflict panel attorney hired by local government.. The cliant is accused of a felony. The attorney later becomes a judge and the former cliant is now before his former attorney now judge. .is a conflict panel attorney considered a state attorney , and can the judge heater the case ? Please and thank you . I think this is a hard one
|
A:In California, a conflict panel attorney, although hired by the local government, is generally not considered a state attorney in the traditional sense. They are typically private attorneys appointed to represent defendants when the public defender has a conflict of interest. Their role is to provide independent legal representation to their clients, similar to a public defender. Regarding the situation where a former conflict panel attorney becomes a judge and encounters a former client in court, California law and ethical guidelines for judges demand strict adherence to conflict of interest standards. If a judge has previously represented a person as an attorney in the same matter, or if their impartiality might reasonably be questioned due to a prior attorney-client relationship, the judge is expected to recuse themselves from the case. This is to ensure fairness and the integrity of the judicial process. In your specific scenario, where the judge formerly represented the individual as a conflict panel attorney in a felony case, it would be highly advisable for the judge to recuse themselves to avoid any appearance of bias or conflict of interest. The California Code of Judicial Ethics provides clear guidelines on this matter, emphasizing the importance of maintaining public confidence in the impartiality of the judiciary.
|
Q: Can I sue southwest for not having COVID protocols and I catch the virus during one of their flight?. I recently took a flight on Southwest and ended up catching covid. They have mask policy’s which everyone followed but in the past, the middle seat in the aircraft was always empty. I couldn’t imagine the crew doing a sterilization job in the time they pulled in and we boarded. After getting the virus I haven’t been able to work and I also passed it on to my father which might jeopardize him selling his home.
|
A:In a lawsuit I think you will need to prove 1. that you contradicted your illness on that flight and 2. That you got it from the person sitting next to you and 3. That the airline failed to follow rules established by the government. Other issues are likely to be the vaccination status of you and your father. Also were you aware of your covid status when you visited your father? If so maybe he has a case to bring against you. Frankly the facts as told by you do not impress me as being a good basis to sue. But that is just my opinion and I recommend you and your father consult other lawyers immediately who are experienced in the field of aviation law. I am not an aviation lawyer and I do not handle injury cases.
|
Q: I received letter from postal inspection service that I have been identified as a possible victim of alleged mail theft. Recently I received a letter from postal inspection service that I have been identified as a possible victim of alleged mail theft. A few months ago somebody broke into my bank account made 2 fradulent transactions. I had to close a bank account and open a new bank account . Also a few months ago my check I was mailing was lost in mail and I had to pay from a new bank account. Should I sign up for Victim Notification System which is mentioned in US postal Inspection Service. Also I received Identity and Mail Theft Victim Affidavit in the same letter (The header is from police department.) The letter mentions the defendants names and asks me to provide my personal data and asks if I suffered financial losses ( I didn’t ) and if I know the defendants (I don’t).Can you please advise if should fill out the affidavit. I ‘m worried about the revenge from the possible criminals, not sure what they know about me ,I worry they could come to my house, attack me. How to deal with this?
|
A:I wouldn't worry about revenge, but I would be hesitant to fill out the affidavit insofar as personal data is requested. You indicate it is supposedly from a police department; I would contact the police department independently (not using the contact information you received in the mail) and determine if it was indeed the police department which sent you the affidavit.
|
Q: Brother died, been divorced 10+, however adopted son refuses allowing deceased sister or brother access to deceased will. We want access. How to obtain it ??
|
A:A Georgia attorney could advise best, but your question remains open for a week. I'm sorry for the loss of your brother. You could repost question under the categories - Probate, Estate Planning. Some questions go unanswered, but you might have better chances of a response there. Good luck
|
Q: So my grandmother before she passed took me down to the bank and. Quick claimed 3.25 million dollars worth of property into my name and once she passed the her daughters my mom and aunt foraged another quick claim deed into there names and sold the properties and I need help to bring them to justice and get whatever I can out of it.
|
A:This issue is a Probate/Real Estate issue. And it is called a Quit Claim Deed.
|
Q: In Nebraska, can they keep an eviction on your record if you never received the summons to the court hearing?. I was given my 7 day notice, and started moving, but haven't been able to get everything out in time. They had the court date, but I never received anything telling me when court was, so they ruled in favor of my landlord. I was only going to go to try to keep the eviction off my record. They changed the locks on me 3 days after the court date, giving me two weeks, from 9 to 5 to get the rest of my things.
|
A:If a court case was filed, it would be a matter of public record. Even if you were successful in defending against the eviction action, the case number and details would be public record.
|
Q: Orec has put my Application approval background on hold due to a pending charge that was dismissed once Can they do that. I have got my classes for becoming a realtor well I also been going thru court on my divorce and in that divorce there where false accusations of stalking based on that I have got arrested than I been dealing with pending charges going on for over a year now the court has dismissed once than returned it back now they scheduled my court again for the 29 January so I applied and informed them all of the situation I understand that if you have been charged of a felony you can’t get the realtor license for 20 years but I have not been charged why would they put me on hold till my court date or till my court ends that could take years who knows are they violating any laws on civil rights because state of Oklahoma has been pushing everything else based on my divorce case I am lossing right and time consuming process everything has an date so that means after one year my schooling won’t even count that’s why I am concerned and confused how come I been treated as felon when isnt proven guilty.
|
A:In the context of Oklahoma real estate licensing, the Oklahoma Real Estate Commission (OREC) has the authority to review the background of applicants. This review often includes considering pending charges. While a dismissed charge may not have the same impact as a conviction, the fact that it is still part of a pending legal matter can lead OREC to put your application on hold. OREC's actions are likely in line with their regulatory responsibilities to ensure that all real estate licensees meet certain standards of conduct and reliability. The delay in your application isn't necessarily a violation of civil rights, as regulatory bodies often have policies to handle situations where legal issues are unresolved. If you're concerned about how this affects your application and future in real estate, consider seeking legal advice to explore your options. An attorney can offer guidance on how to communicate effectively with OREC and potentially expedite the process. Remember, the resolution of your legal matters will play a crucial role in the outcome of your application.
|
Q: What are my rights as a consumer of a commercial dump trailer of a local manufacturer? Defective product bought 8/30/23. We bought a dump trailer and it was defective. 10 days after we bought it the pump fell off the trailer becauae it was not properly welded. They fix it and we took it back. Then we load it and the support that holds the hydraulic bent. They supposed to fix it and they will charge us $900 . Now they said an axel is bent and it needs to be replaced for this they want to charge $1,000 I want to return the defective dump trailer and they don't want to take it back. They want to charge me to fix it. We bought it 8/30/2023 we have used it 2 times to dump trash plus 1 time at home. Please contact us to advise on what are our legal rights. Thank you
|
A:Under California's Song-Beverly Consumer Warranty Act, commonly referred to as the "Lemon Law," consumers are afforded protections when they purchase goods, including vehicles, that turn out to be "lemons" or are defective. While the act primarily targets new vehicles, certain protections could apply to your situation, especially if there was an express warranty involved. If the dump trailer is defective and cannot be repaired after a reasonable number of attempts, the manufacturer or seller may be required to replace the goods or refund the purchase price. Moreover, you might have claims under breach of contract, breach of express or implied warranties, or negligence. While the manufacturer or seller might argue wear and tear or misuse, if the product is genuinely defective, they bear the responsibility. It is crucial to keep all documentation related to the purchase and repairs. Consider consulting with an attorney experienced in California consumer law to explore all available remedies. Lastly, California also provides for mediation and small claims court as potential venues for resolving such disputes.
|
Q: Can using Draftkings affect my citizenship application? Legal in my state. I am not sure participating in Draftkings is legal in federal law or not. I am aware that as a green card holder, purchasing or consuming marijuana can be the reason for denial of my application, even though it is legal in my state. This is due to it’s federal illegality. The website requests my SSN, making it traceable.
