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Questions Answered by Gabriel A Watson
1 Answer | Asked in Contracts, Business Law and Libel & Slander for Oregon on
Q: When a landlord wishes to sell and the realtor uses your name, plus claims you have no lease ?

Oregon commercial lease and a landlord wishing to sell your building and the realtor goes door to door claiming your closing and have no lease when you do. And the evidence was shown to be true and they had 3 law firms try a manmade default what would the law of limitations be time wise and how... Read more »

Gabriel A Watson
Gabriel A Watson answered on May 16, 2020

It will depend on specifics but you could have a number of different claims against the different parties you refer to.

Begin by looking at the terms contained in your lease--or if you do not have a lease there will be other rules that apply depending on the nature of your relationship with...
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1 Answer | Asked in Civil Rights, Criminal Law and Libel & Slander for Oregon on
Q: To force Police to provide as FOIA on a closed murder case how can i find a person to do that in Oregon

Murder 2013 solved audio and CCTV from Police is wanted

Gabriel A Watson
Gabriel A Watson answered on May 16, 2020

FOIA requests can generally be made by any person to any federal agency, but requests can also be denied for any number of reasons. If you are requesting information from a local police department, this is often done using a public information request.

Unfortunately, although anyone can...
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1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Hello, My name is Madison and I am 17 y/o. I need help with legal questions about leaving my home as a minor.

My parents and I dont get along and we get in fights all the time. it doesnt feel like my house is my home anymore and I hate coming home.The other night my parents and I were in a fight and my step dad hit me in my face. I told my coworker about it and she said that I was able to come stay with... Read more »

Gabriel A Watson
Gabriel A Watson answered on May 15, 2020

What you are referring to is called "emancipation." In Oregon, you must be 16-years-old to be emancipated but there are additional factors to consider. If your "home" is violent and being there places you at risk of physical violence and harm, emancipation is something to... Read more »

1 Answer | Asked in Contracts for Oregon on
Q: Can a venue keep my deposit for a wedding planned for August 2020?

We paid a deposit for a venue in Oregon for an August wedding. Due to COVID-19, the venue is telling us we are being limited to 25 people. We asked for our deposit back and they are refusing. Not only are they refusing to return our deposit, they are telling me they will be grabbing the remainder... Read more »

Gabriel A Watson
Gabriel A Watson answered on May 15, 2020

The answer to this question will depend on a number of specific factors--and COVID-19 makes matters even more complicated. Everyone, including attorneys who assist clients with the law, and lawmakers...who make the laws, are in uncharted territory right now; unfortunately, you too are impacted by... Read more »

2 Answers | Asked in Employment Law for Oregon on
Q: Are Payroll records covered under Hipaa laws? Is it illegal for me to see them if I've been given access in the past?

I am 1 of 2 who work in my office. We are on our 4th office manager since I started. At times I have been the only office person for weeks and done all office duties besides Payroll. My company uses a Payroll service, but can't always pay the taxes right away, so writes us checks with no... Read more »

Gabriel A Watson
Gabriel A Watson answered on May 15, 2020

HIPAA stands for Health Insurance Portability and Profitability Act and as Mr. Stevens' explains, relates to personal healthcare information. HIPAA laws don't relate to payroll, rather, they relate to medical treatments and protecting information from persons or entities who have no... Read more »

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1 Answer | Asked in Employment Law for Oregon on
Q: How does carrying over accrued sick time work in Oregon?

I am confused about how carrying over my accrued sick time is supposed to work. At the end of 2018 I had 23 hours of accrued sick time I did not use that then carried over to 2019. In 2019 I accrued an additional 45 hours- bringing my total accrued hours to 68. I used 40. Does the remaining 28 just... Read more »

Gabriel A Watson
Gabriel A Watson answered on May 14, 2020

The answer to this question will depend on a number of factors. I would begin by looking at the policies in your employee manual or employment contract (if you have one). Often accruals, and the amount that an employee is allowed to carry over from one year to the next, are bargained for. However,... Read more »

1 Answer | Asked in Civil Litigation for Oregon on
Q: I live in a HOA where the BOD is using the COVID-19 Emergency to have "emergency" closed meeting via the phone. Legal?

