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answered on Aug 16, 2017
yes. corporation may not appear without counsel
per state law.
They want me to pay them another thousand dollars
My husband was served a complaint yesterday indicating that he was being sued by the HOA of a timeshare property that was foreclosed upon during his bankruptcy 9 years ago. They are claiming he has not paid his HOA dues for 9 years, which amount to $35,000 plus attorney fees, etc. I am an attorney... View More 
answered on Aug 14, 2017
Get a lawyer with an office near the courthouse where the case is pending. Don't wait until your default is entered. Have that lawyer interpose the discharge order from the bankruptcy and move to dismiss the complaint. Meanwhile, get your husband's bankruptcy lawyer to threaten the suing... View More
I paid up for a full year. The gym is closing. They have apparently sold our contracts to another gym that is across town, and not as nice, and are refusing to give refunds. What are my options? Thank you very much
answered on Aug 4, 2017
The answer to this question:
1. Requires a review of the membership contract when you joined;
2.Requires you consider that they may be filing bankruptcy and maybe did you a favor.
3. Small claims court.
Does California Civil Code 1717 void the limit to make it equal for both parties? Or has Landlord found a loophole? Can't find caselaw that answers this question.
answered on Aug 2, 2017
Section 1717 has been interpreted to mean that the prevailing party wins fees. It's a two-way street. The limit he proposes is against public policy and the court will override it and award fees in keeping with the statute not his attempt to forge a loophole.
answered on Jul 22, 2017
No. If you are in a lawsuit you are OBLIGATED BY LAW to follow the rules of discovery which are found toward the back of the California Code of Civil Procedure. See, e.g. CCP 2025. You can find that on the internet. One doesn't "submit" discovery. One either propounds it or... View More
I also believe that the other parent is in violation of many family law codes, as well as the before mentioned CA PC's.Such as: FL Code #3046. (b) , 3048. (a) & (b). CA PC 277. (f) states; In the absence of a court order, a parent loses his or her right to custody of the child to the... View More
answered on Jul 18, 2017
Reread the code section. It answers your question. If you think you can wade through all the procedural morass, don't hire a lawyer. Start by calling your local court's family law coordinator and see if you can get some free help. Otherwise, expect a large legal bill.
The author(s) own property- homes -in California and wish to be inoculated against suit.
answered on Jul 17, 2017
There is no way to be completely shielded from being sued. Any fool can sue you. Here's what you can do.
1. Buy insurance to cover the claims. Remember that insurance provides two separate benefits, a defense attorney, and money for damages won against you (if the conduct was not... View More
This would be for building cabinets, installing new flooring, drywall, painting, etc. - basically a small kitchen remodel over a period of months. I am told if no contract exists and paid by the hour, the handyman would be an employee of the homeowner, not a contractor. I am in California.
answered on Jul 9, 2017
He would be an illegal contractor and subject to prosecution by the State Contractors Licensing Board. If injured on your job at your residence he can sue you and you should hope you have workers' compensation insurance coverage in your fire insurance policy. If that's your situation... View More
To whom it may concern.By all due statute of the law. Duty disability income all can fall under protection laws procedures.Do you know the statute case law procedure where to look?
answered on Jun 30, 2017
Go back and ask again. This question makes no sense. Write it out first on paper, then post it---if you want someone to take it seriously!
they even went and hire atty. to change her last will. now they're trying to get rid of her by sending her to a hospice. my grandma last wish was to die in her house. they also stop all her medication. this is the only way we can help because only our aunt who lives near her is also scared for... View More
answered on Jun 26, 2017
They will get away with it unless you
1, immediately report them to your local county adult protective services agency, which you can find their phone number on the internet or phone book.
2. hire a lawyer to file a petition in the court requested your desired relief.
I hope... View More
My lease term is 6 months and I am in my 3rd month. The rent is 3000k per month, after two days Iate I pay 300 dollars and an additional 100 dollars per day after that. Does this violate usary laws or is it punative?
Can I sue? This is the US. Not Mexico. To me it is discrimination. I have no idea what they are saying I'm their correspondence.
answered on Jun 5, 2017
Sure you can sue. The question is: can you win? not every kind of discrimination is illegal. You can prefer beef to pork, for example. Discrimination laws protect certain CLASSES of people as defined in our constitution and laws. An airline cannot be prevented from not hiring very heavy and... View More
This pen name would be my stage name for me to fully identify with at all times. Thus, in order to keep my real identity secure and private from anyone doing some research looking to discover the publishing artist real birth given name.
answered on May 30, 2017
You can use any name you want to, as long as you don't defraud anyone or evade a tax. On tax returns they'll ask you for both. But those are confidential. It's called a pseudonym not a pen name, which is a term used for writers.
So, I'd say no. Names can be protected,... View More
I own a Math & Reading Franchise and I employee many part-time graders, who are primarily high school students. Last week I had a surprise inspection from Labor Commissioner's office and I have been cited for a violation of L.C. 226.3. The reason given was that I have been paying my... View More
answered on May 30, 2017
In this instance you SHOULD hire a lawyer. Other higher ups may decide that your action was inadvertent, although really it was intentional in the sense that no one made you do it, though inadvertent in terms of legality. The code section explains it:
Any employer who violates subdivision... View More
So basically, I'm under an illegal contract with fullscreen right now, since I'm not 18 years old which is recquired to join the network. So if I send my goverment issued photo ID and explain to them what happened, they must let me go. But the problem here is if I'll get paid for the... View More
answered on May 27, 2017
Who told them you were 18? You left that important point out.
Can a minor commit fraud? Sure. Did you mislead them?
Yes, your contract is void due to age, if there was no parental consent. That normally means each party is put back into the same position they were in before the... View More
I have read that landlords are required to give 60 days notice if the tenant has occupied the dwelling for more than 1 year. Does this rule also apply to tenants? Thank you in advance for your assistance - it is very much appreciated.
answered on May 26, 2017
Maybe yes, maybe no. The 60 day notice applies to landlords. The contract terms apply to tenants. Read it.
answered on May 24, 2017
Yes. Nothing illegal about it. Reasonable too, if you think about how brokers get paid--based on results that may take much time and expense, but no compensation as you go along.
They don't want to refund me and now my kids don't want to play softball no more can I sue
answered on May 15, 2017
Anyone can sue anyone for anything. The question is can you win. Here no. They are a private organization with likely no assets. So even if you win, part B of the real question is can you collect if you win? I think the answer to both questions is no. Your kids have no obligation to play... View More
answered on May 12, 2017
Get him into a dementia care facility, then complete your sentence.
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