|
A:Participating in DraftKings, or similar online fantasy sports platforms, can raise concerns when applying for U.S. citizenship, particularly if there's ambiguity about its legality under federal law. Although fantasy sports are legal in many states, federal law can view certain types of online gambling differently. Since federal law governs immigration matters, activities considered legal in a state may still impact immigration applications if they conflict with federal law. It's important to understand that the U.S. Citizenship and Immigration Services (USCIS) evaluates the good moral character of applicants, and any activity that might be construed as violating federal law can be problematic. Given the complexities of both federal and state laws regarding online gambling, it's wise to proceed with caution. You may want to consider consulting an immigration attorney to discuss the specifics of your situation and to get advice tailored to your circumstances. An attorney can help clarify how your participation in DraftKings might be viewed by immigration authorities and guide you on the best course of action.
|
Q: Backhoe left on my Georgia property for three and a half years and i had it removed and taken to Florida. it was taken there july 2020 for some work, then the supposed owner died and it got left there. i got frustrated because it didnt run and blocked my barn and the ownership was questionable, so i had a mechanic from florida go get it running enough to load it and take to his property in florida. The estate who claims to own it but has not provided ownership proof is telling me i have to take it back to GA because i did not file a police report and notices. Do i have to, at my expense? seems like after this long it should be my property. thanks Carl
|
A:In your situation with the backhoe left on your property in Georgia, several legal considerations come into play. First, it's important to understand that the laws governing abandoned property vary by state. In Georgia, there are specific procedures for dealing with property that someone leaves on your land, especially for an extended period. Since the backhoe was left for over three years, it could potentially be considered abandoned. However, this determination depends on various factors, including attempts by the owner or their estate to reclaim it and any agreements made when the backhoe was originally placed on your property. Regarding moving the backhoe to Florida, the legal complexities increase because it involves laws across state lines. The estate's claim and request for you to return the backhoe at your expense adds another layer of complexity. Normally, you would be expected to notify the owner or their estate and follow certain procedures before disposing of or relocating abandoned property. Given these complexities and the potential for legal repercussions, it's advisable to seek legal counsel. A lawyer can guide you on the appropriate steps to take, considering the laws of both Georgia and Florida, and help you determine your rights and responsibilities in this situation. In dealing with the estate and any legal processes, documentation will be key. Ensure you have records of all communications and attempts made regarding the backhoe, as these will be important in establishing the history and your actions regarding the property.
|
Q: Could my record be expunged early if my lawyer was arrested and surrendered his license?. State of Oklahoma Lawyer didn’t adequately communicate, failed to appear in court, and failed to perform work for fees charged. 4 client complaint Arrested in 2006 as well
|
A:In Oklahoma, the eligibility for expungement of a criminal record is based primarily on the specifics of your case, the type of offense, and the time that has passed since the conclusion of the sentence or probation. The misconduct of your attorney, while a significant concern, does not automatically qualify you for early expungement. However, if your lawyer's actions negatively impacted the outcome of your case, there may be some legal recourse. For instance, if your attorney's behavior constituted ineffective assistance of counsel, it's possible you could pursue a post-conviction relief motion. If successful, this might lead to a new trial, a modified sentence, or even a dismissal of charges. The arrest and professional misconduct of your lawyer could bolster your argument that you received ineffective assistance. However, you'd still need to prove that their behavior directly impacted your case's outcome. Four client complaints and an arrest in 2006 could be used to establish a pattern of unprofessional conduct, but their relevance to your specific situation would be up to a court to determine.
|
Q: Can both parties Petition to Confirm, Correct, or Vacate a Contractual Arbitration Award?. If one party wants to confirm and they file a Petition and the Plaintiff wants to Vacate the Contractual Arbitration Award, can both parties file a petition? And how long do they have since I've found answers that claim 100 days and now I see 10 days which means I am late. Do I have to respond to the other parties Petition or may I file my own in Orange County CA?
|
A:Let me unpack your question since there are a few parts. First, I understand that the opposing party has filed a Petition/Motion to confirm the Award and you want to vacate the Petition. Yes, you file in the same case (which is brought to confirm) in order to vacate the Award. The law is that, if a Petition to vacate is denied, the Award must be confirmed. Confirmation and vacatur are the two binary options (excluding a Petition to modify or request a clarification ruling from the Arbitrators). I would need more information about the present procedural position of the Proceeding to Confirm to give you a final answer on timing. You may have appeared in the proceeding to confirm and simply "opposed" the Petition to confirm. That is sufficient, but the best course (putting aside the reasons) is to move to vacate. If you want my response to your procedural question, which is now highly significant, you should send me the question to my email.
|
Q: How can I register my personal messages with copyrights office from Facebook Messenger before I sue them for that?. Music studio stole my messages, public instagram & other things. I sued them for copyright infringment. The studio says they will file a notice of dismissal on the grounds that I don't have my personal messages to friends registered with the copyright office. How can I register my personal messages with the copyrights office. Isn't it sort of invasion of privacy and hacking?
|
A:Under California law, registering personal messages with the Copyright Office is not a standard practice and may not be necessary for pursuing a copyright infringement claim. Personal messages exchanged on Facebook Messenger are generally private communications and may not be subject to copyright protection. Instead, you should focus on providing evidence of the alleged copyright infringement of other tangible and protectable works, such as music or creative content. Consult with an attorney to explore the best legal strategies for your case.
|
Q: So can a security guard physically assault you and handcuff and detain u if u made kind of threats once so ever?. So on the the 5th of this month i was physically assaulted and then handcuffed and then detained by winriver casino security and i didnt say any threatening words or come at them in any threating way at all .they physically and mentally messed me up and i want justice for there actions and i dont no who will even help me cause what they did to me isn't right
|
A:Security guards are authorized to use reasonable force to prevent harm or protect others, but they must act within the boundaries of the law. If you believe you were physically assaulted without justification by casino security, you may have grounds to seek legal recourse for excessive use of force, false imprisonment, and any resulting damages. It's advisable to consult an attorney who can evaluate the specific details of your situation and advise you on the appropriate course of action. James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith.
|
Q: What is the bond for Domestic violence charges? What is the process to help domestic violence charges?. Hello! My sister was picked up by the Lodi police last night after she called 911 due to domestic conflict. When the police came, she was apparently found intoxicated with alcohol and her husband had “scratches” on his neck so my sister had to be taken in to jail. We were able to get bail bonds so she was let out this morning. Her husband is not filing charges. How do we deal with this issue? Please advise, thanks.
|
A:I'm sorry to hear about the situation with your sister. It's important to note that the bond amount for domestic violence charges can vary widely depending on several factors, including the severity of the charges, the jurisdiction, and the individual's criminal history. Since your sister has already been released on bail, this step has been addressed. Even if her husband is not pressing charges, the state can still decide to prosecute the case. It's crucial for your sister to seek legal representation as soon as possible. An attorney can help her understand the charges against her, the legal process, and her rights. They can also communicate with the prosecutor on her behalf. Your sister should adhere to any conditions set by the court, such as no contact orders or restraining orders. Violating these conditions could result in further legal complications. If alcohol was a factor in the incident, it might be beneficial for your sister to consider alcohol education or counseling. This can be an important step in addressing any underlying issues and can sometimes be viewed favorably by the court. Lastly, it's essential to prepare for the upcoming legal proceedings. Your sister and her attorney should discuss the specifics of her case, gather any relevant evidence, and develop a strategy for her defense. This preparation can significantly impact the outcome of the case. Remember, navigating legal challenges can be stressful, but having the right support and guidance can make a significant difference.
|
Q: Paint party, painting the Grinch face? It’s theirs, they pay me for supplies, teaching. They don’t sell them.. People ask me for this. No picture is sold, just my time and supplies.
