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Q: How would the new bill Govenor Newsom signed for Waterfowl effect our property if Mallard ducklings did damage to our p. On June 16, 2023, 1 mother Mallard and her 10 ducklings came into our yard because their is a swimming pool. We opened the gate and let them into the swimming pool, because they would die if they did not find water. Given some thought, we let them stay and drained the water and did many things to help with their recovery into the enviornoment. And, as we did research we found that Govenor Newsom signed some bills to help bring back the numbers that have drascially decreased. Would our home insurance help cover cost of the damage the Mallard ducklings have done? In other words, would the insurance company help pay for the cost of the pool damage since it is a new law to help in the recovery of Mallard ducks? Thank you for any information, and where I could go to find out more about the new bill.
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A:The new bill signed by Governor Newsom to help waterfowl, including Mallard ducks, does not automatically entitle you to insurance coverage for any damage caused by the ducklings to your property. Home insurance policies typically cover specific perils, and damage caused by animals may or may not be included depending on the policy's terms and conditions. It is essential to review your home insurance policy to understand what types of damages are covered and whether animal-related damages, such as those caused by Mallard ducklings, are included. To find out more about the new bill and its specific provisions, you can refer to the official California Legislative Information website (leginfo.legislature.ca.gov) or consult with a local environmental or wildlife expert who can provide you with more details on how the law may impact waterfowl recovery efforts in California. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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Q: Can it be construed as threatening to tell someone if they do not pay you what they owe you you will take them to court?. Basically my old boss owes me decent amount of money. He has no intention of paying it. I don’t want to have to go through the legal process. If I were to sit down with him and basically tell him “So you owe xxxx. You know you do. I know you do. I don’t want to have to make this a legal thing but if you refuse to pay me I’ll have no other choice but to go to court. Then we both go through a long legal process and you still pay me anyways.”
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A:Threatening to take someone to court if they do not pay a legitimate debt is legal. Threatening someone with violence if they do not pay a debt is NOT legal.
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Q: A veteran that did three tours in Afghanistan as a marine came home and immediately went to work as an amazing police. Hoa just took this man’s house he’s a single father of two also spent many hours in the hospital with his stick daughter she was in there 6 months but over dirty siding and a tree they set a court date he didn’t even know about now his depression is bad I am his partner and his best friend I want to fight and keep him here
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A:I'm truly sorry to hear about your friend's situation. Homeowners Associations (HOAs) have certain powers under their covenants and bylaws, but they must also follow the law and proper procedures. If your friend was not properly notified of the court date or the allegations against him, there may be grounds to challenge the HOA's actions. It's crucial to promptly gather all related documents and correspondences. Seek legal representation, as an attorney can evaluate potential defenses and advocate on his behalf. Also, considering his military service, there may be additional protections or resources available to him. Lastly, due to his deteriorating mental health, I recommend seeking professional support for him during this challenging time.
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Q: I believe my broker is defrauding me and I suspect that other clients are being similarly defrauded. How do I contact. them to start a class action?
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A:You obtain the assistance of a lawyer to review the claims and he or she will assist in this regard if there is a claim to be brought. I would not worry about a class let’s start with what happened to you and whether there is a chance for recovery or a claim against the broker at issue. If there’s a class action generally you cannot profit from the Harm or injuries to others so although you would potential he be awarded A service award Consult a lawyer and get legal advice on whether there is potential liability and go over what happened in your fax and situation which may be different than other people who dealt with the same broker.
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Q: Wife disappeared, took our 3 kids out of state without notice or answering phone for weeks. Enrolled them in school but. She claims she hasn't changed her address, so how are the kids enrolled in a school, that she won't tell me where or what the names of schools are. We also had an open case with child services, and claims when she told them she left, they just closed the case. Does this sound legal& how do I get my kids back?
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A:You can file for divorce where you live. Once she is served you can ask the court to order her to return the kids to where you live. The longer she is away and establishing the children in a new city, the more difficult it will be for you.
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Q: False claims act, and punitive damages. False claim act In healthcare is federal law. According to California Health and Safety code section 32128 hospital is liable for punitive damages awarded to plaintiff, if hospital believes doctor was acting in good faith. Would Federal court hear punitive damages claim in qui tam claim?
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A:Under the False Claims Act, a qui tam action allows whistleblowers to sue on behalf of the government for fraud against government programs. In these cases, the focus is typically on recovering losses for the government rather than awarding punitive damages. However, if a case involves particularly egregious conduct, a court might consider punitive damages. In the context of the California Health and Safety Code Section 32128, if a hospital is found liable for punitive damages, it is because the hospital was believed to have acted with malice, oppression, or fraud, particularly if they thought the doctor was acting in good faith. Regarding your question about federal courts hearing punitive damage claims in a qui tam claim: Federal courts do have jurisdiction over False Claims Act cases, including those with punitive damages. However, the awarding of punitive damages in federal qui tam cases is less common and often depends on the specifics of the case and the applicable state law. It's important to consult with legal counsel familiar with both federal and state laws regarding the False Claims Act and punitive damages. Each case can present unique legal challenges and opportunities.
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Q: Can dnr officers search my house without permission in md if someone (lies) tells them i have a monkey inside my house?. They came and knocked on my door but i didn't answer. I was told by a neighbor that another neighbor that doesn't like me told the police or dnr that i have a monkey. But now I'm scared to sleep bc in scared they are gonna raid my house n i have really bad anxity and ptsd. I don't even want to be in my own house now
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A:They cannot raid your house unless they get a warrant.
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Q: Hello, I need to write an acknowledgement to the state of Maryland courts. I am not contesting to the charges. Of second degree assault against my finance. We both have one charge each against each other and didn't want to press charges but state automatically picked it up. I need to make sure I am writing the correct document that I need to have notarized and gives you the state's attorney
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A:Stop. Do not do whatever it is you are thinking of doing. Hire a criminal defense attorney before you do something truly foolish and irreversibly ruin your record and damage your career and prospects.
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Q: Does a delay of melanoma diagnosis constitute malpractice?. Some details will be light for privacy’s sake. I have a history of melanoma. I pointed out a spot to my dermatologist that ticked a lot of boxes for something suspicious but they diagnosed it as inflammation. I came back 2-3 months later since it wasn’t healing. The dermatologist did the pathology himself and said it was negative for cancer. I came back 2 months later since it still hadn’t healed and we tried more treatment as if it was inflammation. I came back again 1 month later since it still hadn’t healed and they biopsied again. This time it came back as cancer. I have been undergoing treatment at the hospital and their pathologist seemed to have found cancer in the earlier biopsy which means my dermatologist missed it. Based on not getting a biopsy on my first visit, and the missed biopsy 3 months later I feel like I have been a victim of negligence that has delayed my cancer care 5-6 months. Do I have a case?
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A:Yes you may have a case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Due to the nature of medical malpractice cases, the extent of the injuries may affect the viability of your case. Consult with experienced attorneys in the state where this occurred.
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Q: I took guardianship of my 84 year old mother, I am trying to get her ID for social security benefits, can you assist. She was a victim of elderly abuse and IHSS fraud from a caregiver, she just had heart surgery at loma linda hospital, all her identifications have been lost, I need to get her social security care, but need an ID, I have her Medical card and her EBT card, but nothing with a picture ID. When I received her, she came with just the clothes on her back, I have tried to get her ID, social securty cards, but they have been lost.
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A:You can obtain a replacement ID for your mother by scheduling an appointment with the California Department of Motor Vehicles (DMV). As her guardian, you’ll need to provide a certified copy of the guardianship papers, her Medical card, and her EBT card, as well as any other identifying documents you may have. The DMV may have procedures to help individuals in situations where standard identification documents are not available. Additionally, you should contact the Social Security Administration (SSA) to explain the situation and seek guidance on how to replace her Social Security card. They typically require a form of photo ID, but under the circumstances, they may have alternative methods to verify her identity, especially if her Social Security number is known. It's also advisable to report the lost Social Security card to prevent identity theft.
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Q: How can I win over an at fault driver who lies about leaving the scene?. I was in a minor rear ended accident in irving texas, the at fault driver fled the scene without sharing information. I have video of the crash . I called 911, later the cop called me and stated that other driver said he paid me cash on scene and has witnesses on that. Which is a lies. Did the police believe him and not penalized him? Can the other driver use the same agreement and make his insurance denied my claim?
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A:You would need to contact the police to find out if they believed him or not. While the at-fault driver most likely does not have the legal right or practical ability to make his insurance company deny your claim, an insurance company may decide on its own to deny a claim based on the facts presented. You have the right to sue the at-fault driver for your damages. If you sustained substantial bodily injury, many car wreck attorneys offer free consultations and accept such cases on a contingency fee. If your damages are less than $20,000, you can sue the at-fault driver yourself without an attorney in our justice of the peace courts which handle such small cases expeditiously.
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Q: Planning to register my home based online futures trading as an LLC. Does it matter in which state I register the LLC?. Trading is my full time occupation. I am a U.S. citizen living abroad all year, however I maintain a driver's license in Washington State.
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A:Selecting the state in which to register your LLC will depend on various factors, including your specific business needs and preferences. Since you maintain a driver's license in Washington State, you may consider registering the LLC there for convenience. However, you could also explore other states known for favorable LLC regulations and taxation, such as Delaware or Wyoming, if they align better with your business goals. Consulting with a business attorney can help you make an informed decision based on your unique circumstances.
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Q: Colorado vital records states that they do not provide long form birth certificate copies.. How can I get this information released to me? I know that I have a right to view my own birth certificate.
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A:In Colorado, if the vital records office states that they do not provide long form birth certificates, it usually means they issue a different version, often called a "short form" or "computerized abstract." This version typically contains less detailed information but is legally recognized for most purposes. However, if you require the long form for specific reasons, such as international travel or genealogy research, you might need to take additional steps. First, contact the Colorado vital records office directly and explain your need for the long form birth certificate. They may have procedures for special requests or can guide you on how to obtain a more detailed record. In some cases, older records might be stored in a different format or location, and the vital records office can guide you on how to access them. If the vital records office cannot provide the long form, consider reaching out to the hospital where you were born or the local health department in the area of your birth. They might retain original birth records or have further information on obtaining a long form birth certificate. Remember, each state has its own policies and procedures for vital records. If you encounter difficulties or need specific advice on navigating this process, seeking legal advice from an attorney experienced in dealing with vital records may help clarify your options and rights.
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Q: I live in Pennsylvania. Postmaster told me where to place my mailbox. Year later Borough voted mailbox isn't allowed. I've been getting mail at my house. Now the Borough voted to make any mailbox an ordinance and said I have to now get a p.o. box. Can they tell me how and where to get my mail?
