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2 Answers | Asked in Contracts and Landlord - Tenant for Utah on
Q: Is an addendum a form of a lease?

A non-resident rents a garage and signed an addendum , then the apartment wants to raise the fee 100%.

Wesley Winsor
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Wesley Winsor
answered on Jan 5, 2024

It's essential to review the terms of the contract and the addendum closely. If the agreement specifies a fixed rate for a certain period, any increase that contradicts this would not be permissible. Ensure that the addendum, which is part of the lease, does not grant the landlord the right to... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Utah on
Q: I submitted my lawsuit complaint on November 17 2023 and it’s hasn’t move from there cant I ask the judge for review

Can I ask the judge to speed up case so I could server defendants to be served

James L. Arrasmith
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answered on Jan 2, 2024

If you haven't already, consider consulting with an attorney experienced in civil litigation. They can provide guidance on the best course of action, help with drafting and filing any necessary motions, and ensure that your case is being handled efficiently.

Remember, while the legal...
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1 Answer | Asked in Civil Litigation for Utah on
Q: If the daycare I use broke multiple security procedures. What is the best way of handling this?
James L. Arrasmith
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answered on Jan 1, 2024

If you discover that your daycare has violated multiple security procedures, the first step is to address the issue directly with the daycare management. Document your concerns and the specific procedures that were breached. Ask for a meeting to discuss these concerns and understand what steps they... View More

1 Answer | Asked in Juvenile Law for Utah on
Q: I (16) got into a fight with a 17 year old and they are charging me with disorderly conduct what will my consequences be

Will my charges be dropped when I’m 18

James L. Arrasmith
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answered on Dec 31, 2023

Facing a charge of disorderly conduct at 16 can have varying consequences, depending on the specifics of your case and the laws in Utah. As a minor, your case is likely to be handled through the juvenile justice system, which often focuses more on rehabilitation rather than punishment.

The...
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1 Answer | Asked in Employment Discrimination for Utah on
Q: Is it legal for my boss to discriminate against me because he is having problems with his landlord whi is my father?

My boss for the past several months has started singling me out and telling people not to tell me certain things. When I ask him about this his response and in writing was. "You are Randy's daughter." Randy is his landlord and there having disagreements. So since hes is having... View More

T. Augustus Claus
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answered on Dec 29, 2023

Discrimination in the workplace violates various employment laws. In your situation, where your boss is singling you out, excluding you from meetings and events, and paying you significantly less than others in similar positions, you may have grounds for filing a discrimination complaint. It's... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: When conducting a search warrant can police use excessive force on me and my children even if we are complying?

Police came banging on my door not once did they announce who they were or that they had a search warrant. I grabbed my pitbull and asked if I can put her in the kennel before they completely broke down my door . They kicked it in and all i can see is guns pointing at me and my two children and... View More

James L. Arrasmith
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answered on Dec 23, 2023

Under Utah law and the U.S. Constitution, police are required to conduct themselves in a manner that respects your civil rights, even when executing a search warrant. The use of force must be reasonable and proportionate to the situation. Excessive force, especially when you and your children are... View More

1 Answer | Asked in Divorce and Family Law for Utah on
Q: Do I have any claim to the proceeds of the sale of my (soon to be ex) husband's house, where I am listed on the title?

He sold the house 6 months ago, and is holding on to all of the proceeds. We are about to go through a divorce. He is claiming that I have no right to that money. Is he right? My name was on the deed and title.

T. Augustus Claus
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answered on Dec 20, 2023

In Utah, if your name is listed on the title and deed of your soon-to-be ex-husband's house, you likely have a legal claim to a share of the proceeds from its sale, even if the sale occurred before the divorce proceedings. The fact that your name is on the title indicates ownership interest in... View More

1 Answer | Asked in Employment Law for Utah on
Q: My husband got fired today. Does his company have to pay him the 80 hours of vacation he had saved?