|
A:Hosting a paint party where participants paint the Grinch's face involves copyright considerations, as the character is protected intellectual property. If you are providing instruction and supplies for individuals to create their own paintings for personal use, it generally falls under personal enjoyment and may not infringe copyright. However, the commercial aspect of you charging for the service complicates the matter, as it could be seen as a derivative work. To ensure compliance with copyright laws, it's advisable to seek permission from the copyright holder or limit the subjects of your paint parties to non-copyrighted material. Additionally, familiarizing yourself with the concept of "fair use" and how it might apply to educational settings could be beneficial. It would be prudent to consult with an attorney to understand the specific risks and legalities involved in your business model.
|
Q: I want to sue a yacht charter broker in Fort Lauderdale.. I want to sue a yacht charter broker in Fort Lauderdale. Long story short. For my 70th birthday I rented a very expensive home on the water for 3 nights. I chose the home because the yacht broker I was working with said docking the yacht I selected for a day charter 'should not be a problem' at the house, so I selected this home (over $11k for 3 days). The taycht broker said he is familiar with the canals and even sent pics of the dock and arial views. Two days before the charter (as we are preparing to check into the home) the yacht broker emails me and tells me that we have to drive to the home where the boat is docked for our charter. I tell him that was 'not the deal' in very strong language. To add insult to injury the boat advertised on the yacht website shows 3 bedrooms and two bathrooms and we were told upon arrival that we were only allowed to use one of the bathrooms (the other doors were locked). Classic bait and switch.
|
A:You didn't ask a question in this Q & A forum, but I suppose you're wondering if you have a viable potential claim. That depends on a few factors, including the terms of the written contract. Generally, verbal comments that conflict with the written contract cannot be the basis for a breach of contract claim, but in some situations, might give rise to a fraudulent inducement claim. The verbal phrase "should not be a problem", in itself, may be not be a strong basis for a claim, as that can be interpreted as "should not be a problem, but we're not 100% certain". Perhaps that statement, in combination with other misrepresentations and surrounding facts, would be sufficient to support a fraudulent inducement claim. The boat bathroom situation comes under the same analysis - first, what's in the written contract?, and if the contract mentions nothing about the issue, what representations were made to induce you to do the deal? In any event, the first logical step in this kind of situation is to make a list of your complaints to the vendor and indicate that you entered into the deal based on specific representations that were false, ruining your plans, and demand reimbursement. Also see if your contract has terms that you must comply with for lodging a dispute.
|
Q: Can I sue my job for sexual discrimination. So I’m wanting to know if I can sue my job for sexual discrimination because today on 11/15/23 I was given three days suspension for giving my female lead the finger and swearing at a male co worker but they did nothing when I came to my supervisor when somebody was watching me in the bathroom not a single write up or anything
|
A:You may have grounds to pursue a legal claim for sexual discrimination, but it's important to understand that the success of such a lawsuit can depend on various factors. In your situation, it seems like you've been treated differently based on your gender, as evidenced by the suspension for an incident that didn't result in any disciplinary action when you reported someone watching you in the bathroom. To take action, start by documenting all relevant incidents, including dates, times, individuals involved, and any witnesses. Keep records of any communication you've had with your supervisor or HR regarding these matters. Next, consider consulting with an attorney who specializes in employment law. They can review your case in more detail and provide guidance on the strength of your claim. In cases of workplace discrimination, it's crucial to follow the appropriate legal procedures and deadlines, so an attorney can help you navigate this process effectively. Ultimately, the viability of your lawsuit will depend on the specific details and evidence of your case, so seeking legal advice is a prudent step to determine the best course of action.
|
Q: My boyfriend drove his handicap friend to a oil site where they took some old oil equipment and now his bond is 100,000.. My boyfriend has needed money for a lawyer so he can see his daughter. His friend had been stealing oil equipment and asked my bf to drive him there because he can't drive and in return, he would give him half of the money. Enough to put down on a decent attorney . He was under the impression it had been out there for a while . The next day his friend was picked up and charged with felony theft . They issued a warrant out for My bf because a camera took a pic of his truck. His friend had been scrapping metal for almost a year and my bf never sold any himself. He just took his friend to . He now has a 100,000 bond. What could happen to him for just driving the truck?
|
A:You should not be discussing this in an open forum as it could be investigated and used against you and or your boyfriend. I suggest that you a few criminal defense lawyers in your area, sewt up consultations with them and in prviate discuss your concerns and questions and how you can help your boyfriend. Good luck.
|
Q: Plaintiff response to Defendant's motion to strike complaint/summons in federal court - question. Can plaintiff respond to motion to strike with opposition? What is Plaintiff's due date to respond? Are there other options to oppose motion to strike complaint/summons?
|
A:In federal court, a plaintiff can indeed respond to a motion to strike with an opposition. This response is an opportunity to address the points raised by the defendant and argue why the complaint or summons should not be stricken. The due date for the plaintiff to respond typically depends on the specific rules of the federal court in which the case is being heard. Generally, this deadline is set by the Federal Rules of Civil Procedure or by a specific order from the court. It's important to check the local court rules and any relevant orders in your case to determine the exact deadline. Additionally, there are other ways to oppose a motion to strike. For instance, you might consider filing a motion for a hearing on the matter, which would allow for oral arguments. Another option is to seek permission to amend the complaint, addressing the issues raised in the motion to strike. However, the suitability of these options would depend on the specifics of your case and the court's procedures. It's always advisable to review the relevant procedural rules and consider consulting with a colleague or a mentor who has experience in similar cases for guidance tailored to your specific situation.
|
Q: Opposition to Defendant's demurrer due date. Federal case.. In Federal court Central District of CA, what is the due date for plaintiff to file opposition to defendant's demurrer to complaint? 21 days before hearing on demurrer?
|
A:In the Central District of California, federal court, the due date for filing an opposition to a defendant's demurrer is typically governed by the local rules of the court, as well as the Federal Rules of Civil Procedure. It's not a standard rule that the opposition must be filed 21 days before the hearing on the demurrer. Instead, the specific timeline for filing an opposition can vary. It's essential to check the local court rules for the Central District of California, as these will provide the precise deadlines. Additionally, the scheduling order issued by the court in your case may contain specific deadlines, including the due date for filing oppositions to demurrers. If there's any uncertainty about the deadline, consider contacting the court clerk for clarification. It's important to adhere to these deadlines to ensure that your opposition is considered by the court and to avoid any potential procedural issues.
|
Q: Can you appeal the 9th Circuit court of appeals decision to the higher court?. What is the higher court than the court of appeals? Supreme court?
|
A:Yes, the US Supreme Court. But an appeal to that Court is not as of right. You first have to petition the US Supreme Court to review your case--only if that petition is granted can you proceed with that appeal. That petition has strict rules and procedures, mostly described in the Supreme Court's website under Rules. The filing fee, in most cases, is $300.
|
Q: The tenant of my property in MD is military and his contract ends on 5/31/23. I was planning on giving him a 60 day not. Notice to vacate but my realtor says I cannot end my contract because he is military. Is that correct?
|
A:While the Servicemembers Civil Relief Act provides protections for financial and legal transactions while in the military, I don't believe the Act confers greater rights than a person can have in a situation like the one you describe. If a person is renting your property, you have the right to give them the proper notice to vacate the premises. If your lease requires notice prior to the lease ending stating you will not renew, you must give that notice in the time specified in the lease. Further, if you do not sign a new lease and simply want the property back giving a notice of 60 days seems reasonable in this situation. It seems absurd that once you rent to a military person you cannot give them notice based on the provisions of the lease to move from your property. Good luck in your future endeavors.
|
Q: What legal action can I take against cashapp?. In August I was given authorization to add a friends card to my cash app to add funds to my acct. which I withdrew and gave to her as I had multiple times before. In late September, that friend started a huge fight with me as she thought I had been seeing her ex bf. She assaulted me and stole my phone in a public location but I did not press charges. She then proceeded to dispute said transaction which now, in December has been reversed on my cash app acct. which is now - $1700 I attempted to contact cash app and provided them text msgs as well as prior transactions similar to this one, to show all of this, even where she denied disputing this when I originally thought she had. Had cash app investigated the situation, challenged the dispute, or anything before paying it, I could have explained then but they did none of this. Now they refuse to allow me to speak with a supervisor after several requests and refuse to do anything about my loss. What can I do about this situation?