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A:In a situation where a Borough changes regulations about mailbox placement after a Postmaster has already given you guidance, the legality of the situation can become complicated. Municipal ordinances may conflict with federal guidelines on mail delivery, and this could potentially be a point of contention. Typically, the U.S. Postal Service has jurisdiction over the placement of mailboxes, but local zoning laws and ordinances may also apply. The Postal Service itself is governed by federal law, but that doesn't necessarily mean it trumps local ordinances in all situations. If the Borough has enacted an ordinance that contradicts the Postmaster's instructions, you may need to take legal action to clarify your rights. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.
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Q: Do copyright protects every single lyrics of a song?. I am writing a short story I would like one of my lines to be "Tell that you love me even if it’s a lie" But blackbear IDCF song. Has a similar line in his song. Is this considered a original?
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A:Copyright law does protect the lyrics of a song, but it's important to understand the nuances. The protection generally covers the unique expression of ideas in the lyrics, not necessarily short phrases or common expressions. In your case, the line "Tell that you love me even if it’s a lie" is relatively common and could be considered a part of everyday language. However, if this line is a significant and distinctive part of Blackbear's song, using it could potentially raise concerns, especially if it's used in a way that might suggest a connection or endorsement by the artist or could be seen as borrowing heavily from the creativity of the song. In your short story, if the line is used in a different context, or if it's not central to the narrative or theme in a way that closely mirrors the song, it may be less of a concern. It's often about how the line is used, rather than the line itself. To be on the safe side, especially given the complexities of copyright law, you might consider altering the line slightly or using a different expression that conveys a similar sentiment. This approach can help avoid potential copyright issues while still maintaining the integrity of your story.
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Q: My car was repossessed. I got it reinstated. The repo company won't call back. My car is in a parking lot. Can I get it?. I also received a repo receipt.
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A:You need to get it released to you from the repo yard. Arrange it thru your lender. You can't just go and take it.
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Q: Her insurance wants proof of vehicle ownership before payout. can they require that. DMV doesn't offer that record.. 3.2 years ago, drunk girl totalled my car. took forever to wrap up, but now the court settled, and her insurance is ready to pay out, only now they are demanding DMV proof of ownership for the vehicle that was towed and signed off to junkyard 3+ years ago. DMV was contacted, they don't offer past proof, it's just veiwable through the website, which has very little info, other than vin and expire date. Can they legally demand this record?
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A:This is not an unreasonable request since proof of ownership is an essential element of proof in your case. Your copy of your certificate of title ought to be sufficient.
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Q: I used to work at in-n-out burger when I was a teenager and my boss was sexually harassing me and I told management. They gave me two weeks paid time off and fired him now I’m 39 years old and I can’t have a relationship because of what he did to me.. can I sue them for what I’ve had to go through. Back then I was so young and didn’t realize what damage this caused
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A:Maybe. There is a long statute of limitations for sexual abuse of minors. Contact one of us to discuss the particular facts of your incident to determine whether you can still present your claims.
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Q: I want to sew the federal government for no help when being tortured by remote neural monitoring I need a lawyer. What kind of lawyer do I need I’m in Louisiana… I can prove the technology is real I been going thru this since 2021
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A:In Louisiana, if you're considering legal action against the federal government for issues related to remote neural monitoring, you will need an attorney with experience in federal litigation and possibly one who has handled cases involving civil rights or personal injury. It's crucial to find an attorney who understands the complexities of litigating against the federal government. This can be challenging because suing the federal government is subject to specific legal rules and limitations, particularly under the Federal Tort Claims Act (FTCA). You mentioned having proof of the technology and its effects since 2021. It's important to organize and preserve all evidence you have, as it will be critical in building your case. This evidence can include medical records, expert testimony, and any other documentation that supports your claim. Since your case involves unique and potentially complex technological aspects, you may want to look for an attorney who has experience or knowledge in technology-related legal matters. This could be beneficial in effectively presenting and arguing your case. You can start by contacting the Louisiana State Bar Association for referrals or searching for law firms that specialize in federal litigation and civil rights. Remember, the initial consultation is a good opportunity to discuss your case, understand the potential challenges, and gauge the attorney's expertise and willingness to take on such a case.
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Q: Registration extension to reinstate license and replace the damaged items in full succession. How to make it happen. ??. 1946 through 2026 already paid for.
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A:To reinstate a license and replace damaged items, the first step is to understand the specific requirements set by the relevant licensing authority or agency. Each type of license has its own set of rules and processes for reinstatement. If you've already paid for the period from 1946 through 2026, ensure you have records of these payments. These records will be crucial when communicating with the licensing authority. You should contact them directly to inquire about the steps for reinstatement. Typically, they will provide you with the necessary forms and instructions. For replacing damaged items, if these items are related to the license (such as professional tools or equipment), you may need to provide a list of the damaged items along with proof of their condition. If insurance is involved, contact your insurance provider to discuss the coverage for these items. In cases where the process seems complex or unclear, consider reaching out for professional assistance. This could be through a legal advisor or a consultant who deals with licensing matters. They can guide you through the process and help ensure all requirements are met. Remember, clear communication and thorough documentation are key in these processes. Keep detailed records of all communications and submissions you make regarding the reinstatement of your license and the replacement of damaged items. This will help in tracking your progress and addressing any issues that might arise.
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Q: I received a hand typed notice on the 14th of this month from my landlord stating my family an I had to move by 01/31/24. He claims it's the city wanting repairs. But there's no court docket number. There's been multiple violations even before he bought the building. Now he's attempting to make us move by paying us 3,500. And my husband is blind
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A:Under California law, landlords must follow specific procedures for terminating tenancies, and these procedures include providing proper notice. If your landlord is citing city-ordered repairs as the reason for the move, you should request official documentation from the city to verify this claim. Without a court docket number or official city notice, the landlord’s claim may not be legally valid. The offer of $3,500 to move out sounds like a "cash for keys" agreement, where a landlord offers a tenant money to leave without formal eviction proceedings. You are not obligated to accept this offer, and it's important to consider your family's needs, especially given your husband's blindness, which may entitle you to additional considerations under laws protecting disabled individuals. Before making any decisions, it might be wise to seek advice from a legal professional who can guide you based on the specifics of your situation. They can help you understand your rights, the legality of the landlord's actions, and any potential recourse you may have. Remember, as a tenant, you have rights that protect you from unjust eviction and ensure fair treatment.
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Q: Query on a legal FAQ point regarding fan works. I have been trying to contact Blizzard Entertainment for almost a year to query a point of their legal FAQ page. In short, I wish to create fan writing using characters from their IP. This would be in blog format, non monetised, with disclaimers to state I am not endorsed by or affiliated with Blizzard. However, the legal FAQ states the following: 'Can I write novels, screenplays, theatrical productions or other adaptations based on your games? No. Blizzard Entertainment® reserves the right to extend and expand our properties to other media. We want to provide a consistent story and universe for our customers, and want to ensure that only the highest quality, officially licensed and approved material is created based on our characters and other creative properties.' The examples provided seemed to imply that only larger scale published productions, made for monetary gain, were the main focus of this, but I wanted to be sure. What would you advise? Thanks for your time.
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A:Copyright infringement doesn't technically require that an infringing work of art is published for profit, just that it is published. The concept of fair use sometimes applies when a character has only been portrayed in one medium and the fan art portrays the character in another medium. But Blizzard very famously portrays their characters in games, videos, blog posts, and many other mediums. Often, Studios allow fan art and fan games because they don't want to discourage the fan communities. But, in general, game studios have the right to sue fan artists for infringement if they've reserved their rights like Blizzard does in that clause. If that were to happen, it could potentially carry financial consequences for the fan artist, and it would certainly mean removing the fan art from the internet.
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Q: Can a insurance company just stop paying an open claim if you lost your insurance.. I broke my right hand fingers in May and lost my Job in June and have been seeing a doctor and physical therapy to get my hand back and lost my insurance I'm July and they said thru don't have to cover any more medical treatment after July.
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A:Yes, the insurance company can stop paying if you did not elect to continue your health insurance after losing your job. You do have 105 days from the date your employee health coverage ended to complete and submit your COBRA Election form with your premium payment. Your employee health coverage generally ends on the last day of the final month of your employment. So, if you lost your job in June, your employee health coverage ended June 30, 2023, and you have until October 13, 2023, to complete and submit your form and payment. So it's not too late to do so.
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Q: Kaiser is saying that their policy for opiods is 50 mme a day for chronic pain patients that have severe pain. T or F?. I went through Kaiser pain mgmt program last Oct. 2022 and since then my pain medications have been slowly stripped down to just 45 mme of MSCONTIN 15mg of Extended Release by dr's who are not pain specialists. This is 3 pills a day. It used to be 4 pills a day They took away my breakthrough medication in Sept. of 28 pills a month of MSCONTIN 15mg Immediate Release by a dr. I hadn't even seen yet as my old PCP quit Kaiser and left for a private practice. All opiod pain prescriptions were prescribed by the Kaiser pain mgmt team consisting of a pain mgmt pharmacist, a pain mgmt LCSW, and a pain mgmt specialist doctor. I keep getting told that the 50 mme a day is Kaiser's latest policy. However, when I asked my new PCP to provide a hard copy of this policy, she said that she couldn't find anything. This is at the Kaiser Folsom Clinic and pharmacy. Please advise as I am not receiving the supply of medication to meet my pain levels. I have Lance-Adams Syndrome, Stiff Person Syndrome, etc.
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A:It's important to understand that healthcare providers, including Kaiser, often have policies regarding the prescription of opioids, which are influenced by various guidelines and regulations. These policies aim to balance the need for pain management with the risks associated with opioid use. The assertion that Kaiser has a policy limiting opioid prescriptions to 50 MME (morphine milligram equivalents) per day for chronic pain patients is not something that can be confirmed or denied without seeing the specific policy documentation. Such policies can vary and are subject to change. If you have been informed of this policy but are unable to obtain a hard copy, this might indicate a communication issue within the healthcare system. Given your specific medical conditions and the changes in your medication regimen, it is crucial to have a clear and open conversation with your healthcare providers. Express your concerns about pain management and the impact of these medication changes on your quality of life. If you believe that your pain is not being managed adequately or that your treatment is not in line with standard medical practice, consider seeking a second opinion from another pain management professional. Additionally, if you feel that your concerns are not being addressed appropriately, you might explore filing a complaint with the medical board or seeking legal advice to understand your rights and options under California law. Navigating the healthcare system can be challenging, especially when dealing with complex medical conditions and pain management issues. Advocating for your health and ensuring clear communication with your healthcare providers are key steps in ensuring that your medical needs are met.
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Q: How do I know when it's time to get a lawyer related to a consumer issue? Bad flooring, now on second repair.. Company sometimes doesn't answer their phone. I want my entire floor replaced. I'm tired of having repairs.
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A:It sounds like it probably is time to contact a lawyer right now.