In Utah they are suppose to pay you for vacation time as they would a wage unless they otherwise stated in contract. His old company is now saying it is their policy that they for-fit unused vacation. She then said they handed it out a year ago and that he never returned it. She said she still has... View More

James L. Arrasmith
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answered on Dec 12, 2023

In Utah, the issue of whether a company must pay out accrued vacation time upon termination depends largely on the company's policy. If the company's policy clearly states that employees will forfeit unused vacation time upon termination, and this policy has been communicated to the... View More

1 Answer | Asked in Business Law and Construction Law for Utah on
Q: My previous client is trying to bill me for a valve he purchased. What legal standing does this have?

I have a very small tile installation business. I am both licensed and insured. I recently completed a shower for a client who claims I cut a hole on a tile "too large" and that the valve wouldn't fit. I cut the hole to a standard valve size which also matched the one below it. He... View More

Wesley Winsor
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Wesley Winsor
answered on Dec 12, 2023

Hello,

You probably have nothing to worry about. The home-owner is likely trying to see if you will pay something. Until he gets an attorney involved, I wouldn't get too worked up abou it. Here is an anlaysis of it though:

In general, the legal standing of a client's...
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1 Answer | Asked in Criminal Law for Utah on
Q: In Utah is there a certain amount of time in which you must be sentenced???on a Misdemeanor- case???

I pled guilty to a possession pf controlled sub for marijuana and a shoplifting sheilding devices charge on 3-3-2020. The judge ordered a pre sentence report, sentencing was to be 50days after 3-3 The court rescheduled it, but I never received the notice because someone sent it back as not at this... View More

William Melton
William Melton
answered on Dec 11, 2023

No, there isn't a certain amount of time. However, you have been sentenced. The judge sentenced you to jail, but you have been a fugitive. You should consult with an attorney to help you finish the case. If you've stayed out of trouble they may be able to use that to help with your sentencing.

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Utah on
Q: Does a specific antibody deficiency disorder fall under the category for ADA disability act? I also am Rh- F5 owrens?

F5 is factor 5 Owrens disease where my blood is missing the clotting antigen. My employer put me on desk work took away my fridays claiming to accomodate my disorder. I lost 1400.00 mo due to this "accommodation".

James L. Arrasmith
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answered on Dec 6, 2023

Under the Americans with Disabilities Act (ADA), a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Specific antibody deficiency disorder and Factor V (F5) Owren's disease, given their impact on your health and potentially on... View More

2 Answers | Asked in Personal Injury and Civil Rights for Utah on
Q: Can a loss prevention employee after placing a person in handcuffs slam them against a wall when they are 100% complying

A loss prevention employee of WinCo placed a person in handcuffs when the person was complying to their orders a loss prevention employee came behind them slamming them into a wall giving them a black eye. Claiming merchant law

James L. Arrasmith
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answered on Dec 5, 2023

In Utah, loss prevention employees have certain authorities under the state's merchant law, such as detaining individuals suspected of shoplifting. However, this authority is not unlimited and must be exercised within the bounds of the law.

If a person is fully complying and poses no...
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1 Answer | Asked in Gaming, Copyright, Intellectual Property and Trademark for Utah on
Q: Can I use "K9" for a Dog Kennel, Gaming Community, or any Publicly Official Name and risk legal trouble?

I am considering a few ideas and want to relate them to my dog. I have a dream of owning and running a Dog Kennel and Breed Dogs Officially and I have a Gaming Community that is looking for an Official Name. I would like to relate it with K9. I know K9 is often referring to Federal Working Dogs and... View More

James L. Arrasmith
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answered on Dec 4, 2023

Using "K9" in the name of your dog kennel or gaming community is generally permissible, as "K9" is a common term used to refer to dogs, particularly in the context of police or military dogs. The term itself is not typically subject to copyright because it is considered a... View More

2 Answers | Asked in Collections and Family Law for Utah on
Q: Can I respond to a court summons on behalf of my Father?

My Father was served a court summons related to a debt. However he has Dementia and isn't competent to reply himself. As his son, Can I respond on his behalf? I do not have Guardianship or PoA over him.