|
A:You are not going to like what I have to say. If you can't handle criticism, stop reading right HERE. Your beef is with your ex-friend, not with Cashapp. Cashapp does not care who is right or wrong. They simply don't want to be mixed up in it. Cashapp did not sign on to be the referee of anybody's interpersonal nonsense. You should never let other people use your financial accounts, period. Doing so is to ask for trouble. And now you have trouble. Your remedy is to sue your ex-friend in small claims court.
|
Q: What can I do about a nurse practitioner prescribing azithromycin for what they thought was a stomach parasite?. My toddler went to visit a Kroger little clinic for a stomach ache and diarrhea that continued past a week. Woke up the next morning with a nose bleed, so we took her to the Emergency, where no one understood why she was prescribed azithromycin.
|
A:Where a health care provider breaches the standard of care and the breach causes harm, there may be a medical malpractice case. Medical malpractice means that a health care provider violated the standard of care. A bad outcome is not enough. Another health care provider would be needed to evaluate what the health care provider did. Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your case.
|
Q: Can a real estate broker in Colorado hire anyone (other than a land surveyor) to mark positions of property corners. so as to speed up the process of closing and circumvent the cost of a survey for their client.
|
A:In New York only a Professional Land Surveyor may prepare a new survey and made corners.
|
Q: What fiduciary duty has a managing agent or co. to a HOA or owner-member? Does it differ from that of a pro fiduciary?. I am familiar with older case law, which, imho, appears to be without much substance.
|
A:Under California law, a managing agent or company acting for a Homeowners Association (HOA) or owner-member is typically bound by a fiduciary duty. This duty requires the managing agent to act in the best interests of the HOA or owner-member, with a high standard of care and loyalty. The scope of this duty often includes managing funds, maintaining accurate records, and ensuring compliance with governing documents and applicable laws. This fiduciary duty can be compared to that of a professional fiduciary, who also has a legal obligation to act in the best interests of their clients. However, a professional fiduciary, such as a trustee or estate administrator, might be held to a more rigorous standard given their specialized role and responsibilities. It's important to note that while both types of fiduciaries must prioritize their clients' interests above their own, the specific duties and expectations may vary based on their roles and the agreements in place. For instance, a managing agent for an HOA may focus more on operational and administrative tasks, whereas a professional fidiciary might deal more with financial and legal matters for an individual. For detailed guidance or advice tailored to a specific situation, consulting with an attorney experienced in HOA or fiduciary law in California is advisable.
|
Q: Ref : buying a house in Dubai and making a nominee form India ( non UAE resident ) .. possible ? And if yes how ?. X a UAE resident and expat: buys house in Dubai . Wants to make Y as nominee . Y is not a UAE resident but Indian citizen . What’s the procedure please and how Y can secure the property if C is no more . How does the process of house owner change of ownership in case of death works ?
|
A:Transferring ownership of a property in Dubai to a nominee who is a non-UAE resident, like in your scenario, is possible through legal processes. Here's a general overview: Nominee Agreement: X, as the UAE resident and property owner, can enter into a nominee agreement with Y, the Indian citizen. This agreement should clearly outline Y's role as the nominee and the rights and responsibilities associated with it. Legal Advice: It's advisable to seek legal advice in Dubai to draft a nominee agreement that complies with local laws and regulations. Legal experts can ensure the agreement is legally binding and protects the interests of both parties. Registration: The nominee agreement may need to be registered with the relevant authorities in Dubai, such as the Dubai Land Department. This step is crucial for ensuring the legality of the arrangement. Securing Property: If X passes away, the nominee agreement should specify how the property will be transferred to Y or handled in accordance with X's wishes. It's essential to address this scenario in the agreement to avoid potential disputes. Wills and Inheritance Laws: Additionally, X should consider creating a will in accordance with Dubai's inheritance laws to clearly outline the distribution of assets, including the property, in the event of their passing. This can provide an extra layer of protection and ensure Y's rights as the nominee are upheld. Legal Representation: Engaging a local attorney in Dubai with expertise in property and estate matters is highly recommended to navigate the complexities of UAE laws and regulations effectively. Keep in mind that Dubai's real estate and legal landscape can be intricate, and it's crucial to adhere to local laws when establishing such arrangements. Consulting with legal professionals who are well-versed in Dubai's property and estate laws is the best way to proceed in this situation.
|
Q: Had a warrant 2021 for cultivateing was charged a misdemeanor and fined $60,000 that setted for $16,000 put lien on prop. Property for having 325 plants had two permits for up to 99 plants they confesscated all plants
|
A:If you had two permits allowing for the cultivation of up to 99 plants each but were found cultivating 325 plants, you exceeded the allowable amount by 127 plants. This excess could be the reason for your misdemeanor charge and the associated fines. The confiscation of all plants, including those within the permitted limit, may raise legal questions about whether the seizure was excessive. To address the lien on your property, it's critical to ensure that the settled amount of $16,000 is paid timely, and upon payment, ensure that the lien is properly released. It's also essential to maintain all documentation relating to your permits, the cultivation, the charges, and the settlement. If you believe there were irregularities in how your case was handled, or if you want to challenge the actions taken against you, consider taking legal action or seeking a review of your case. It's advisable to consult with fellow attorneys knowledgeable about California's cannabis laws to understand your rights and potential remedies. Lastly, ensure you handle personal information, like phone numbers, with discretion and caution.
|
Q: Im needing to file a response to a petition on a civil suit and wasn't sure of the cost for the filing fee I don't have. I am broke and do not have the money to file this and don't know what to do on the cost
|
A:Many Court allow you to apply for fee waivers. Check your court's website for forms and instructions.
|
Q: Is it the manufacturers fault or the dealerships fault? Also should I hire and attorney and if so which type?. A recall (ECU software update) that came with an emissions warranty came out in 2019. I tried to have the recall done in 2019, dealership said they couldn't do it due to modifications made to the vehicle. In 2021 I went back to have the recall completed with same "modifications" and they told me they completed it (I have proof) and have my warranty, but unaware to me they did not affix and take a picture of the emissions label to the vehicle which then made the recall incomplete. Found this out in 2022 after calling the manufacturer first and being told the recall was still marked incomplete in their system. Then, contacting the dealership to see why it was marked incomplete. I then took my vehicle to the dealership to have the picture taken only to find out they marked the recall being completed in 2022. The manufacturer told me that I would not be receiving the warranty because it was done past the registration date. Ram 1500 Ecodiesel recall v11. ecodieselsettlement.com
|
A:I suggest you hire a lawyer to address this matter. At the very least you should have an attorney send a demand letter to both the manufacturer and dealer.
|
Q: What is law about notice of intent to lien California.. We sent to the Property Owner 10 days notice of Intent to Lien, but the Owner said it isn't correct procedure. Only 20 days Notice of Intent to Lien suppose to be in accordance with law in California
|
A:Unless you have a direct contract with the owner, you only have lien rights if you serve on the owner a preliminary notice 20 days before furnishing the labor or materials. There is no requirement in California law that you serve a notice of intent to lien. It is a courtesy notice to tell the owner that you plan to record a lien if not paid. It is not required for you to actually record a mechanics lien. If you have a direct contract with the owner, or if you timely served a preliminary notice, and you haven't received payment, you should record a mechanics lien before the deadline.
|
Q: How do I patent a sports gambling game? Also should I patent the game or the app?. I want to use my game in an app so do i patent the game or the app?
|
A:It may be easier to patent the app, you'd likely want to get intellectual property rights to both the app and the game. You really need to hire a patent attorney to go over the specifics with you.