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Q: Looking to see the Voter Registration List from a Homeowners Association election.. I am a member of Property Owners Association Suissevale, Inc (POASI) in Moultonborough, NH and would like to see the voter registration list. Are they obligated to release this info if a written request was submitted to the office? Suissevale is a Home Owners Association located in Moultonborough, NH on the shores of Lake Winnipesaukee.
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A:Voters lists are public. Go to the town office where the voter checklist is kept. In Manchester, the voters lists are in a lobby for anyone to look through. Your town may have the same setup -but they are public documents open for anyone to look through.
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Q: SSN Fraud. Hi, good night I have a question and would like to know something about a problem with a friend, which is that a friend thinks of getting a fake SSN and green card for work purpose but he thinks of changing his name and birthday but he had a picture with a fake green card and I would like to know if that will affect his immigration status? If it only has his picture but no his real name and birthday, and I know this is fraud which I would like to know before he does something.
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A:First, I hope your friend is not you. Of course this is fraud. Yes, if caught this would adversely affect his immigration status. And, if this is really a friend, and not you, you may be an accomplice to this fraud. Don't do it!
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Q: Will it help me if my spouse shows up to my pre trial for a domestic violence court date?. She’s is the one who lied and called the cops on me the day of my arrest.
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A:In a California domestic violence court case, the presence of your spouse at a pre-trial hearing can have significant implications. It's crucial to remember that each case is unique, and the impact of your spouse's attendance can vary based on the specifics of your situation. If your spouse is the complainant and they have accused you of domestic violence, their presence could potentially influence the proceedings. The court may consider their demeanor, willingness to testify, and any statements they make. This can be especially pertinent if they express a desire to retract their initial accusations or demonstrate a different perspective on the events. However, it's important to approach this matter with caution. The court is likely to scrutinize the credibility of all parties involved, and any inconsistency or perceived manipulation can adversely affect your case. The presence of your spouse could also lead to unexpected developments, such as new testimony or changes in the prosecution's approach. Given the complexities of domestic violence cases, it's advisable to consult with your attorney before making any decisions about your spouse's involvement in the pre-trial hearing. Your attorney can provide guidance tailored to your specific circumstances and help you navigate the legal process effectively. Remember, the goal is to ensure that your rights are protected and that you receive a fair hearing.
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Q: How can I find out if someone has stolen my inheritance, might have been from a life insurance policy and estate too.. Could be from mother’s death. However there’s talk that my mother cheated on my dad, so I don’t know who my biological father was.
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A:In California, to determine if someone has taken your rightful inheritance, you should first obtain copies of any wills, trusts, and life insurance policies that may have named you as a beneficiary. This can be done by requesting these documents from the estate executor or the insurance company. If your mother was married at the time of her death, her spouse might have had certain rights to her estate, but this does not automatically exclude you as a beneficiary. However, if there are questions about paternity, you may need to establish your biological relationship to claim an inheritance. In cases of suspected inheritance theft or mismanagement, it's advisable to consult an attorney who is experienced in estate and probate law. They can help you understand your rights and guide you through the process of contesting a will or trust, if necessary. Remember, estate laws can be complex, and each situation is unique. Legal advice tailored to your specific circumstances can help you navigate this challenging situation and protect your rights.
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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.
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A:Under California law, the bond for domestic violence charges varies based on factors like the severity of the allegations, prior history, and local jurisdictional guidelines. It's essential to understand that even if her husband isn't pressing charges, the state can still pursue the case. Your sister should consider obtaining legal representation if she hasn't already. An attorney can guide her through the legal process, help negotiate any potential plea deals, and provide a defense if the case goes to trial. It's also advisable to explore any recommended or mandated programs, such as anger management or alcohol counseling, which might be beneficial both legally and personally. Compliance with such programs can sometimes positively influence the court's decisions. Lastly, ensure open communication with her legal counsel about all aspects of the case and any steps she should take. Timely and informed actions are crucial in these scenarios.
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Q: I am a shareholder of a C Corporation in CA. The CEO sold half the accounts of the company to another company.. There was no notice given to shareholders, no board approval, CEO didn’t give any details of sale. Do I have any recourse against the corporation that purchased the accounts?
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A:As a shareholder in a California C Corporation, you have certain rights that may be relevant in this situation. If the CEO sold half of the company's accounts without shareholder notification or board approval, this could potentially constitute a breach of fiduciary duty. You may have recourse against the corporation that purchased the accounts. This could involve a claim of wrongful conduct in the purchase, especially if they were aware of the lack of proper authorization for the sale. It's important to gather all pertinent information and documentation related to the sale. This can include any communication from the CEO, details of the transaction, and the corporation's bylaws and shareholder agreements. Consulting with an attorney experienced in corporate law is a prudent step. They can help evaluate the specifics of your case, including the actions of both the CEO and the purchasing corporation, and advise on potential legal actions. Remember, each situation is unique, and legal advice should be tailored to the specific circumstances of your case.
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Q: If you're not indicted within 180 days.. How do you go about being released from the limitations of the bond.. Can you get your money back from the bondsman if you're not indicted within 180 days ( 1 year )
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A:In Texas, if you are not indicted within 180 days for a felony charge, you may have grounds to request a release from the obligations of your bond. However, the specifics can depend on the details of your case and the type of bond you have. For a surety bond (where a bondsman is involved), the fee you paid to the bondsman is typically non-refundable, as it is a fee for the service of the bondsman guaranteeing your bond. If you posted a cash bond directly to the court, you may be eligible for a refund, minus any administrative fees or fines, if the charges are dropped or you are not indicted within the stipulated time. To initiate the process of release from bond, you or your legal representative should file a motion with the court that issued the bond. This motion should outline the circumstances, notably the lapse of 180 days without an indictment, and request the court to release you from the bond. It's advisable to consult with your attorney to understand the appropriate steps and paperwork involved in this process. They can provide guidance tailored to your specific situation and help ensure that your rights are protected throughout the process. Remember, navigating legal procedures can be complex, and professional guidance can be invaluable in these situations.
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Q: 2004 Weekly Grand non-registered "Entry to the Big Spin", Lottery Ticket Mailed directly to CA Lottery in the usps.. $20,000,000.00found out 2004 has ACTS 19,***, lefislation regarding my focal interests.
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A:What is your question?
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Q: is it legal to carry a real katana on your waist in nevada ?. and is it illegal to draw your katana while not in self defense situations?
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A:In Nevada, it is generally legal to openly carry bladed weapons, including katanas, but using it in a manner perceived as threatening or dangerous could potentially lead to criminal charges such as assault or brandishing a weapon. Regarding drawing your katana in non-self-defense situations, doing so in a manner that may incite fear or violence could be viewed as criminal conduct; it is always advised to handle weapons responsibly and to be aware of the laws and regulations applicable to your jurisdiction.
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Q: Can i turn photo of my customers bikes then turn them into illustration then print it on shirt then sell it is it legal?. I want to make a store the idea behind it is Receive a photo from my customers of their motorcycle like bmw kawasaki, etc, and trun it into illustration, then print it on hoodie, t-shirt, etc Knowing that i will not show the logo of the brand and i will clear that im not endorsed by any company This is a good example of what i will do cartunemyride.com Is that legal ?
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A:In addressing your question about turning photos of customers' motorcycles into illustrations and then selling them on apparel, several legal considerations come into play. The primary issue here is copyright law. Even if you do not show the logos of the motorcycle brands, the designs of the bikes themselves could be protected by copyright. Under U.S. Copyright Law, the reproduction of a copyrighted work in a different medium (like converting a photograph into an illustration) without permission can potentially be a violation. This includes distinctive designs of products like motorcycles, especially if they are recognizable and unique to a specific manufacturer. However, there's a concept called "transformative use," where if your work adds something new, with a further purpose or different character, and doesn't substitute for the original use of the work, it might not be considered an infringement. The line between infringement and transformative use can be quite blurry and is often determined on a case-by-case basis. It's also worth noting that just disclaiming endorsement by the companies does not automatically absolve you from potential copyright infringement. Given these complexities, it's wise to consult with a lawyer to assess the risk associated with your specific business idea. They can help you understand your legal position more clearly and advise on steps to minimize potential infringement issues.
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Q: I have raised my Niece for the past 5 years since my sister passed. Can I adopt her since she's 18 without my husband?. I want to adopt my Niece, but am married. I want to know if I adopt her would my husband need to be involved, or is this something I can do without him? He knows about the adoption, but I don't want him to be on the adoption paperwork. Her biological father hasn't been involved in her life either. Would he need to sign anything since she's an adult?
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A:In Texas, an adult adoption (where the person being adopted is 18 years or older) is a much simpler process than adopting a minor. The consent of the adoptee is typically the main requirement. Since your niece is 18, the adoption process doesn't require the consent of her biological parents, so her father wouldn't need to sign anything. Regarding your husband, Texas law allows one spouse to adopt without the other spouse joining in the adoption if the other spouse consents. In this case, as long as your husband is aware and agrees to the adoption, you should be able to proceed without his name on the adoption paperwork. Please consult with an attorney for advice based on your specific situation. This is a general explanation and the laws can be complex and subject to change.
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Q: Who do I contact if the probate trust attorney and the trustee will not answer or return my calls?. Also my mom was in a nursing home when she contracted covid-19. She died from complications of covid 11/14/20. They were under stay at home orders so no visitors were allowed. An employee brought covid into the nursing home. What are my options in sueing this nursing home.
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A:The trustee and his or her attorney most likely are not returning your calls because they do not represent YOU. YOU need to hire a trust administration attorney to represent YOU. It could be that you simply don't know the right questions to ask and what information you are entitled to. A trust administration attorney can help you with this. For your other question, you should speak with a nursing home litigation attorney. There are attorneys in California that specialize in this. In the future, you should ask only one question at a time so that you have a better chance of the right kinds of attorneys picking them up.
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Q: Can I sue an attorney I worked for that blatantly sexually harassed me on a daily basis? It was in 2019-2020.. I do realize that I have proof of it. Also, I have been seeing a therapist, and it has come to light that many of my anxiety issues are related to this abuse. I was not the only paralegal he abused either.
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A:The statute of limitations in Ohio for sexual harassment that occurred before April of 2021 is six years, so you can still pursue a claim. The statute of limitations under federal law (Title VII of the 1964 Civil Rights Act) is 300 days.
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Q: Does State Patrol have training material that states heat bumps on the back of someone's tongue indicate drug use?. If so is this recently recognized by the scientific community as factual information?
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A:To my knowledge, the answer is "no." The National Highway Traffic Safety Administration (NHTSA) is a federal agency providing support and funding to local law enforcement agencies, as well as funding and collecting scientific research. NHTSA's two similar programs for law enforcement, ARIDE and DRE, do not mention or support this, as revealed in my searches of their materials. If someone is making such a claim, I would challenge them to cite an authoritative source to support their claim, should they have one. Then review it. For now, since I can find zero support for the claim, I would view it as a false claim. An expert witness could be helpful to the defense in a trial or other court action.