They say they are "Grandfathered" in and the rules do not pertain to them as the attorney has told them. I want to contact the Attorney General, but was told that there is a clause in which we have to have mediation first. How do you mediate breaking the law?

Gabriel A Watson
Gabriel A Watson answered on May 13, 2020

The answer to this question will depend heavily on what allowances exist in the HOA bylaws and whether the Board of Directors is following them.

If the bylaws allow emergency meetings under conditions such as those that exist relating to COVID, it is possible the Board of Directors is...
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2 Answers | Asked in Employment Law and Securities Law for Oregon on
Q: Oregon. 40 hr as security, no breaks. Sup said he would take away our ability to sit as punishment. Legal or not?

Sup said bc people were putting their feet up on the desk, he would take away all chairs so we would have to stand for 8-12 hrs at a time. We do not get any breaks, no meal time or anything. We eat as we are working if we have time and often going to the bathroom we get angry people wanting to... Read more »

Gabriel A Watson
Gabriel A Watson answered on May 12, 2020

The short answer is no, the conditions you are describing are not legal. The threats might or might not be illegal but denying you breaks and requiring you to work over a set number of hours is not allowed.

In Oregon, every employer must post information provided by the Bureau of Labor and...
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2 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Sexual Harassment for Oregon on
Q: Can my landlord come stay at my rental property? I take this as a threat.

I do not have a written lease, only verbal. I told my friend/landlord about a guy I was seeing. Shortly thereafter my landlord showed up unwarranted and stayed in a garden shed, told me I lost his trust, made hideous sexual references, threatened to kick me out. A few tough weeks followed, I’d... Read more »

Gabriel A Watson
Gabriel A Watson answered on May 12, 2020

An attorney will say "It depends." You are describing a number of potential issues and depending on the specifics, these issues raise to illegal conduct. Depending on where you are living (in Portland, Multnomah County, or???) different rules apply. Although you are in Oregon and State... Read more »

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1 Answer | Asked in Juvenile Law for Iowa on
Q: Can a 17 and 20 year old date?

I live in Iowa, I’m a 17 year old female and want to date and possibly have sexual relations with a 20 year old male. is this legal?

Gabriel A Watson
Gabriel A Watson answered on Apr 28, 2020

The Age of Consent in Iowa is 16 years old.

In the United States law, the term "Age of Consent" describes the age at which an individual, male or female, is considered legally of age to consent to participation in sexual activity. This means that individuals less than...
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2 Answers | Asked in Copyright on
Q: Can anything hinder me from using PUBLIC DOMAIN books in a videogame I'm making? I want them to be readable in the game

There will be shelves in some of this videogame's settings, and I want the books that are on them to be readable. It's a game that talks about philosophy, mysticism and psychology. The books wouldn't be a "must" to succeed in any stage of the game, but they'll just add... Read more »

Gabriel A Watson
Gabriel A Watson answered on Apr 28, 2020

Generally speaking, In the United States, the term "public domain" is used to describe creative materials that are not protected by intellectual property laws. With some exceptions, anyone can use works within the public domain--and nobody can own them. This means that you can use works... Read more »

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2 Answers | Asked in Consumer Law and Civil Rights for California on
Q: can we sue airlines for knowingly selling tickets of flights that never take off during cover-19 lockdown?

airlines have already uploaded their may schedule with limited international flights, but still selling tickets of many routes that is not going to operate to collect cash. forcing travelers to buy multiple tickets hoping one of them works.

Gabriel A Watson
Gabriel A Watson answered on Apr 28, 2020

I agree with Mr. Fazzi.

Before a lawsuit is "ripe" which essentially means, 'ready to be filed,' certain things (legally referred to as 'prima facie' elements) must take place. One of these necessary elements is 'damages' i.e. injury, loss, or harm....
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