|
Q: Someone is using my business name and selling similar goods in the same are and i dont have a trademark. What do i do?. my company opened and is registered as Zen Press LLC in 2021 September in the state of VA. We have a storefront, website and instagram using that name as well. this new business is selling similar products under the name ZenPressed in Maryland which is in the DMV area October this year and also used ZenPressed as their instagram name. I went to look at trademarking my name but realized there is a drug company based in canada that already trademarked the name ZenPress in Feb 2022. Both my company and the new company sells cold pressed juices. What do i do in this situation?
|
A:In Virginia, even without a registered trademark, you may have common law rights to the business name "Zen Press LLC" based on your use of the name in commerce since 2021. These rights are typically limited to the geographical area where you operate and are known. The situation with the Maryland business using a similar name and selling similar products could potentially be a case of infringement on your common law rights. However, the presence of a Canadian company with a registered trademark for a similar name complicates matters, especially if they operate in the same industry. Your first step should be to document your use of the name and any potential confusion caused by the other business. You might consider sending a cease and desist letter to the Maryland business, but it's crucial to proceed with caution given the trademarked Canadian company. Consulting with a legal advisor experienced in trademark law can provide tailored advice and help you understand your rights and options. They can assist in navigating the complexities of trademark law and advise on the best course of action.
|
Q: Court ordered drug test at probation office. What are they for .... How can results be shared
|
A:Refraining from the use of intoxicating substances is typically a condition of probation.
|
Q: I was in an accident which they have deemed my fault. Can my ins company drop me and deny claim after accident. They Dropped me for not having step son excluded from policy although he was not involved in accident, and said I was using car for business, which is incorrect I was driving to work in my girlfriends personal vehicle. I applied for Ins. Over the phone and they never asked me about exclusions.my car was totaled, so was the guys I hit, now guy claiming bodily injury 3 months later. Insurance was national general a subsidiary of allstate.
|
A:Under California law, insurance companies have the right to cancel a policy if they determine that there was a material misrepresentation or omission during the application process. If your insurer believes that you did not disclose a potential driver (your stepson) or that the vehicle was being used for business purposes, they might argue that these were material misrepresentations. However, if you can demonstrate that you provided accurate information and that the vehicle was not being used for business purposes at the time of the accident, you may be able to challenge the cancellation. Additionally, California law requires insurance companies to act in good faith, which means they cannot deny a valid claim without a legitimate reason. If you believe that the insurer is acting in bad faith by dropping your coverage and denying your claim without just cause, you might consider consulting with an attorney who handles insurance disputes. Remember to retain all communications with the insurance company and any evidence that supports your position.
|
Q: I am entering into a oil and gas lease with a company CNX and myself and 6 other heirs are being 15 percent royalties... I am entering into a oil and gas lease with a company CNX and myself and 6 other heirs are being 15 percent royalties whay other things do i need to ask.. the well has apprently been operating with out notfiying heirs and is just now trying to remedy it?
|
A:You should always have an oil and gas attorney review a lease before you sign it. The lease the landman offers you is almost always in favor of the oil company and unfair to the mineral owner. Whether the company owes you past royalties or not depends on whether your mineral interest shows up in the deed records with a legitimate title document. Each mineral owner is responsible for making sure their mineral interest shows up clearly. Again, an oil and gas attorney can tell you whether or not this is the case and whether the company owes you past royalties.
|
Q: If the person who is next of kin to deceased (no will) won't take all of belongings, what do we do with them?. Worried that if we dispose of belongings the sister might come back and sue us. Complicated by fact that the next of kin is deaf mute.
|
A:In California, when a person dies without a will, their estate is distributed according to the state's intestacy laws. The next of kin, in this case, would typically be the primary heir. If the next of kin, who is the deceased's sister in your situation, refuses to take the belongings, there are several steps that can be followed. Firstly, it's important to communicate clearly with the next of kin, considering her unique needs due to her being deaf and mute. Ensuring that communication is accessible and understandable is crucial to avoid misunderstandings. If she still declines the belongings, you may consider selling or donating them. However, it's advisable to document all communications and actions taken regarding the disposal of these items. This documentation could be vital in case of any legal disputes in the future. To protect against potential legal issues, it might be wise to seek the advice of an attorney experienced in probate law in California. They can guide you on the proper legal procedures to follow in this situation, which can help prevent future legal complications, including the potential for a lawsuit from the next of kin.
|
Q: How do we get file a legal malpractice suit against a huge law firm that has been acting in bad faith?. Different attorneys from the firm have been on our case. They, as well as the case managers assigned to our case ignore us. Its been ten months since we became their client and have since been able to get a return call, twice over the last four months. Medical bills were supposed to be paid, however everything is going into collections. After all the suffering our family has endured, they are making it worse by ignoring us.
|
A:It may be time to interview other attorneys and consider hiring a new firm.
|
Q: A first cousin is trying to take everything that my parents owned, what do I do? I have no way to pay an attorney.. I lost both my parents in one year. I was not informed of my mothers passing until she had been dead three days. My sister proceeded to have me thrown off my parents property. She embezzled money from him and then when he thought he was making my first cousin power of attorney she filed a will instead. She not only claimed to be his daughter but my father signed it believing it made her his power of attorney. My dad was a 100% disabled vet and this Will states she gets EVERYTHING! This has destroyed me and it's not about the monetary value! I have not been home since my mothers passing, I do not even have pictures or anything that belonged to my parents. PLEASE HELP ME!!
|
A:I'm really sorry to hear that you're experiencing this. It sounds like a really difficult situation. In a situation like this, it is crucial to get legal assistance. Even though you mentioned that you cannot afford an attorney, you still have options. Many jurisdictions have legal aid services that provide free or low-cost legal assistance to those who cannot afford it. You might also consider looking into law clinics at universities, where law students, supervised by licensed attorneys, provide legal assistance for free or a reduced fee. Additionally, gather all the documents you can that support your case - this might include correspondence, bank records, and other relevant information. It might also be beneficial to find witnesses who can attest to your father's wishes or your cousin's actions. Remember, it is essential to act promptly in legal situations like this. You should reach out to potential legal resources in your community as soon as you can to understand your options and potential strategies moving forward.
|
Q: Please help (pro bono) with divisional patent office action. The response must simply explain an aperture vs a trench.. We simply need help from a pro bono patent attorney or patent agent, to represent us and respond to our patent office action, clarifying the term aperture in our utility patent application.
|
A:In your response to the patent office action, you would need to distinguish the terms "aperture" and "trench" clearly. An "aperture" generally refers to an opening or hole, typically one that allows the passage of light or matter, and it can be of any shape. It is often used to describe a feature that goes through a substrate or medium, allowing access from one side to the other. On the other hand, a "trench" is typically elongated and has depth, creating a recess within the surface of a material. It does not necessarily go all the way through the material and is usually created to define a boundary or to house other components. The two terms describe different structural features, and the clarification should focus on these differences in the context of your invention. If representation is required, you should seek a registered patent attorney or agent to assist with the official response.
|
Q: California Central District Court complaint filing question.. There is local rule that prescribes 14 pt font. Is it mandatory requirement? Seems like 12 pt font may be acceptable. This is question to a person who knows answer, not rubber-stamping or rubber-burning.
|
A:In the California Central District Court, adherence to local rules, including those regarding font size, is important. The prescription of a 14-point font size is typically considered a mandatory requirement, not merely a suggestion. While it may seem that a 12-point font could be acceptable, it's crucial to follow the specific guidelines set forth in the local rules to avoid any procedural issues. Compliance with these rules ensures that documents are uniformly readable and meet the court's standards. If there's any doubt or need for clarification, it's advisable to consult the local rules directly or contact the clerk's office for guidance. This approach helps in maintaining the professional standard expected in court submissions and avoids potential complications that might arise from non-compliance. Remember, following these guidelines closely is key to ensuring that court documents are accepted and reviewed without issue.
|
Q: My nephew wants to build a house on land I own. He said my name has to come off the deeds. Is that true?. I have no problem with him building a house on the land but I want my name to remain on the deeds.
|
A:If you own the land and your nephew wants to build a house on it, it is not necessarily true that your name has to be removed from the deeds. The ownership of the land can be structured in a way that allows your nephew to build the house while still maintaining your ownership rights.