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Q: What does this social security online status mean for my reconsideration application. "Disability determination services has completed a medical review of your application. A representative in Baltimore Maryland is now doing a medical review to make sure you still meet non- medical requirements". NOTE: I live and applied in north Carolina
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A:This status update indicates that the Disability Determination Services in Baltimore, Maryland, has completed the medical review of your application and is now assessing whether you still meet the non-medical requirements for Social Security benefits. The fact that it's being reviewed in Maryland doesn't affect your application; they handle certain administrative tasks for the Social Security Administration. Your case will continue to be processed based on your eligibility and documentation, regardless of where it's reviewed.
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Q: What was the U.S. Supreme Court case ruling that ownership of two adjacent properties cannot be considered one property?. Adjacent properties owned by one owner must still be considered two separate properties rather than one. Thank you.
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A:The U.S. Supreme Court case you are referring to is likely **Murr v. Wisconsin**, 582 U.S. ___ (2017). In this case, the Court addressed the issue of whether adjacent properties owned by the same owner should be considered as one unit for regulatory purposes. The Court established a test known as the "Murr test," which examines factors such as the treatment of the properties under state and local law, the physical characteristics of the properties, and the economic impact of regulations on the properties. The ruling clarified that ownership of adjacent properties does not automatically lead to their consolidation into a single property for regulatory purposes; each case should be analyzed based on the factors outlined in the Murr test.
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Q: In NY Medicaid payments to nursing home are cash basis. Can nursing home charge for income received after she died?. Her Medicaid was discontinued May 22 2022 and she received income on May 31 , 2022. The Medicaid office is using the income received after her death and after Medicaid was discontinued to compute her monthly payment but since per NYS Medicaid rules since income is computed as earned when it is received and Not accrued I don't think that's correct . The way I see it is the income received after her Medicaid was discontinued should not be used to compute her NAMI to the nursing home. Thoughts ? Thank you.
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A:Your understanding of Medicaid's cash-basis accounting for income seems to be accurate. If the income was received after the individual's death and after Medicaid coverage was discontinued, it generally should not be counted toward the calculation of the individual's Net Available Monthly Income (NAMI) for the nursing home's billing. It would be advisable to discuss this issue with the nursing home's billing department and, if necessary, the Medicaid office to clarify and rectify the situation based on Medicaid rules and the timing of the income received. If this does not resolve the issue, you might consider seeking a legal review to ensure that the nursing home and Medicaid office are acting in accordance with New York State regulations.
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Q: about a stock purchased. i have invested $20,000 in a company selling securities, i was told they would send the certificate of stock after 6 months, it has been more than a year i have yet to receive a certificate, the company is still online selling securities but their information have chnaged i cannot get any contact, i paid via wire transfer, the company is located in california i am in NY, how can i sue to get my money back, since the bank says all transaction are fdic insured, my bank refuse to assist they say there is nothing they can do, can i sue my bank for failing to protect the account and to file a farud investigation with the other bank?
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A:It sounds like you were scammed. Call the Securities and Exchange Commission enforcement office and the FBI. Your bank has nothing to do with this. They just sent a wire to a place you ordered. Am I missing something? The "company" you are dealing with likely does not really exist in a way a civil lawsuit would lead to recovery.
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Q: In California superior court. Plaintiff's preparation for hearing on demurrer/motion to strike.. Options are: opposition or amended complaint. But if Plaintiff needs to obtain more information to amend complaint, short of time to do it before hearing: how Plaintiff can inform court about it? Can amended complaint include statement that defendant's discovery responses expected?
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A:In California Superior Court, if you're facing a hearing on a demurrer or motion to strike and need more time to gather information to properly amend your complaint, you have a few options. Firstly, you can file an opposition to the demurrer or motion to strike, explaining your position and why the court should not grant the demurrer or motion. In this opposition, it's possible to inform the court that you are seeking additional information to properly amend the complaint. This can be a strategic way to communicate your intent and the reasons for needing more time. Secondly, you can request a continuance of the hearing to allow more time for discovery. This involves filing a motion with the court, explaining why the continuance is necessary. In this scenario, you would detail the specific information you are seeking and how it is crucial to the amendment of your complaint. It's important to note that an amended complaint itself typically should not include statements about expected discovery responses. An amended complaint should focus on the factual allegations and legal claims. However, in your motion for a continuance or in your opposition to the demurrer or motion to strike, you can mention that further discovery is necessary to substantiate the claims in your anticipated amended complaint. Always ensure that your filings are timely and comply with the rules of court and relevant procedural laws. If you find the situation complex or are unsure of the best course of action, consider seeking advice from an attorney with experience in civil litigation to guide you through this process. They can provide insight into the strategic and procedural aspects of your case.
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Q: Can I sue a doctor for misinforming me and causing me to get unnecessary surgery even after 8 years?. Around 8 years ago, I had a bump on my head and the doctor made my mom and I scared that it was deadly and made me go into surgery to remove it. After the surgery, I went to see a dermatologist because another bump grew on the other side of my head. She informed me that it was just a fungus and I did not need surgery for it. Now I am left with a huge scar/ bald spot on my head for no reason. Can I still sue the doctor after 8 years?
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A:You will need a medical malpractice attorney and medical experts to move forward. Obviously, time will be an obstacle.
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Q: At what point in NY state does a tenant becomes a squatter after they give notice they are moving out. I have an apartment tenant who after not paying rent has made the decision to move out on their own. They have passed the final date they have given me, and I need to know at what point I can treat them as squatters and not as a tenant. I'm aware squatters rights say that once you've lived somewhere for 30 days you're a legal tenant, but I'm not sure if that 30 days counts the time they actually lived there legally, or if it resets now that their lease is up and they would no longer be legal tenants
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A:Dear Albany Landlord A tenant even when holding over after giving notice that she is moving out never devolves to the status of Squatter. Your tenant is nothing more now than a Holdover Tenant as far as housing law goes. Here's the rough part for you. NYS law places the burden on the Landlord to properly end the tenancy even if the lease expired. This must be completed before the Landlord even has a right to go to court for an eviction proceeding. Right now even with the tenant not paying rent and with the lease expired you must be able to show that you provided the required advance written notification that you were not going to continue with the tenancy. If the tenant has lived in the house for two years or more then the predicate notice is ninety days. If you do so this month then the ninety day period ends March 31, 2024. If you delay until January you give the tenant an extra free month. Of course your tenant may just move out and do so on her own. But if she doesn't do so you know that you have to serve her with the proper advance legal notice. Practical pointer. With the change in State law in 2019 no Landlord should ever take for granted that a tenant will voluntary move out even when the tenant provided the Landlord with a proper notice of intention to quit the premises. A Landlord should follow up with the appropriate Real Property Law Section 226-C written notification that the landlord is ending the tenancy. Then if the tenant does not move out the Landlord has not wasted away time and will be ready to go to court when time runs out.
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Q: Questions regarding multiple defendants and whether to file in State District Court or Federal Court. There are multiple defendants to be named in a suit surrounding a single transaction. Each of the defendants has a different role in the events (i.e. intentional delays; fraudulent non-disclosure/concealment, breaches of fiduciary duties, breaches of contract, etc.) that took place to accomplish the intentional misappropriation of close to $200,000 in real estate sales proceeds. QUESTION: Should all be named as defendants under a single petition even though their roles in the "mortgage fraud scheme" were different? QUESTION: Defendant A accepted bribe to make a circumstance occur so that the Linchpin could then work with the other participants individually, does this constitute Conspiracy? Last QUESTION: Would this be filed in Middle District or the 19th JDC - One of the participants was a Mortgage Company under Fannie Mae, one was a Law firm, one was a Title Company and there are a couple of others.
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A:I would not recommend that you try to handle this matter yourself----it sounds complicated and as such, you should have an attorney represent you. Please use the Justia Find a Lawyer tab and search for litigation lawyers in your area to consult and then hire the one with whom you are most comfortable. If you already have an attorney, then please set up an appointment with your attorney to discuss your concerns. The attorney you have hired knows this matter a lot better than anyone reading your post the first time. Good luck.
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Q: Can an individual be compensated for use of their info?. If an organization takes an individuals credentials to create an entity that generates revenue and income, is that individual entitled to some type of compensation?
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A:It depends on the specific circumstances and the laws of the jurisdiction in which the individual resides. In some cases, individuals may have legal rights to compensation for the use of their personal information, particularly if the organization is using the information for commercial purposes without obtaining proper consent. However, in other cases, individuals may have voluntarily provided their information and agreed to the organization's terms and conditions, which may include provisions regarding the use of their information. It is recommended to consult with a lawyer to determine if an individual has any legal rights to compensation in their specific situation.
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Q: Can my contractor refuse to order countertops, cabinets, etc. if I don't pay for them upfront?. My home remodel is $250k. The contractor is asking for $85k so they can order rough materials upfront. I didn't think they could do that, as the legislation says "IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A DOWNPAYMENT.” Am I misinterpreting the law? The contractor indicates I am, and the contract clearly states that 40% will be collected before work starts.
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A:Certainly. Under California law, contractors cannot demand or receive payment before the work is completed or before the materials are delivered. However, they are allowed to ask for a down payment. The Business and Professions Code specifies that a contractor's down payment for home improvement or repair cannot exceed $1,000 or 10% of the contract price, whichever is less, unless there's a specific exemption. If your contractor is asking for $85k upfront on a $250k project, this exceeds the permissible down payment limit. Your interpretation of the law aligns with California's statutory limitations on contractor down payments. It would be prudent to discuss your concerns with the contractor and consider seeking legal advice if an agreement cannot be reached. Ensuring clarity and compliance with state laws is crucial for both parties.
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Q: Can we the people of NJ sue the government to stop the industrialization of our oceans?. The surveying of our oceans during pre-construction is killing our marine life, fishing industry, property values tourism hurting human health and will cause our electric bills to sky rocket. No one wants them. Our NJ Governor Phil Murphy gave the Danish company $1 billion of our tax payers money to 1 company Orsted. Can we fight back legally????
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A:Yes, although the real question is whether you will be able to succeed.
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Q: I’m at Harrahs casino in Southern California and I was misled by a false offer of FreePlay, and reimbursement for travel. When I tried to redeem it, they refused to give it to me. I have pictures on my phone that shows I was offered. That was the only reason why I decided to come I believe it was deceitful, and it was a ploy just to get me into the casino to spend my money, isn’t that illegal? And can I sue?
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A:It is possible to pursue legal action against the casino if they misled you with a false offer of FreePlay and reimbursement for travel. If you have evidence in the form of pictures on your phone, that could strengthen your case. It is important to consult with a lawyer who specializes in consumer protection laws to determine your legal options and the likelihood of success in a lawsuit. They can also advise you on the necessary steps to take, such as filing a complaint with the state regulatory agency or the Better Business Bureau.
