answered on Oct 26, 2022
Yes, that case has not been overturned. Are you the member whose membership is being questions/revoked, or the golf club? Either way, it would behoove you to contact a litigation attorney to discuss the matter in detail.
defendent in civil court using the same arguments?
answered on Oct 14, 2022
Once a small claims judgment has been made, the losing party's only remedy is to appeal the judgment. If the matter in controversy is less than $10k, it is the exclusive jurisdiction of small claims court and a case for that amount cannot be filed in Superior Court. If the losing plaintiff... View More
Public school employee in 1980
answered on Oct 10, 2022
I am appalled to hear that these things happen to children, especially by a public school employee. You should pursue your rights to collect damages from the responsible parties. Under a law passed in 2019, childhood victims of sexual assault have until the age of 40, or within 5 years of the... View More
Discussion was about unfair treatment and frequent policy changes as retaliatory conduct against residents who complain or start grievance process. Discussion was in front of other residents, not a private conversation. I recorded my voice and responses out of concern that my words would be... View More
answered on Oct 7, 2022
It is not illegal to record a conversation where there was not consent by all parties involved (i.e. you did not break a law). The recording, however, is not admissible as evidence in any action regarding the subject or content of the recording.
What is the proper written method to request or demand extension of time to produce documents not easily available for response to interrogatories and or production of documents? LA County. Med records are in other country and need to be translated, how to proceed extension of time request with... View More
answered on Oct 6, 2022
You can request by email or letter to the opposing counsel the extension you need; the request is not sent to the court.
My son used his private insurance for medical bills. The other driver didn't give his insurance info until later on..the attorney he has does not specialize in auto accidents and I feel he is being screwed on any settlement to pay back the medical costs. I want to switch auto insurance... View More
answered on Sep 30, 2022
You can switch insurance companies now without a problem. The duty of your insurance to pay on a claim relates to the operative time period of the policy, so if you had coverage with the former insurance company at the time of the accident that policy is responsible to pay the losses associated... View More
Mom paid Neptune $2400 to cremate my Dad. I took her to their office, she signed paperwork where SHE was the surviving spouse who had rights to his cremated remains - my younger sister was asked by Mom to go to Neptune and "pick out " an urn for Dad. When she did this, she also had the... View More
answered on Sep 21, 2022
It sounds like there was some fraud committed in the changing of the disposition agreement. You have legal rights when someone commits fraud in such a situation. I agree that you should consult an attorney for a consultation as to what your legal rights/remedies are.
During a settlement conference I had a momentary lapse of judgment and agreed with what my lawyer was telling me (to settle my case). He actually tricked me and then blamed me for not communicating with him (lie). At the end of the day the judge went back to the other party and they accepted our... View More
answered on Sep 19, 2022
If the settlement was not put in writing, signed by both parties, and you made clear to the judge that you did not in fact agree to the settlement number the other side agreed to, then there is no enforceable settlement (i.e. no meeting of the minds with regard to the terms of the settlement).
Gf was in an accident(at fault) with 2 other vehicles. (25k/50k policy) First vehicle took the settlment. Second vehicle owner is suing for 250k. She makes about 35k a year and no savings. Can we lose our home that is under both our names. 250k mortgage, valued at 390k? Is it protected under... View More
answered on Sep 19, 2022
It depends on how you own the property, as joint tenants or as a tenancy in common. If you are joint tenants, then a judgment creditor cannot likely place a lien on your home. The homestead exception applies only if the judgment debtor files for bankruptcy protection, in which case the home she... View More
I did not have diabetes and am no medication except a water pill today , as a result of the medication my skin lifted off my body and my internal fluids leaked out. I had to be hospitalized and re-learn to walk and have lost my professional career
answered on Sep 19, 2022
You should contact a personal injury/medical malpractice attorney right away. You only have 1 year after the malpractice to file a claim/lawsuit against the doctor.
We had a trespasser on our property and when we attempt to remove him he kept resisting. We had the key but he kept locking the door back up if we opened. My associate got angry and broke the door down. The trespasser fled out the back door. Is the trespasser entitled to any protections/is my... View More
answered on Sep 16, 2022
If the trespasser was injured when the door was kicked down, then yes, your associate may be liable for the injuries (your remedy should have been to call the police and let them deal with it). You should not be exposed to liability if you did nothing to injure the trespasser (unless you incited... View More
I own half of the house. He has made it so toxic that for my health I need to move out while he tries to get a loan to buy me out. I pay half of the loan we got for the house and I pay half the space rent. He says if I leave he will pay my half until he buys me out but I want something to protect... View More
answered on Sep 16, 2022
If you are on the loan as a co-mortgagee, then if he does not pay the full loan amount you are jointly liable to the lender for its payment. This is the case until you are taken off the loan by the lender.
Occupants who did not have a lease entered a property and refused to leave. Owner entered by breaking down door after trespassers refused entry. Are the trespassers entitled to any damages for the suffering caused by forcible entry? No bodily contact of anyone.
answered on Sep 15, 2022
In CA, one is only legally entitled to use sufficient force to protect themselves based on the amount of force being used against them. If there is no force being used against them, and the trespassers are merely squatting, no force is permissible to be used against them. It sounds like they are... View More
answered on Sep 13, 2022
You will need to provide some more information before an attorney will be able to evaluate whether to represent you in your case. What activity were you deprived of by the police, and how, when?
The order was issued to a US manufacturer, manufacturing goods overseas; I canceled the order one month prior to delivery because there were some delays and I didn’t feel the manufacturer would be able to deliver on time. Can I ask them to refund the deposit I made? We are both corporations
answered on Sep 12, 2022
It depends on the language of the Purchase Order or other sales contract between you and what rights to cancel is set forth therein.
anything about the lawsuit. The lawsuit was in New York and I am in California
answered on Sep 12, 2022
If you never received any notice of the lawsuit that forms the basis for the wage garnishment, there are ways you can challenge the court action (e.g. by making a motion to the court to quash service of any summons). If there was a judgment already entered against you in the NY court that you were... View More
My tenant vacated the premises when her lease expired at the end of May. There was a move out settlement agreement in which the security deposit was returned as courtesy relocation funds, however, I retained the right to provide a statement of damages if there was existing property damage.... View More
answered on Sep 12, 2022
If you have actual knowledge that she no longer resides at the premises address, then serving her there won't suffice. You need to serve her in a manner that most assures she will receive actual notice of the lawsuit, so you may request an order from the court to serve her by publication,... View More
Someone sued me and and accused me of doing something dishonest that didn't happen. They should have known better because we both had the same records and receipts from a job I did. I'm an independant contractor in a small community. If this gets out I'm afraid it will make it hard... View More
answered on Sep 1, 2022
Yes, unfortunately the litigation privilege is nearly absolute (rare exceptions relate to crimes, mostly), so something false said in a court document/complaint is privileged and shields the plaintiff from liability. However, if you win the lawsuit and can show the evidence that what plaintiff... View More
answered on Aug 29, 2022
Yes, if you have proof of what you gave them and instructions to them that indicate they were not to have the valuable cards, then you should be able to 1) demand them back via a legal demand letter, and 2) if they don't comply, sue them for conversion of your personal property.
Do i file a petition called ANSWER AND COUNTERCLAIMS or is just a general denial and asking for relief in the prayer correct? This is civil district court.
answered on Aug 16, 2022
In order to assert a counterclaim, you need to file a Cross-Complaint at or before the time your Answer is due to their Complaint, if the counterclaims arise from the same set of circumstances/facts as the Complaint. If your claims are separate and unrelated, you can assert them later in a... View More
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