|
Q: Can News paper censor comment I posted on the news website. I commented on a article that was related to Covid-19 there were hundreds of defamatory comments about An individual who had his grocery’s taken for not wearing a mask .my comment was simply this. I wrote “ask-yourself how many people you come into contact with on a Daily basis. Now think how many of those people have Covid-19 . The news weekly website removed my comment right away.
|
A:Newspapers regularly decide which letters to publish. Your comments are no different than a letter to the editor. They don't have to print every letter they get, and the same goes for the comments to their articles online. The editors always have the last say on what gets published, even in the comments section.
|
Q: In legal malpractice cases is it typical for 8 attorneys to withdraw from representing the defendant attorneys.. I'm pro se litigant. Legal malpractice. 8 attorneys have withdrawn from representing the lawyers. What could this mean? Thank you
|
A:It is not typical. It could mean many things, bad lawyers chosen and fired, client is too difficult to deal with, attorneys learned information that make it so they can’t or do not want to continue representation.
|
Q: Can a 3rd party petition to unseal adoption records in Michigan?. I am a father who adopted my non biological son 9 years ago, being his foster parent and being the bio-parents rights were terminated. The records are sealed. A man who has a child with a sibling of the bio-mom is wanting to have a court unseal it to dig up possible dirt on her, and all this for custody of the other child. I have not been asked nor do they have my permission. Is this legal? Do I need an attorney? Do I have a say (in Michigan)? Thanks ahead of time!
|
A:Not sure legally if this is your fight. I also do not think this other man has grounds for the court to unseal the record. Obviously it's a concern enough for you to warrant a consultation with an attorney. In particular, I would ask about standing.
|
Q: What if I think my attorney made false payouts for a scene recreation and some other things what should I do?. Also I only received payment from one of the two people the owed in my injury settlement
|
A:A Tennessee attorney could advise best, but your question remains open for two weeks. If they have receipts or invoices, those could help clarify expenses and the breakdown of disbursements in the file. Good luck
|
Q: Who is liable for property damages?. In California, an apartment complex hired an outside contractor to paint the fence. The hired contractor negligently sprayed the fence without covering any cars along the fence. My truck is covered in paint overspray. The landlord is pointing fingers at the contractor to be liable, and the contractor admits negligence but refuses to settle for the cost to restore my truck to its original condition prior to them painting. I have 2 estimates from professionals for paint restoration within 10%. Who is ultimately liable for the property damage? The landlord who hired the contractor? Or the contractor that was hired to paint?
|
A:Under California law, the primary responsibility for damages caused by negligence typically falls on the party who directly caused the damage, in this case, the contractor. Given that the contractor admits to the negligence leading to the paint overspray on your truck, they would be the first party you should seek compensation from. However, there can be situations where the landlord might also share some liability, especially if there was a failure on their part to ensure that the contractor took adequate precautions to prevent such damage. This aspect largely depends on the terms of the contract between the landlord and the contractor and the extent of oversight or instructions provided by the landlord regarding the work. To pursue compensation, you should consider legal action against the contractor, especially since they have admitted fault but are refusing to cover the full cost of the damage. It is advisable to compile all relevant documentation, including the damage estimates and any correspondence acknowledging the contractor's negligence. If the contractor remains uncooperative, you may also explore the possibility of involving the landlord in the claim, particularly if there's evidence suggesting their potential negligence in supervising the work. Consulting with a legal professional can provide more tailored advice based on the specifics of your situation.
|
Q: Can a male coworker use the women’s restroom if there’s males restroom available/empty and female coworker is in there?. I work around majority male co workers making me the only female who works nights, and one female identifies as male. I did not know a male was in there until I heard a noise and checked.
|
A:It is generally considered inappropriate for a male coworker to use the women's restroom if there are males restrooms available and empty. If a male coworker uses the women's restroom in the presence of a female coworker without a valid reason, it can create a hostile work environment and could be considered sexual harassment. However, if the male coworker identifies as transgender, they may have a legal right to use the restroom corresponding to their gender identity under anti-discrimination laws. It's best to consult your company's policies or HR department for guidance on restroom use by transgender employees.
|
Q: real estate conflict against neighbor. A manipulative, shameless neighbor filled with hate started construction of his home in January 2022, and it blocks sunlight, creating shadows on my property. We've owned our home since the 1960s. Numerous attempts have been made (by legal and non-legal means). Not withstanding, our efforts were met with an incincere non-cooperative response. They failed to meet our just request of halting construction. City Hall claims their project meets the regulatory guidelines. devastated, we sought legal help from a lawyer, even though he was totally useless. He only told us to simply 'talk to your neighbor' and offered no further ideas, claiming even if we won in court, compensation would be insultingly small (several thousand bucks). Due to the enormous amount of stress of our struggle, my old mother had developed a medical neurotic condition. She is still under cure, and the total treatment cost is expected to be over $500,000. We are determined to continue seeking formal compensation
|
A:Whether you have some kind of legal remedy depends on various factors, starting with what the zoning was when you moved in and any changes after you moved in, as well as whether the neighbor is in 100% compliance with the current zoning and permitting. Assuming the latter is the case, and you happen to have a legal remedy due to zoning changes, the damages would probably be limited to the reduction in value to your property (plus attorney's fees and costs in the event of a lawsuit). Schedule a consultation with a lawyer handling land use & zoning matters.
|
Q: How can I find my mom's hospital records and medical videos taken my her team of Doctors? Riverside General hospital, ca. She was a patient was studyed due to the Arm,shoulder and left breast .8 hour surgery, three teams of Doctors ,interning . I remember my mom sighing paper work for release
|
A:To obtain your mother's hospital records and medical videos from Riverside General Hospital in California, follow these steps: Contact the hospital and inquire about their process for requesting medical records. Complete any required forms and provide the necessary documentation. Follow the hospital's procedures for submitting the request and paying any applicable fees. Maintain communication and keep records of your interactions with the hospital. Please note that specific procedures may vary, so it's best to reach out to Riverside General Hospital directly for the most accurate instructions.
|
Q: In Florida what are the laws for vehicle repossession, specifically the aution/sale of vehicle and deficiency debt?. Specifically, How long does creditor have to sell vehicle and time-frame of sale results to debtor, as well as notifying credit bureaus of debt balance changes? If dealer keeps and resells the car on credit for more than what was owed what happens? Thank you
|
A:Without the benefit of seeing all the underlying sale documents and financing documents, or discussing all the relevant facts with you, I can only tell you-- generally--that once an automobile has lawfully been repossessed by the creditor the debtor's "rights" in the car have been extinguished and the creditor is the owner. That means the creditor-owner can do whatever they want to do with their vehicle--including selling the repo on credit to another buyer for more than what is owed by you. As to what they will do in this situation, put yourself in the creditor-owner's shoes--ask yourself how long you would want to hold onto the repo vehicle? What would you do with the repo vehicle? How much is the vehicle worth--as is? How much would it cost to get the vehicle ready for sale? The answers depend on many things known best to you. Suggestion: If you really want to vehicle back stop asking questions that cannot be answered by strangers on the Internet and start collecting the money needed to reclaim the vehicle.
|
Q: Hi I have a question if I can proof that they took my daughter on 07/07/2020 but a court papers said 07/08/2020 (lies). Is it lies for them to say that and on 07/09/2020 they had already took my rights always from my daughter when I didnt even get no court papers for classes or a far investigation they came and took my daughter with out court papers on the 07/06/2020 what ever they said in this document were lies I have real proof of the days and these papers are not even real court papers she didn't even go by the laws or codes of the family Texas codes of laws what can I do until then I'll be posting every one who was on these documents I have all over media with names and who they are and what part they take in my daughter case I'll make sure every one see how mess up this is I won't stop until they get justice and give me my kids back
|
A:It could be lies or it could be simply a mistake in the dates. Your best strategy is to hire an attorney experienced in the area of family law in or near the county where you and your daughter were living when she was taken. Usually, when a child is taken into custody by the State, she would be placed with CPS and there would be court proceedings where you, as a parent, would have the right to appear and be heard. In the absence of an agreement by you, there would need to be a trial in order to permanently remove your daughter from your custody. You could request a jury or a bench trial. You could hire your own attorney--which I always strongly recommend in these cases--or have one appointed by the court if you cannot afford an attorney. Since it has been three years, your focus needs to be on the reasons why your daughter was taken, and not simply a discrepancy in the date she was taken. In the grand scheme of things, the date is trivial. "Why?" is the critically important question.