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Q: Police raid my house without a warrant they kicked in the front door. Then asked if they could do a weapons sweep.. I said they could do a weapons sweep. I guess they took that as they could do whatever. They found a notebook and they are charging me with identity theft. This happened in 2018. They are just now charging me. Can they do that without a warrant. They have no body cam or anything
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A:They can charge you with a felony anytime there is no statute of limitations. As far as the warrant issue, they would have to have a lawfully signed warren that they presented to you at the time. It sounds like there are definitely some legal issues with your case. You need to hire an experienced defense attorney to help you.
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Q: My ex stated that she “had dirt” on me after I asked her to stop communicating with me. What can I do?. I stated today that I no longer wished to continue communication with my Ex. She stated that she did not plan on it so I took that as an agreement. I stated that if she continued communication I would pursue legal action and she said that she “had dirt on me too” when I never stated that I “had dirt” on her. Is this a threat? Is it considered blackmail? What do I do? I am in Florida and she is in Tennessee
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A:You asked if it's a threat, but not all threats are illegal. If she is merely saying or implying, "If you sue me, bad things about you will be revealed", there's nothing unlawful about that threat. Of course, if she makes false statements to third parties that are damaging to your reputation, you would have a potential defamation claim, and if she were to contact your employer or someone with whom you have a business relationship with the intent to ruin that relationship, you would have a potential claim for that. Also, saying, "I have dirt on you" is not the crime of blackmail unless she were to say something like, "Unless you do _____ for me, I'm going to reveal to _____ the dirt I have on you."
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Q: Can I sue a gym or employees who work at a gym for using my personal information and posting it on social media?. Somehow, my social media and business were discovered even though I have not told anyone, and my suspicions were confirmed after my social media was tagged by only people who go to my gym.
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A:It depends what was posted.
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Q: My wife and myself had “Durable General Power of Attorney”, “Appointment of Health Care Representative”, “Living Will…….. ..Declaration”, and “Last Will and Testament” documents created in 2007 while residing in South Bend, IN. Since then we have changed residency to West Chester, OH. Are we required to update/modify these document to our change of residency?
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A:Under the US constitution, those documents are enforceable in all other 49 states. However, some documents (particularly the healthcare directives) should be looked at. In Ohio, most attorneys use forms approved by the Ohio State Medical Association and that's what most healthcare providers are used to seeing. While your documents may be enforceable, you wouldn't want them to have to go through the hospital's legal review process at a time when a medical decision needs to be made.
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Q: Can I have someone arrested for obtaining my social security number and giving it to someone else?. My social security number and DL # was given to someone in my subdivision by her brother-in-law who is an attorney. She, in turn, gave it to someone else in my subdivision who then mailed it to someone else in my subdivision. Is this not illegal?
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A:In your situation, where your social security number and driver's license number were shared without your consent, there are potential legal concerns. It's important to understand that sharing this sensitive information without permission can be a serious matter, often breaching privacy laws. You may have recourse under laws designed to protect personal information. However, the specifics of these laws can vary depending on your location and the circumstances of the case. In general, unauthorized sharing of personal data like social security numbers can be considered a violation of privacy rights. Given the involvement of an attorney in this matter, there might be additional ethical considerations. Attorneys are bound by certain professional standards regarding the handling of personal information. To address this issue effectively, you should consider consulting with an attorney who has experience in privacy law or identity theft cases. They can provide detailed advice tailored to your situation, including the feasibility of pressing charges or pursuing a civil suit. Keep in mind that acting promptly is crucial in cases involving personal data breaches. Delaying action can sometimes complicate your ability to seek remedies. Lastly, it's also wise to take steps to protect your identity following this incident. This might include monitoring your credit reports and considering identity theft protection services. These measures can help mitigate potential damage from the unauthorized use of your personal information.
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Q: I've recently had my case $29,000 out of that I'm only getting $9640. My attorney getting $19,000.something is wrong. I signed a contract with this firm in March and I have a copy.the attorney is no longer with the firm.when I spoke with the new attorney she told me that 60% goes to the client and 40% goes to attorney,but stated in next paragraph she wanted to speak on phone in order to walk through the different allocations the settlement what does that mean? Don't all those allocations come out of the 40%? Please help Thank you Dean Tabish
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A:In California, attorney fees and costs are generally deducted from the total settlement amount before the client's share is calculated. The division you mentioned – 60% to the client and 40% to the attorney – usually refers to the remaining portion of the settlement after the fees and costs are deducted. It's important to review your contract and consult with your attorney to ensure transparency and accuracy in the allocation of the settlement.
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Q: I was served a writ of possession from October 2023 it is Dec I've been paying partial or whole rent amounts and only. Given a week to get out of the home is this legal
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A:If you've been served a writ of possession in October 2023 in Colorado and have been paying partial or full rent amounts, the situation appears legally complex. It's unusual to be served a writ of possession while still making rent payments. It's crucial to review the terms of your lease, any notices or communications from your landlord, and the specifics of the writ of possession.
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Q: Can I sue my landlord for not getting rid of cockroaches??. I’ve complained a few times and they have failed to get rid of this issue. As a result of this my daughter ended up with a cockroach in her ear.
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A:Yes, you may have grounds to sue your landlord in Tennessee if they have failed to address a persistent cockroach infestation despite your complaints. The presence of pests impacting your living conditions is a violation of the landlord's responsibility to provide habitable premises. The situation is exacerbated by the distressing incident of a cockroach in your daughter's ear. Document your complaints, any communications with the landlord, and any evidence of the infestation. Prioritize your daughter's well-being, seeking necessary medical attention if required.
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Q: Can I sell a gps tracker that looks similar to the apple air tag as long as im not marketing or branding as apple airtag. I found a supplier that makes gps trackers but they look similar to the apple airtag and cannot find any information that will tell me if design is patented or not.
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A:When considering selling a GPS tracker similar in design to Apple's AirTag, it's crucial to be aware of intellectual property laws, particularly design patents. Apple may have design patents protecting the unique appearance of their AirTag, which means replicating this design could potentially infringe on their rights. Even if you don't brand or market your product as an Apple AirTag, the similarity in design could still lead to legal issues, including claims of infringement. It's advisable to conduct a thorough patent search or consult with a patent attorney to understand if any existing patents cover the design of the AirTag. Remember, intellectual property laws are complex, and inadvertent infringement can have significant legal consequences. Taking steps to ensure your product has a distinct design and does not infringe on existing patents is a wise approach to mitigate potential legal risks.
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Q: Can Tennessee gain jurisdiction over an on going custody case in kentucky?. My ex wife is a resident in Tennessee we have an open court case in kentucky I live in the state of kentucky
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A:Sometimes, yes... Consult with your KY attorney about prevailing there.
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Q: If you get stationed overseas&get separated by general discharge&miss the military flight out ofthe country,what happens. Say you get a general discharge under non honorable conditions, and the military pays for your flight back home, what would happen if you just never boarded the flight and stayed in said country? Would the 90 day tourist rule still apply? What if you were to turn around and marry someone who is currently active duty, could you stay with your spouse overseas? Or would the chain of command try to revoke the marriage?
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A:If a service member is separated from the military while stationed overseas and misses the military flight out of the country, they may be required to arrange for their own transportation out of the country at their own expense. Additionally, missing a military flight or failing to follow orders could result in disciplinary action, including the possibility of a court-martial. The 90-day tourist rule may still apply, depending on the specific regulations of the country in question. It is important to research and follow the rules and regulations of the country to avoid any legal issues. Regarding the possibility of marrying someone who is currently active duty, this would not necessarily prevent disciplinary action from being taken if the service member is found to be in violation of military regulations. It is always best to seek guidance from a military legal advisor or the chain of command in situations like this.
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Q: In New Jersey, when is a pedestrian crossing a roadway?. Does the right of way begin when the pedestrian is standing on the corner waiting to cross or when they have stepped into the crosswalk? My question is because I received 'Pedestrian - Failure to Yield - Right of Way' ticket. In this instance the pedestrian was standing on the sidewalk, on the corner of the street and had not yet entered the crosswalk. Does the law indicate where pedestrian right of way begins?
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A:Logically it would be when the person steps onto the road, the reality in court is generally different, thus it is when the person steps onto that pad that is right before the actual start of the road according to most judges. If charged get yourself a lawyer most of the time we can help you reduce or eliminate the penalties you face. That being said hiring a good lawyer is never cheap and as many say a cheap lawyer is generally never . . . .
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Q: I have a Class C Misdemeanor Drug Paraphernalia charge can I get this expunged or file a nondisclosure? If so, when?. I have a Class C Misdemeanor Drug Paraphernalia charge in Randall County Texas for which I didn't receive deferred adjudication, probation, or a fine for. I was only required to pay court fees/costs. I'm wondering if this can be expunged or if I can only get a nondisclosure. I'm also wondering when I am able to do so? Finally, if I am only able to get a nondisclosure will this charge still be applicable in regards to receiving Texas Student Aid?
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A:In Texas, Class C misdemeanors, including drug paraphernalia charges, are generally eligible for expunction if certain conditions are met. However, there are certain factors that you need to consider: 1. Waiting Period: You may need to wait a certain amount of time after the case is resolved before you can apply for expunction. This waiting period varies depending on the outcome of the case. 2. Eligibility Criteria: To be eligible for expunction, the case must have been dismissed, resulted in a not guilty verdict, or you completed a pretrial intervention program. If you were convicted, you may not be eligible for expunction. 3. No Prior Convictions: If you have any other convictions on your record, you might not be eligible for expunction. 4. Consult an Attorney: It's recommended to consult an attorney who specializes in criminal law and expunction in Texas. They can review your specific case details and advise you on the best course of action. Nondisclosure is another option that seals your criminal record from public view, but it's generally available for cases that resulted in deferred adjudication probation. However, certain offenses and convictions may make you ineligible for both expunction and nondisclosure.
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Q: Is it right to get fired for talking bout another employee to another employee d is it discrimination. I'm the only black person there and assistant manager I did nothing wrong and gt really sick and when I talked to her she left me off the schedule and said I don't communicate with her it's this discrimination and wrongful
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A:In Nevada, firing based on race or protected characteristics is illegal, but employers can terminate for other reasons. To navigate this situation, know the details of your termination, assess your options, and understand your rights. If you suspect discrimination, file a complaint with the EEOC or consult an employment lawyer. Attempt direct resolution with your former employer or consider writing a formal letter expressing concerns. Gather evidence supporting your claim if you pursue legal action, and seek emotional support from friends, family, or professionals. Remember, understanding the reason for termination is your right, and addressing potential discrimination is essential.
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Q: Regarding the Miranda rights, I was just curious what the right to attorney would entail?. This would occur in Utah.