James L. Arrasmith
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answered on Nov 24, 2023

Responding to a court summons on behalf of your father, especially given his dementia and incapacity, is a sensitive situation. Generally, without legal authority such as guardianship or power of attorney (PoA), you may not have the legal standing to respond to the summons on his behalf.

In...
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1 Answer | Asked in Divorce, Estate Planning, Family Law and Arbitration / Mediation Law for Utah on
Q: I want to protect my assets before a divorce by creating a trust. Should I have a trust before or after the divorce?

Is creating a trust the best option to protect my assets before a divorce in Utah? If yes, should I have my trust before or after the divorce? What options I have to minimize the loss of my assets in Utah?

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 17, 2023

If you are already married, the only way a Trust might help is if both of you sign an irrevocable trust, permanently giving up your asset. For example, the irrevocable trust could give the asset to your children. Once you both sign it, you no longer have control over the asset, so neither of you... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: Can an officer take your phone from you while you are being detained because they don't want you to record it?

This happened in Utah

T. Augustus Claus
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answered on Nov 14, 2023

Police officers cannot take your phone from you while you are being detained because they don't want you to record it. The Fourth Amendment to the United States Constitution protects your right to be free from unreasonable searches and seizures, and this includes your right to record police... View More

1 Answer | Asked in Contracts, Real Estate Law and Probate for Utah on
Q: If 4 kids sell a house inherited & 1 nonexecutor says no after contracts start is that legal for a lien to be placed?

4 kids inherited a property from parents with 2 being an executor. After a closing date is set 1 nonexecutor kid places lien on property wanting price to be raised 200k. Price being sold is appraisal value. Is this allowed to stop closing of house and is there really a lien allowed to be placed on... View More

James L. Arrasmith
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answered on Nov 12, 2023

Based on the facts provided, it would likely not be legal for the non-executor sibling to place a lien on the inherited property to prevent the sale after contracts have been started. Here are some key considerations:

- If there are multiple heirs, the executors have authority to sell...
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1 Answer | Asked in Employment Discrimination and Immigration Law for Utah on
Q: I got a new employer pn H1b but my current employer is not providing me paystubs so how to proceed with new employer?

I got my H1B approved by a consultancy this year and once my h1b approved, I started looking for C2C projects. My employer has not helped me to put into a job at all. I found out a new employer for myself and now they are asking for paystubs for visa transfer. I asked my employer for pay stubs and... View More

James L. Arrasmith
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answered on Nov 9, 2023

If your current employer is not providing pay stubs, which are typically required for an H1B visa transfer, you should first document your requests for these pay stubs. If the employer continues to withhold them, you may consider filing a complaint with the state labor department or the U.S.... View More

2 Answers | Asked in Contracts, Copyright and Intellectual Property for Utah on
Q: y boyfriend builds decks and in past did for a company that has published photo’s of his work on a national decking web

Not recognizing him as they builder in any article or on discription of the deck .can he sue for not having him recognized as the actual builder ?

James L. Arrasmith
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answered on Nov 9, 2023

Your boyfriend's ability to pursue legal action for recognition as the builder in published photos of his work would depend on the terms of any contract he had with the company and on copyright laws related to authorship and works made for hire. If there was an agreement that credits him as... View More

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1 Answer | Asked in Business Law, Divorce and Family Law for Utah on
Q: If my wife helped me with my business and we get divorced am I obligated to keep paying her if she no longer helps?

The business license is in my name. She is considered an employee on taxes. I can do everything without her help. She can't operate the business without me. Its a strictly labor based business. Small home based business. Just us 2 working the business.

Wesley Winsor
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Wesley Winsor
answered on Nov 6, 2023

Is she an owner of the business or just an employee? If she is an owner than every time you take an owner's draw she needs an equal amount distributed to her. I would have thought that the divorce decree would have addressed this issue. If it hasn't addressed this issue, then here are... View More

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