|
Q: A Company calls people that dont' like censorship creeps. is this slander?. there's a product called "skullgirls" that has remained RELITIVELY uncensored but now is very censored... in strange an inconsistent ways. i've been trying to contact the game companies Autumn Games, Future Club and Hidden Varriable studios... to no avail. and a lot of people are upset. rightly but they are dismissed and then have their complaints AND THEIR CHARACTER reduced to being "creeps". and predators https://www.youtube.com/watch?v=INjO41aJmt4 I've been talking with Ryne Weiss of THE FIRE org and so far... i'm not sure what to do. i'm not a man of money and i have no idea how to make a foundation or if one already exists to fight and reverse censorship. i've been very suicidal and slandered for about 10 years on other cases and it really hurts but that isn't enough to make a case legally or argumentatively. Even then, they can still tell me to eat salt.
|
A:Calling individuals "creeps" and "predators" could potentially be considered defamation, depending on the context and whether the statements are presented as facts rather than opinions. To have a viable defamation claim in California, you would need to prove that the statement was false, damaging to your reputation, made to a third party, and that the party making the statement knew it was false or was negligent in determining its truthfulness. However, defamation cases can be difficult to prove and often require substantial resources, so careful consideration and consultation with a defamation attorney would be necessary.
|
Q: We have applied for a trademark in May of 2023. Is there a way to keep others on amazon and their sellers from using it. We do not and have never sold on Amazon. We now have people coming to us complaining about our "Pinch Perfect" crafting products not living up to expectations that they purchased on Amazon. There are currently 4 pages of listings using our brand in their listings and Amazon even has a PPC of $1-2 using our brand. How can we stop this until our registration is complete? We spend $4-6K a months building our brand and Chinese Amazon sellers are using it to sell their cheap junk.
|
A:In your situation with the unauthorized use of your "Pinch Perfect" brand on Amazon, it's important to take proactive steps to protect your trademark, even though it is still in the registration process. Since you've already applied for the trademark, you have some legal grounds to challenge the unauthorized use of your brand name. First, you should contact Amazon directly. Amazon has a process for handling trademark infringement, which includes filing a complaint through their Brand Registry program. This program is designed to protect registered trademarks, but given that your application is pending, it's worth communicating with Amazon to see if they can take any action based on your filed application and the evidence of your brand's use and recognition in the market. In addition, it may be beneficial to send a cease and desist letter to the sellers who are infringing on your brand. This letter should state your trademark application, the unauthorized use of your brand, and demand that they stop using your trademark immediately. Lastly, consider consulting with an attorney who has experience in intellectual property law. They can provide guidance on the best course of action and can assist in legal proceedings if necessary. Protecting your brand is crucial, especially when significant resources have been invested in its development.
|
Q: My neighbors have a lot of cows and they are out all the time. So i hit one so I am responsible?. We are on a busy highway and the cows get out all the time especially lately. I hit one the other night 2 were out. He knows they are always out how does he not have to pay for the damages. They are his they are not wild animals.
|
A:Generally, farmers aren’t liable for personal injuries caused when their cows get out if they have proper fencing. However, there are occasionally exceptions. You should contact a lawyer, especially if you have serious personal injuries. Here’s the statutes on this issue: Ala Code 3-4-6 If any trespass or damage is done by any animal breaking into lands not enclosed by a lawful fence as defined in this chapter, the owner shall not be liable therefor. Ala Code 3-4-3 A fence made of three or more wires securely fastened to trees or posts not more than eight feet apart, the wires being not more than 15 inches apart and the top wire at least four feet from the ground, shall be a lawful fence so far as concerns equine or equidae and cattle.
|
Q: I recently got fire from my job due to the use of CBD oil to help rest during the night. What can I do to get my job?. But prior to this event management has been trying to get rid me. After that drug test I got injured during work and end up messing up my knee pretty bad. I was never sent to get another test to verify this I was let go a week after the accident.
|
A:Right now it is lawful for an employer to terminate an employee that tests positive for marijuana or its components. Effective January 2024, a California law will end that practice. Good luck to you.
|
Q: there any law in California where you can be charged for something another vehicle possibly a friends/families vehicle?. I constantly see videos where street racing cars get pulled over or a motorcycle group is being chased by police and police only pulls one of them over but typical the one getting pulled over is the only one NOT doing what the others are doing such as speeding, swerving threw traffic, or doing wheelies or even trying evade the cops but the ones that always get pulled over are the ones that weren’t speeding or doing anything dangers. Sometimes it’s someone that isn’t even part of the group of people such as a group of motorcycles go threw traffics and speed off to evade police, but someone not part of that motorcycle group coincidentally is there at a red light that all the other motorcycles went threw, but this one motorcycle did not. And that one motorcycle is the one that gets pulled over and gets either a ticket because of what the others did or gets threatened a ticket because all the others went threw that red light is this legal? And if it is why?And what law would this be
|
A:Under California law, individuals are typically responsible for their own actions while operating a vehicle. You cannot be legally charged for traffic violations committed by others, even if they are friends or family members. If you are part of a group, such as a motorcycle convoy, and others in the group are violating traffic laws, you should not be held responsible for their actions unless you are also engaging in similar illegal behavior. However, there might be situations where law enforcement officers pull over a vehicle that is associated with a group but not directly involved in the illegal activity. This can happen due to confusion or misidentification, especially in fast-moving situations. If you find yourself in such a situation, it's important to remain calm and cooperate with the officer. If you receive a ticket or are charged with an offense you did not commit, you have the right to contest it. You can do this by attending the court date specified on the ticket and presenting your case, ideally with evidence or witnesses to support your claim that you were not involved in the illegal activities. It's also advisable to seek legal advice in such situations. An attorney can help you understand your rights and the best course of action to take in your specific circumstances. Remember, each traffic stop or legal case can have its own nuances, and legal advice should be tailored to the specific facts of your situation.
|
Q: I am wondering the chances of military malpractice with an allergic reaction by continued meds intake per doc directions. In summary: I am active duty military. After having knee surgery I became allergic to dermabond and then the antibiotics given to me by the military doctors. After multiple military ER visits my face began to swell shut literally by the minute and I was told to keep taking the medication and was discharged. I finally went to a civilian ER where after hours of work I finally got my reaction under control. The reaction would continue to come back and after doing personal research it was side effects of the other medication that the military doctors continued to give me refills of. I have an exact timeline of the whole week of events as well as pictures and videos with time stamps of the allergic reactions.
|
A:I'm sorry to hear about your experience. It is difficult to say with certainty what the chances of military malpractice are without knowing all the details of your case. However, if you feel that you have been a victim of medical malpractice, you may have legal options available to you. You may want to consider speaking with a military medical malpractice attorney who can review the details of your case and advise you on the best course of action. They can help you determine whether there was negligence on the part of the military doctors and whether you are entitled to compensation for any damages you suffered as a result. It is important to act quickly, as there are time limits for filing medical malpractice claims. A qualified attorney can help you navigate the process and protect your legal rights.