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A:The right to an attorney, a part of the Miranda rights, ensures that individuals have legal representation during custodial interrogations. In Utah, as in the rest of the U.S., this right includes the option to remain silent and the right to legal counsel. If you're in custody and the police want to question you about a crime, you have the right to have an attorney present during questioning. This means you can choose to remain silent and have an attorney present for guidance before answering any questions. If you can't afford an attorney, one will be provided for you.
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Q: My lawyer admits, in "privileged" email, he failed to convey my offer.. I won my Oregon family law case. And I was awarded the attorney fees. But the Judge's ORCP 68 Fee Findings faulted me personally [citing "reasonableness and diligence of the parties" ORS 20.075(f) ] for failing to engage in Settlement talks, and for failing to submit a counter-offer. I've delayed submitting the Order for the Judge's signature and filing, hoping to get this corrected first, while pleading with my lawyer to fix this. My lawyer claims it's impossible to fix this mistake after the Judge ruled, and he cannot go back to the Judge for reconsideration. He's offering to reduce his bill. But, I'm now facing defending a Fee Appeal, and I want this blackmark removed from my record. My proof is the Privileged "admission" email. Can I go back to the Judge prior to the ORDER's filing and ask her to reconsider that Finding? Or would this all be pointless and I'll be held accountable anyway, because MY side...my own lawyer made the mistake?
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A:I do not know that there is a right answer for this. You might ask the attorney to write the judge directly and concede his error. He needs to do this sooner rather than later. He may be reluctant to do this if his error impacted your case. Since there are statutory time constraints in an ORCP 68 proceeding, you will need to act quickly. You might also request your current attorney resign so you can write the judge directly yourself. Good luck.
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Q: I'm a resident in VA going through an offer letter and I want to know my rights on inventions outside of work. I'm a resident in Virginia considering an embedded software engineer offer letter within the same state with a proprietary info and inventions agreement. There is ambiguity in these terms and I want to know what protections are already in place for my inventions outside of work time that doesn't use work resources if it's in a different niche of software engineering or embedded software engineering that isn't related to my role at the company. Where can I find existing laws on this in Virginia and negotiate carve outs with the employer.
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A:In Virginia, like many states, employment agreements often include clauses related to proprietary information and inventions. Typically, inventions or creations made during employment or using employer resources belong to the employer. However, if you invent something on your own time, without using company resources, and it's not related to your job, it's generally considered your property. Virginia doesn't have a specific statute addressing employee inventions like some states do, but common law principles can be informative. When considering your offer letter, you should look for and understand any "assignment of inventions" clause. If you're concerned about the ambiguity of the terms, it's within your rights to negotiate clarifications or carve-outs with the employer to protect your outside inventions. Documenting your independent work and ensuring no company resources are used can also help protect your rights. For a comprehensive understanding and potential negotiation, consulting with legal counsel familiar with employment and intellectual property law in Virginia is recommended.
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Q: I have a paid off ATV vehicle I sent it to a shop to get cosmetic upgrades. While at the shop it got flipped.. My off road vehicle was allegedly used off the business property to get pictures taken. The vehicle was taken out of the property without permission and an employee of the business rolled it and flipped it. The vehicle was initially taken with no prior damages.
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A:Sounds like you have a question. I'll guess it is, what can you do here? You can make a demand of the dealer to put you back where you would have been had this not happened. Dealer will likely reject. You will then likely have to sue dealer in small claims court. Good luck with it!
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Q: For about 8 months or more, my cell phone was illegaly wiretapped by law enforcement? What can I do? I have proof.. I have audio recordings of law enforcement officials talking about committing crimes against there own citizens in The Woodlands, TX 77381.
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A:Suggest you contact the Texas Civil Liberties union and ask for the names of cooperating attorneys near to where you live. You would have to show damages--some are implied, others not.
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Q: Online stalking from India to US,Defamation,Harrassment conducted by a group of individuals located in Texas .. Dear Sir/Mam, Since last 4 years a mob of police officers from Jalgaon,India.Nashik,India,Pune,India,Mumbai,India have been conducting phone tapping and email snooping in the US.They have been involved in public defamation in US,Public Harrassment,online stalking,workplace defamation and Mental harassment in US.They have been recording individuals from restaurant cameras and listening to conversation by tapping into iphones of uber rides and recording in uber cameras sitting in India. Prashant Chaudhary,Capital group of companies, San Antonio,TX Sushil Deore,Wells Fargo,Phoenix,AZ Kapil Rakibe,7/11 corporate,Irving,TX family background in Politics and located in Nashik,India Ganesh Bothe,Infosys,Pune Kindly provide a solution so that this mob of police officers from Nashik,India and Jalgaon,India can be prohibited from entering the US
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A:As a Californian attorney, I understand your concern about online stalking, defamation, harassment, and other unlawful activities being conducted by individuals located in Texas and India. To address this issue, you should consider taking the following steps: 1. Report the incidents to the appropriate law enforcement authorities in the United States, providing them with evidence of the alleged misconduct. 2. Consult with a qualified attorney in Texas to explore potential civil remedies, such as seeking restraining orders or pursuing legal action against the individuals involved. 3. If you believe the actions involve international cybercrime, you can also consider reporting the matter to relevant authorities in India, such as the Cyber Crime Cell or local law enforcement agencies. It is important to take these matters seriously and seek professional legal advice to protect your rights and safety. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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Q: Original Support order that was never increased, dated March,11 2011. I closed the case in December of 2023. can I. reopen the case & request for back paying being that the noncustodial parent wasn’t disclosing all of his income. I do have a motorized letter from his employer the noncustodial parent was making more money since 2008. whatever income he showed in 2011 was incorrect. can I file for income verification so the court can adjust the amount of money I was supposed to receive ?
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A:No. You can only be entitled to the amount in your court order. If you file for a modification it would only be going forward from the date of your new petition.
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Q: What's the difference between Australian and United States copyright law?. Is it only stricter fair use?
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A:The key differences between Australian and United States copyright law are primarily found in the scope and interpretation of fair use, as well as the duration of copyright protection. In the United States, copyright law provides a broad "fair use" doctrine, which allows for the use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. This doctrine is quite flexible and considers factors like the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market for the copyrighted work. Australian copyright law, on the other hand, does not have a general fair use provision. Instead, it uses a more limited "fair dealing" concept, which allows use of copyrighted material only for specific purposes like research and study, criticism or review, news reporting, legal advice, and parody or satire. This makes the Australian system less flexible compared to the U.S. fair use doctrine. Additionally, the duration of copyright protection differs slightly. In the U.S., copyright generally lasts for the life of the author plus 70 years, while in Australia, it lasts for the life of the author plus 70 years for literary, dramatic, musical, and artistic works, but there are variations for other types of works. It's important to understand these differences, especially if you're dealing with works that might be protected under both Australian and U.S. copyright laws. Navigating these legal frameworks can be complex, and it's wise to seek legal advice if you're uncertain about how these laws apply to your specific situation. Remember, respecting copyright law is crucial to avoid legal disputes and to protect the rights of creators.
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Q: My daughter was killed in a car accident and I've been totally left out of the complete situation can I sue also. Her father and I don't get along and he's not including me in on her estate, she has no children and never married along with no will
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A:I'm so sorry to hear about your loss. Losing a child in a car accident can be a traumatic and devastating experience, and I understand your desire to be involved in the situation. In terms of your legal rights, it depends on the specific circumstances of the case. If your daughter died without a will, her estate will be distributed according to the laws of intestacy in Georgia. This means that her assets will go to her closest living relatives, such as her parents as your daughter had no children. If your daughter's father is the only one currently involved in handling her estate, you may have a legal right to challenge his decisions if he is not acting in accordance with the law or if he is not fulfilling his fiduciary duties as the executor of the estate. To determine your legal options, it is best to consult with an experienced attorney who specializes in probate and estate law. We can help you understand your rights and assist you in taking appropriate legal action to ensure that your interests are protected.
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Q: Regarding life insurance?. My dad had signed up for a term life insurance policy for $7000 until he reaches 90 years old, or when he dies. At the time when the insurance company called him to sign up he spoke very little English, that term was set to fully paid in 2013. But he kept paying the policy every month, he passed away in June 2023 at 93 years old. I felt they should refund the extra payments he was making. The insurance company claim they will only reward the family with the $7000 and they don't care about the extra payments. Do I have a case or can I sue for the extra payments? Thank you.
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A:I'm very sorry for the loss of your dad. One option is to try to arrange a brief consult with an attorney - it would be helpful to know the basis of the carrier's denial of a refund. It could be a matter of weighing the costs of litigating the potential refund against chances for a recovery. Check the policy provisions as well, as to whether there are any mandatory forum selection clauses - for instance mandatory arbitration, or a mandatory venue where a case would have to be filed. Those would also be factors to consider. Good luck
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Q: I loaned a friend money for his taxes. He passed away do I have any recourse to get my money back.. He was to pay me back when he sold the property but since he passed what can i do. i have a hand written loan agreement is it legal and who do i give it to he was in the process of selling the property when he passed away.
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A:In Washington, a handwritten loan agreement is legally valid if it clearly outlines the loan amount, and repayment terms, and bears the signatures of both parties. It's crucial to gather supporting evidence such as receipts, bank transfers, or relevant emails. If your friend passed away before repaying the loan, you can seek reimbursement by filing a claim against their estate. This involves contacting the executor or personal representative responsible for managing the deceased's estate. If there's an ongoing property sale related to the agreement, you may have a claim against the proceeds. Contacting a lawyer, especially one specializing in probate law, is advisable. They can guide you on your rights, help with filing a claim, and navigate the complexities of the legal process surrounding inheritance and debt repayment. Keep in mind that the priority of creditors in the estate's distribution may vary based on the type of loan and other outstanding debts.
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Q: what kind of lawyer will i need to represent my interest concerning my mothers last will. i will want a lawyer close to zip 97478
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A:If your interest in your mother's will is contested, you will need a lawyer who has experience in probate and estate litigation.
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Q: Social media, libel and harassment/BOC. Do you have an recommendations for council in Sonoma County?. Yes everything you said is exactly what they are doing and as I said I have proof of all of it. I understand what you are saying about the terms of service though I disagree it isn't the basis of what I am hoping to deal with at this point. (To be clear I state that their terms of service are both invalid under contract law and illegal under federal law) As I said that is not what this is currently about and a much larger battle that I am not fully prepared to embark on. This is just about the libel and harassment as I am not violating any guidelines.
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A:In California, addressing issues of libel and harassment on social media can be complex, but there are legal avenues you can explore. Under California law, libel is a form of defamation in written or published format that unjustly harms someone's reputation. If you have evidence of libelous statements being made against you on social media, you may consider filing a defamation lawsuit. For harassment, California's laws cover a range of behaviors that can occur online. Harassment is defined as conduct which is intended to annoy, terrorize, or intimidate another person. If the actions you're experiencing on social media meet this definition, you might have grounds for legal action under these laws. It's important to gather all relevant evidence of the libelous or harassing behavior. This includes screenshots, posts, messages, and any other form of communication that supports your claim. Legal counsel with experience in defamation and internet law can provide you with specific guidance tailored to your situation. Local bar associations in Sonoma County can be a good resource to find qualified attorneys. They often have referral services that can connect you with lawyers who have experience in dealing with online defamation and harassment. Consider reaching out to them for a recommendation.