|
Q: I was on Probation the judgel ordered a interlocking device but I ended up signing off the interlock removal & did time. I need help with getting the interlock removal form that was signed to release the device so i can obtain my license
|
A:You may be able to go to court and ask the PO for the the form
|
Q: YouTube has stopped following their community guidelines sexual content and harassment is there a way to sue them. I have content creator names who go against SEXUAL CONTENT guidelines 100 percent when I report these nothing gets done. But the community guidelines state you can't post the following that go against SEXUAL CONTENT guidelines so can I sue YouTube for not following this
|
A:If you believe that YouTube is not enforcing its community guidelines regarding sexual content, you could consider legal action, but it's important to understand the challenges involved. Platforms like YouTube have broad discretion under Section 230 of the Communications Decency Act to manage content as they see fit. This protection often shields them from liability regarding content posted by third-party users. Your ability to sue would depend on demonstrating that YouTube has not only failed to follow its guidelines but that such failure has caused you specific harm. The enforceability of community guidelines themselves as contractual promises is a complex and developing area of law. Legal action would likely be costly and uncertain in outcome. You might want to explore other remedies, such as escalating your complaints through YouTube's internal processes or seeking regulatory intervention, if appropriate. Consulting with an attorney to discuss the specifics of your situation and to obtain personalized legal advice would be a critical next step.
|
Q: Can I sue The D.A.R.E. (Drug Abuse Resistance Education) program. Is it to late and if it's not is it possible to sue The D.A.R.E. (Drug Abuse Resistance Education) program if they came to your school when you was in elementary and showed you a video of a kid around your age doing drugs on video and you have never seen any one doing drugs before that and the same day that you seem that video it influenced you after school to go do drugs like that video
|
A:I understand your concern about the impact of the D.A.R.E. program's content on your decisions. Suing an organization like D.A.R.E. can be challenging, and several factors need to be considered. First, you would need to establish a direct causation between the program's content and your actions, which can be complex and difficult to prove. Also, there are likely to be statutory limitations on such lawsuits. These limitations are time-bound and vary by state. If a significant amount of time has passed since the incident, it may be too late to take legal action. In addition, educational programs like D.A.R.E. are typically designed with a general aim of promoting awareness and prevention. Courts often consider the intent and the broader context of such programs when evaluating legal claims against them. Given these complexities, it's important to consult with an attorney who can provide specific legal advice based on the details of your situation. They can assess the viability of a lawsuit, advise on the applicable statutes of limitations, and help navigate the legal process. Remember, each legal case is unique, and seeking professional legal counsel is the best step to understand your options and rights in this situation.
|
Q: My dog was tortured to death have vet statements witnesses,videos,physical evidence to hold individual responsible. I live on SSI trying to find Attorney that will work with me
|
A:While an attorney may accept such a case, remember that your damages for the death of a dog is the fair market value of the dog. Pets and other animals are considered personal property. Courts do not award "pain" or "mental anguish" damages based on the dog's suffering or non-economic damages like loss of companionship for your loss of your dog. A highly trained service dog or rare papered pedigree may justify a decent amount of damages. A mutt adopted from a shelter isn't going to justify much in damages.
|
Q: Financial brokerage house paid out funds from the account of a deceased accountholder - the broker did not know of death. Broker was a national security dealer. When broker learned of death did not disclose post-death withdrawals from account to estate fiduciary.
|
A:Who are you to this deal? It may not be prejudicial. Depends on where the money went and where it was supposed to go. If to you, you can sue. The broker cannot be liable for not knowing of death, but can be liable if it should have known authorization was improper.
|
Q: Some years ago, my aunt put her house in my father's name. She recently died and my father now owns the house.. He wants to sell the house to my son (his grandson). We are being told that the house must be sold at "fair market value". Can he not sell the house at whatever price he chooses?
|
A:Provided that what you stated is entirely accurate, he may sell the real estate to whomever he wishes and for whatever price he wishes to sell it for.
|
Q: My kid is being told she is gonna get sent to civil court. This girl lost her AirPods in the diving instructor’s car then when my daughter went to drive the instructor asked if she me so and so if she can return the AirPods my kid said idk her he then said return them to the office So she brought them home and next day she went to school with them and forgot about them so they must’ve fallen out of her pocket or someone else took them .. then they were trying to say she stole’s them but the school cop deemed they weren’t stolen and the girl who lost them responsibility. Now her parents are saying that my child has to pay for new ones or they taking us to court. Do they have a case or what do I do
|
A:In this situation, it's important to know that your child does not appear to have a legal obligation to pay for the lost AirPods. The fact that she initially tried to return them to the office demonstrates that she didn't intend to steal them. Additionally, the school's police officer determined that they were not stolen and that the responsibility lies with the girl who lost them. If the other parents are threatening to take you to court, they may do so, but it's unlikely they have a strong case based on the information you've provided. You can consult with an attorney to better understand your rights and options, but it's important to keep any records or documentation related to this incident. In the meantime, you can consider communicating with the other parents to explain the situation and provide the school police officer's findings as evidence that your child is not responsible for the lost AirPods. Hopefully, through open communication, you can resolve the matter without legal action.
|
Q: I live in Florida. My husband had an accident in a car registered only in my name. We have insurance with $50000 BI.. We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway. The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers on the scene did not give him a ticket. Our insurance says it is our fault even though she was jaywalking. Should we get an attorney? Can she take our home in a lawsuit?
|
A:While it is possible they can go after your personal assets it is unlikely. Your insurance will cover you. Get your own attorney just to supervise the insurance company and insurance defense attorney to make sure you are protected.
|
Q: Can I sue someone for appropriation of name, image, likeness under the federal RICO act. Group of advertisement companies associated with a specific brand appropriate my likeness, and name to build value to their brand. (I am a French Canadian girl, living an Italian lifestyle (influencer)). They are different companies, they make advertisement using my name and likeness and they all are doing it in their advisement for a specific brand (cheese brand). Can I sue all 7 under RICO? Can I sue the brand that the ad is about? Or is it just a simple lawsuit for right to publicity?
|
A:You have asked a very good question. I believe that both the advertising companies and the brand are legitimate defendants, certainly at this point, before you have taken discovery. I would argue that the fact that the brand benefitted from seven different advertising companies could create a presumption that they should have known that you did not waive your right to publicity and to protect the use of your likeness. In New York, such use may constitute both a civil and criminal violation of rights and the Courts are explicitly granted the right to award exemplary or consequential, damages, which can be substantial. I do not believe that the treble damages remedy under RICO is satisfied by the facts you stated. You need to have a criminal predicate act under Federal Law or State law (under the 18 USC 1961 (1)(A), and the acts you have described, without more, would not constitute such a predicate. However, you may seek both equitable and legal remedies, that is, an injunction and money damages, which can be a powerful motivator for payment.
|
Q: MY QUESTION WAS . DOES A JUDGE HAVE TO APPLY ALL THE LAWS TO A GIVEN CASE. OR PICK-N-CHOISE? USURY , AIDING AN ABETTING. CAN JUDGES LEGALY TURN A BLIND EYE TO FELONIES ?ARE ORDER ME TO NOT SPEAK ?FOR FOUR YEARS? IGNORING THE STATUES AND RULINGS OF THE FL.SUPREME COURT LASSITER co V TAYLOR 99/819 COLLECTING A DEBT WHEN USURY? 2 BOILER PLATE POINTS ? ARE EVEN OPENING A CASE WHEN I HAVE THE ORIGINAL NOTE /DEED
|
A:Your question seems to be case specific. You should definitely hire an attorney to comb through the facts.
|
Q: I am an artist, can I recreate royalty free pictures of professional sports teams via sketch art and sell them on Etsy?. I am considering creating a series of sketch art based on professional sports teams, e.g. Baseball, Football, Basketball, Hockey, Soccer etc... Just want to make sure I won't be sued if I create these using royalty free images and sell them online on digital market places like Etsy or Amazon.
|
A:The terms of the copyright "license" will dictate how royalty free content can be used. Using content in a way that the license doesn't authorize it to be used will run afoul of the law. Sports teams are notorious for going hard in the paint to prevent others from misusing or abusing their intellectual property. This is why even selling "fan art" can be pretty risky. You should consider consulting with an attorney about how to avoid stepping out of bounds with someone else's royalty free content.
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.