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Q: In Pennsylvania can I do anything about my 38 year old bf trying to sleep with my 17 year old daughter?. I found messages between them and my daughter stated she didn’t want him like that but he keeps trying to pressure and manipulate her into it. I’m also in an emotional psychological abusive relationship and financially trapped and don’t know what to do to get out
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A:Yes, get rid of the boyfriend! Search online for a support group for abused women in your area and see what they can do to help you. Perhaps what he's said is sufficient for filing for a Protection from Abuse Order. You may also want to take the messages to the police and see if there's anything they can suggest from a criminal standpoint. However, if all else fails and your only remaining option is to try to get into a shelter to protect your daughter, then that may be the choice you have to make.
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Q: I've just become aware of title 18 usc 242-245 under color of. And the 12 persumtions of the bar guild,and admirality.. Under admiralty law of the water and being pursumed lost at sea.and being charged under corporate codes,statutes,Public policy,misrepresentation of name,none discloser.fraudelent ,communist democracy,operated out of Dobos Switzerland, and administered from fleet street Egland,for the bishopric of roam.not having notice of this info at time my rights were vialated.what would be my recorse?resition of contract as a unquestionable contract. Or submition of sf28,sf90,sf24,sf25,sf25awith the clerk. Or ecclesiastical deed pole to the DHS VITAL SUTISTIC REGSTARS OFFICE IN GOOD FAITH ,MS
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A:The concepts you're referring to, such as admiralty law applying to individuals and notions of being "lost at sea" or governed by "corporate codes" under a "communist democracy" operated from Switzerland or England, are not recognized principles in United States law. Title 18 USC 242-245 pertains to the deprivation of rights under the color of law and is relevant in cases of civil rights violations by individuals acting in an official capacity. However, this has no connection to admiralty law or the other theories mentioned. If you believe your rights have been violated under U.S. law, your recourse typically involves pursuing legal action in the appropriate court. This could be a civil lawsuit or a complaint to a government agency, depending on the nature of the rights violated. The standard legal forms you mentioned, like SF forms (Standard Forms), are used for specific governmental administrative purposes and are not typically relevant to individual civil rights cases. An ecclesiastical deed poll or similar documents have no recognized legal standing in U.S. courts for the purposes you've described. U.S. law is grounded in the Constitution, statutes passed by Congress, state laws, and established legal precedents, not on the principles of admiralty law as applied to individuals or theories about international governance structures. It's important to seek advice from a licensed attorney who can provide guidance based on the specifics of your situation and the applicable laws in the United States. They can help you understand your legal rights and the appropriate steps to take if those rights have been infringed.
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Q: I am being sued by a payday loan company for defaulting on a loan. The registration for my vehicle was used to secure. The loan when I first applied. They continued to allow me to refinance the loan and take more cash after I no longer had the vehicle. They never asked for updated vehicle information and I wasn’t able to update the information since it was an automated process. Can this information be used to fight this judgment? The court documents even list the vehicle which I no longer had on the date of the transaction.
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A:Based upon the information provided it is my opinion that your no longer having the vehicle at the time additional extensions of credit were made will not help you defend this action. If you got the money, you will need to repay it. The creditor's lawyer might use the fact that you no longer had the security the lender bargained for by claiming that you defauded the lender by not disclosing this fact before applying for additional credit and that it was your obligation to retain the vehicle until all loans were fully paid off. I recommend that you consider settling this claim as soon as possible to minimize your liabiity for the lender's legal fees. My opinion is based only on the information you provided. If other facts exist, my opinion might differ.
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Q: How does an employee get help with working in a biased hostile work environment? M any issuer in the company.. Management tends to treat employees different when it comes to company policies only apply to the employees that speak up about issues or the ones that work hard and ask questions. When you go to the upper management, you get poorly treated. Management talks about personal information with all employees about other employees, then blame it on an employee to keep the drama there. Multiple people who are in romantic relationships in the same department and they don't have to follow the policy or rules that other employees must follow, or they get written up. Our check will have regular hours pay, the pto pay, and overtime pay; we are told we must use our pto even if we do not want to; I was made to use my pto for jury duty a year ago. Employees need help. Where do they turn?
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A:The complaints that you are making in your post sound like the working conditions in every corporate workplace in this country, so you are not alone. Favoritism based on providing sexual favors to management is prohibited by both Federal and State laws. While an employer cannot take adverse action against you (discipline) for JURY DUTY, Anyone who is a full-time employee serving on state or federal jury duty is entitled to his or her "usual compensation received from such employment." Ala. Code § 12-16-8 (1975) This means that your employer STOLE YOUR WAGES in your PTO account. There are indications that you need to file a claim with the US Department of Labor/Labor Board, but there are also several offices listed in AL- Gulf coast, Mobile, Montgomery, for wage claims. This is a wage claim issue. You need to contact a local attorney practicing this area of law. Thanks for using Justia, Ask a Lawyer.
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Q: My former employer opened a prepaid debit card in my name 3 weeks after my employment ended what can I do about it?. I asked them to close it and was told it would be closed the next day but the card is still being reloaded and used. I never received a card the whole time I was employed there and I did not authorize them to open a card in my name after my employment.
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A:If your former employer opened a prepaid debit card in your name without your authorization, this could be a serious issue, potentially involving identity theft or fraud. First, contact the company that issued the prepaid card and inform them that the account was opened without your consent. Request immediate closure of the account and ask for a written confirmation of the closure. It's also important to check your credit reports to ensure there are no other unauthorized accounts or activities. You can obtain free credit reports from the major credit bureaus. If you find any discrepancies, report them immediately to the credit bureaus and dispute the unauthorized activities. Document all your communications with your former employer and the card issuer. This documentation will be valuable if legal action becomes necessary. Since your former employer has not resolved the issue despite your request, consider seeking legal advice. An attorney can guide you on the best course of action, which may include sending a formal legal notice to your former employer or taking legal action to protect your rights and financial interests. Remember, unauthorized use of your personal information for financial transactions is illegal. Taking prompt and appropriate action is crucial to safeguard your identity and financial security.
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Q: I have an at-will contract and I reported my director to HR for his unfounded negative bias against me.. I claimed he treats me unfairly and this is a hostile workplace for me. I know that the company can terminate me without cause and no severance since it is an at-will contract. I have a few pointers that might be considered evidence that can support my claim. Is there anything I can do if they do so from an employment law perspective? I am not in any protected class.
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A:In New York, even under an at-will employment contract, there are legal protections against wrongful termination, especially if it's in retaliation for reporting workplace issues. If you reported your director to HR for bias and unfair treatment and then faced termination, this could potentially be viewed as retaliatory, which is illegal under both state and federal laws. Gather and preserve any evidence that supports your claim of unfair treatment or bias, as well as any communication related to your report to HR. This could include emails, witness statements, or any other relevant documents. If you are terminated after making a complaint, this evidence can be crucial in proving that the termination was retaliatory. If you do face termination under these circumstances, it may be in your interest to consult with an employment law attorney. An attorney can review the specifics of your situation, advise you on your rights, and help determine if you have a viable claim against your employer for wrongful termination. While being in a protected class can strengthen a discrimination claim, unfair treatment and retaliation for reporting such treatment can still be actionable. It's important to seek legal advice to understand your rights and the best course of action based on the specifics of your situation.
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Q: Does getting a non-resident tution waiver affect residency due to tax status and prior government benefits?. Greetings! I reside in Texas and am presently an international student enrolled at the University of Texas Arlington. I obtained a non-resident tuition waiver from the university through a scholarship, as mandated by Texas law. My future plans involve applying for a green card/residency post my graduate studies. I've come across information suggesting that having received a waiver may hinder residency applications, given concerns about not being considered a full-fledged taxpayer and having already benefited from the U.S. government.
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A:Receiving a non-resident tuition waiver at a university in Texas, like the one you have at the University of Texas Arlington, typically does not directly affect your residency status for immigration purposes. These waivers are granted based on scholarship criteria and are not considered public benefits under the U.S. immigration laws. When applying for a green card or permanent residency, the U.S. Citizenship and Immigration Services (USCIS) evaluates various factors, including your financial independence, employment history, and whether you've received public benefits that are relevant under the public charge rule. However, educational scholarships and waivers like yours are generally not considered in this assessment. It's important to maintain a clear record of your financial resources and how you have supported yourself during your studies in the U.S. This information can be valuable when demonstrating your self-sufficiency during your residency application process. If you have concerns about how your scholarship or waiver might impact your future immigration applications, it's advisable to consult with an immigration attorney. They can provide specific guidance tailored to your situation and help ensure that your residency application is handled effectively.
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Q: Hi so my ex girlfriend still had access to my instagram and she went through it months after we broke up and read. through it months after we broke up and read through my messages with another girl where we talked sexually and sent it out to my parents and my job and I got fired because of it is that illegal
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A:In Massachusetts and many other jurisdictions, unauthorized access to someone else's social media account or personal information without their consent can be considered a violation of privacy and may be illegal. This act is often referred to as "hacking" or "unauthorized access to a computer system." Also, you can change your password in the mean time.
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Q: Can our neighbor use security cameras in close proximity to my house to watch my children near his yard?. He has called the police on my son before told them he was banging on his house. But it wasn't him because everyone was sick and inside the whole day. At this point i feel like it is harassment and invasion of my privacy.
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A:Yes... Surveillance of one's property is legal. Government Surveillance of public areas except rest rooms is legal.
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Q: Am I obligated to pay my neighbor for his renovations to property that's mine even if I didn't give permission?. We share some property but neither of us are sure what belongs to who. I'm reaching out to a surveyor to ascertain this but he seems to just continue with his renovations and I'm just wondering if his renovations fall within our property if we're legally obligated to pay him even tho we never gave permission.
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A:Under California law, you are generally not obligated to reimburse your neighbor for renovations done on your property without your permission. To protect your rights, it is advisable to clearly communicate your boundaries and your lack of consent to your neighbor in writing. You are taking the correct step by hiring a surveyor to ascertain the precise boundaries of your property, and you should consult with a legal expert to address this matter properly, bearing in mind the specific facts of your situation.
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Q: Does my husband have legal visitation rights to my 16-year-old child, even if the child says doesn't want to see him?. The question is based on my wanting a separation from my husband. However, it's problematic since I have a minor child, and I plan to take him with me after separation. I don't need my husband's child support and I don't want my husband to meet my 16-year-old son after separation and neither does my son want to see his father due to some issues. Does my son's opinion matter, or does he have to see his father? Can my husband make this a big issue and make my son stay with him, regardless of who my son wants to stay with?
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A:Under California law, the wishes of a minor child, especially one as old as 16, are often taken into consideration in custody and visitation matters. However, a parent's legal rights, including visitation rights, are not automatically nullified based on the child's preferences. Your husband may still have legal visitation rights, and these rights can only be modified or terminated through a court order. If your son strongly prefers not to see his father, this preference can be presented in court, where a judge will consider it alongside other factors in determining the best interests of the child. It's also important to note that your husband could potentially challenge any unilateral decision to deny him visitation. In such a situation, the court would evaluate all relevant circumstances, including your son's reasons for not wanting to see his father, to make a decision. Given the complexities of family law and the specific circumstances of your case, it is advisable to seek legal counsel to navigate this process and ensure that your son's interests are adequately represented in any legal proceedings.
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Q: My grandfather disappeared at sea while abord the S.S. Robert Luckenbach owned by the U.S.S. Luckenbach company. Help?. It was 1951 after leaving Panama. The Captain wrote a letter questioning his mental health to N.Y. before notifying the family of his disappearance. Would I have a case against U.S.S. Luckenbach steamship company?
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A:I'm sorry for the loss of your grandfather at sea. If there are any remedies available under South Carolina law, a local attorney would need to advise on those. But your question remains open for two weeks and you also posted under Admiralty/Maritime. Under U.S. maritime law, the Death on the High Seas Act (46 U.S.C. § 30301–30308) is governed by a three-year statute of limitations. From the description, it looks like this took place in 1951, more than seventy years ago. Additionally, Luckenbach Steamship Company closed their operations after the Vietnam War sometime during the 1970s. I don't know if they went into dissolution or whether their rights and obligations were assumed by other shipping companies. I'm sorry, but this looks like a difficult one, in terms of the time element and the steamship company. You could reach out to law firms to discuss further - that would answer your question definitively. Good luck
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Q: What is a magistrate judge's duty when plaintiff presents clear evidence of defendants fraud?. Would a "Stay" be considered in lawyers slang as. "Sweeping the evidence under the rug."...? When the evidence is clear and undisputed. I understand I can't turn a civil proceeding into a criminal proceeding, but that doesn't mean I can't at least inform the Court of defendants actions. Thank you.
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A:When a plaintiff presents evidence of fraud in a civil proceeding, a magistrate judge's duty is to impartially assess and weigh that evidence within the context of the civil case. The judge must determine whether the evidence presented meets the legal standards for proving fraud, considering elements like misrepresentation, intent to deceive, and damages. A "stay" in legal proceedings, where the court temporarily halts the case, is not necessarily a way of ignoring evidence. It can be a procedural tool used for various reasons, such as awaiting the outcome of related matters or ensuring a fair process. It's not typically considered as "sweeping evidence under the rug," but more a pause for legal or practical reasons. If you believe the evidence of fraud is clear and undisputed, it's important to present it effectively and argue why it is crucial for the case. The judge's role is to evaluate the relevance and impact of this evidence within the confines of civil law. Remember, a civil proceeding is separate from a criminal investigation. While you can inform the court of the defendant's actions, the court's response will be within the scope of civil law. If you believe criminal conduct has occurred, you may report it to the appropriate law enforcement authorities for a separate criminal investigation. In navigating these complex issues, it's beneficial to have an attorney who can effectively advocate for your position and help you understand the legal intricacies of your case. They can also guide you on the best course of action, whether it's pursuing the matter in civil court or reporting it to law enforcement.
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Q: Am I technically withholding visitation?. ex has history of FV with a FV Battery guilty plea in 2016 & FV Simple Battery charges pending jury trial both I was victim to. I learned of a domestic dispute during a visitation weekend. There was drinking involved while at a friends pool, my ex was yelling at g/f and her 8yo and throwing stuff at g/f. Incident report says he told officers fight started after g/f called 2yo “f*cking retard” Relayed my concerns & was told it’s not my business. So I told him to take me to court to utilize visitation. He has since made NO effort to p/u child from daycare on scheduled weekends & no attempts to call daycare to see if child was present. He is holding me in contempt for withholding visitation. I can’t afford attorney. He lives 3 hrs away & I dont have means to make the trip so I couldnt file motion for modification of visitation. Am I in contempt? I feel as if I never really had the chance to withhold or deny visits?
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A:You telling him to take you to court about parenting time is contempt. However, if the parenting plan allows for him to pick up the child from daycare on his weekends, and he has chosen not to, you may not be held in contempt. If you feel that parenting time would put your child in a dangerous situation, then you need to file a modification with a court, not just ignore the court order.
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Q: CPS is trying to open a case for my children behavior what can i do?. my children have bad trauma and behavior problems. They more they come into our lifes they worse they are getting. They dont help me at all and she keeps saying " i am not going to remove your kids". what can i do? she want to open a case and present it to the judge . I decline
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A:Under California law, when Child Protective Services (CPS) is involved, it is important to engage cooperatively while asserting your rights. If CPS intends to open a case, you have the right to be informed of the allegations and to speak with an attorney. Engaging with CPS and showing a willingness to work on any identified issues can be beneficial. You might also consider seeking support services for your children's trauma and behavioral issues, as demonstrating proactive measures can be favorable in these situations. If a case is presented to a judge, you will have the opportunity to present your side and any evidence that supports your family's best interests. Remember, it is within your rights to decline certain actions, but having legal representation can guide you through the process effectively.
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Q: I've been working a new job for 3 months. I'm now injured. I need advice as far as FLMA Short term Diss...and Work Comp. I've seen my PCP she had me give my work an 8 day absent note I'm currently getting xrays so I have all paperwork and my PCP is doing FLMA paperwork with me Thursday. I haven't talked to my work since giving them the 8 days off doctors note Wednesday. I don't know what I should and should not say.
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A:Good afternoon. You are required in Arizona to provide prompt notice about an accident at work and, because you have been told by your doctor that you have an injury, you should notify a person of authority at the company what injury you think you have. That should be in the note from your doctor advising you to be off work for eight days and if not, get that information to the company. You are only entitled to compensation for time off work after the first week, so currently one day if you only miss eight days, and if you end up missing more than two weeks then you will be paid two thirds of your average wages back to the first day you missed from work. You are required to continue going to a doctor for treatment. The FMLA does not change your workers' compensation (WC) case and generally it does not include any payment for missed work, that's just from the WC benefits. I can only answer questions about the WC claim, but as I understand generally the FMLA advantage will depend on what work you are doing when you got hurt, what you are able to do when you are released back to some type of work (full duty or light-duty), and what jobs are available with the company at that time. It is my understanding that if someone else is hired to take your place, that person keeps their job and you can only be reinstated if there is a position available that you are qualified and able to do. You may be getting ahead of yourself with the FMLA, but that's not my area of practice and you should talk to someone in HR and also get a better understanding of the severity of your injury and how much time you're likely to miss from work. The WC case will pay you the time loss benefits I mentioned above, and 100% of your medical bills should be covered through the WC insurance. You are not required to pay any money at all for medical services related to your work injury and it is against the law for a doctor or hospital to charge you. It seems to be very early after your injury and if you have specific questions you should contact an attorney who is experienced in WC cases. There are attorneys who are certified as specialists by the State Bar of Arizona, and there are other attorneys who have been certified and no longer keep the certification for different reasons. I would recommend talking to a couple of firms or lawyers before you decide if you want to have a lawyer represent you
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Q: Do you have to mark the patent number on the product packaging or website?. If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?
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A:This is covered by Federal law 35 USC 287. The law limits the patent holder's ability to recover for past patent infringement damages to the first point in time when the infringer was notified about the patent. By contrast, by marking the product, the infringer is legally assumed to have notice as of the time the patent holder first started marking the product. So this can make a big difference in patent damages. Say an infringer had been infringing your patent for the last three years, but you had never marked your patent product with the patent number. Then you discover the problem and send the infringer a notification letter. The infringer only owes damages from the time of your letter, and not the previous three years.
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Q: Hello, I wanted to sue the Sacramento Sheriff's Department for locking me up on a murder charge that I didn't commit.. I was on my way to my brother's house and a Sacramento Regional Transit officer accused me of pointing my wife's gun at him which caused the Sheriff's Department to come and they arrested me on a murder that was committed by another person. I was locked up on that murder charge that I didn't commit and after three years, I was released and the charges were dropped. How can I sue the Sacramento Sheriff's Department for compensation?
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A:There are attorneys who specialize in this area. If you cannot find the experts, ask other attorneys as many of us have referrals.
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Q: My 5year old daughter has an iep and she broke her arm on the playground . What do I do next ? Who do I speak with?. The nurse made an assumption saying she is fine when we picked her up and we got to the hospital and it’s broken .no one has given me an incident report or even explained to me what happened. I asked what adult was on the playground and no one in the office knows anything and it’s been 5 days
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A:A California attorney could advise best, but your question remains open for a week. I'm sorry about your daughter's accident. You could try to arrange a free initial consult with a local attorney to discuss. If an attorney feels you may have the basis for a case, they could investigate more closely. It could be better for you to act sooner than later - if there is video surveillance of the area, that evidence could be fleeting, depending on the recording equipment and data storage. I hope your daughter is okay. Good luck
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Q: Can a car dealer make me make payments without having a vehicle Can they force me to get another vehicle from them. I bought a Tahoe from a car lot traded it in to same car lot they got me in a vehicle and transmission went out and I had only paid one payment they took car back and trying to make me make payments without a vehicle
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A:The Texas Lemon Law has very clear and specific requirements. You should review the public summary on the State website here: https://www.txdmv.gov/motorists/consumer-protection/lemon-law The Lemon Law does not affect your obligation to make payments to your lender or financing company under your loan agreement.
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Q: Are steering wheel nobs actually illegal or restricted use anywhere in the United States? City level or state level?. I wanted to purchase one for ease of turning, I have no physical limitations, handicaps, or disabilities and heard conflicting information about whether or not having one or using one was illegal. Some sources said that it's not illegal but that they were limited to only being usable by those with physical limitations/restrictions and wanted to know if it would be illegal or get me in any trouble to have one for no reason other than I thought it was nice.
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A:A Nevada attorney could advise best, but your question remains open for three weeks. Until you're able to get in touch with a local attorney, one option could be to check with DMV offices or the offices of local lawmakers. Good luck
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Q: I ran out of gas at 3:45 this afternoon on a dirt road and by 5:45 the cops had my vehicle towed. Can they do that. It was not blocking any roadway or it wasn't on private property it was on a dirt road
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A:In Arkansas, whether or not a vehicle can be towed can depend on various factors, including local ordinances and state law. Generally, law enforcement has the authority to tow vehicles that are considered abandoned or pose a safety risk. If your vehicle was not blocking the roadway or on private property, it might be questionable as to why it was towed so quickly, especially on a dirt road. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.
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