The case law I refer to is "Teche Lines, Inc. v. Danforth, 195 Miss. 226, 12 So.2d 784 (1943)."
Would it be allowed to use in California for an incident? (May you correct me if i am wrong)
Example:
Charge: “Vehicle Obstruction”
HELD: The right of a... Read more »
answered on May 11, 2023
Mississippi case law cannot be cited in a California case as authority. Where a California case has incorporated the reasoning of the case of another jurisdiction and applied that reasoning to the facts of a California case, which happens occasionally, then that would be different. I would... Read more »
I contacted U-haul to pay and retrieve my property.They had thrown it in the trash..I had a stamp collection,worth a tremendous amount of money.Do I sue them in a civil case or arbatration? They are responsible for holding my property until I went to court,which they didn't show up.is that... Read more »
answered on Nov 16, 2022
It sounds like you were on "found not guilty" but "pleaded not guilty." You need to hire an attorney to fight for you. If you cannot afford an attorney, the court will appoint a public defender to represent you. [I litigate cases. Anything posted here must not be construed as... Read more »
Closet doors fallen on my son's head and had to get 7 staples to his wounded head. Can I sue landlord? They have yet to fix closet doors. Incident happened in July and it is now November. Closet door been broken for years
answered on Nov 15, 2022
If landlord was aware of the dangerous condition causing injury, you or your son may be entitled to relief against him or her. Also, you may have rights as a tenant regarding repairing and deducting from the rent. You don't want to repair anything however until you've first pursued the... Read more »
My insurance company had already found me 100% liable without the chp report being released
What type of lawyer handles this type of case?
answered on Nov 15, 2022
That's odd. As Mr. Anapol has stated, insurance companies generally have a duty to defend. If the insurance company is denying coverage, speak with an attorney handling insurance coverage or bad faith litigation. [I litigate cases. Anything posted here must not be construed as legal advice,... Read more »
If your car breaks down in a gas station parking lot and you have a tow truck on the way but you have expired tags can an officer tell your vehicle even though the car cannot run just because of expired tags and then search your vehicle also can he perform a drug test strictly because you’re... Read more »
answered on Oct 19, 2022
More information is needed, but the inquiry will be whether there was a basis to search the vehicle. The police will likely say that they impounded the vehicle due to the expired tags and conducted an inventory search. There are at least 4 separate issues to consider- the basis for the stop,... Read more »
isn't he supposed to go to court no later than today or be released? the jail says no but, it is over the 48 hours
answered on Oct 9, 2022
He must be arraigned within 48 court hours. The court is not in session on Saturday, Sunday or holidays, so those times would not be counted. Speak with a local criminal attorney to assist him. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming... Read more »
The guy I’m trying to get a permanent restraining order against called in today and was excused because he was “sick”. They rescheduled it. I’m just worried he’s going to keep calling in to avoid the hearing
answered on Oct 4, 2022
It would likely depend on whether he's actually sick [or has tested positive for, e.g., covid]. As you're aware, the courts are rightfully cautious during these times. Your temporary orders, if granted, should remain in place, provided you're requesting they be extended. Speak with a... Read more »
answered on Sep 27, 2022
More information is needed to address your specific question. As a point of general information, I believe planned non-operative vehicles cannot be driven or parked on public streets [posing issues for those who may want to test drive the vehicle], but I believe they can be sold. To get advice... Read more »
There are staffing companies issuing 1099 to Registered Nurses who want to pick up shifts at different hospital? Is this even Legal due to the inability to pass the ABC test for independent contractor?
answered on Sep 27, 2022
This hypothetical raises questions regarding the nature of the relationship between the nurse and the staffing agency likely more than the relationship between the nurse and the hospital the staffing agency contracts with. There are a limited and qualified exemptions to AB 5- speak with a local... Read more »
Does anything change when one of my parents pass? Can the remaining parent change anything?
answered on Sep 25, 2022
It would depend on the terms of the trust, but generally the surviving spouse acts as trustee until his or her death, followed by a successor trustee. There can be multiple or co-trustees. Speak with a local attorney regarding your rights and responsibilities. [I litigate cases. Anything posted... Read more »
I was attempting to get my papers filed to then serve on the other side. I dropped them off for filing. I was put off 3 days with the reason "they are not ready". When I explained I just wanted to have them filed to then serve the other side, they had no explanation. They gave them to a... Read more »
answered on Sep 23, 2022
It depends what it is. If you filed for a restraining order, then many counties will set a hearing re: temporary orders. I'd say however the most common practice is for the court to make a determination regarding issuing temporary orders based solely on the papers. Speak with a local attorney... Read more »
Respondent was served a month ago by the sheriffs department at the courthouse, now his lawyer has filed a request to change court date since he just received the paperwork a week before court
answered on Sep 23, 2022
A newly-retained lawyer will, of course, need time to prepare for the hearing. It sounds like this relates to a domestic violence restraining order- I believe the request to continue hearing form is DV-116. If you don't have an attorney, you should speak with one in your area, as it's not... Read more »
I don't know how he received my number but he started sending me pictures and messages in a foreign language. I ignored all messages as I assumed they were from a mistaken sender until one day I receive a picture of the cars in front of my moms house. I google the number and we trace it to my... Read more »
answered on Sep 22, 2022
I also think a restraining order may be a good idea given what you've shared. Given this is not a close family member, you'll need to speak with an attorney about filing a request for a Civil Harassment Restraining Order. Good luck. [I litigate cases. Anything posted here must not be... Read more »
I have been ignored have contacted the city of Santa Ana supervisor,congressman ,program supervisor other programs and nothing
answered on Sep 22, 2022
Different legal aid clinics have received grant funding recently to help those persons harmed by the pandemic. Maybe you should speak with a clinic in your area. If they can't help you, I'm sure they'll be able to connect you with local resources. Good luck. [I litigate cases.... Read more »
My husband broke his foot in 5 places and was sent away from the emergency room in Blythe CA. The Doctor he saw in Yuma AZ that did the surgery said he should have been admitted and had the surgery done immediately. He had to wait several weeks for the swelling to get down enough for the surgery.
answered on Sep 22, 2022
Interestingly cross-jurisdictional case. The claims against the doctor may need to be brought in Arizona (you'll need a licensed Arizona attorney for help with that) while the claims against the emergency room/hospital would likely need to be brought in California. [I litigate cases. Anything... Read more »
If someone is sentenced 6 yrs. The 1st charge is MID term of 2yrs, and the six last charges EACH say 1/3 MID term (8) months Consecutively. There are also 600 days credit from jail. How much would need to be served before release? any info would be helpful thanks
answered on Sep 22, 2022
It sounds like the judge sentenced the defendant on the triad as the principal term with an additional or consecutive term of 1/3 the mid-term of the second count for which he was convicted. Pre-sentence jail credits are using doubled under PC 4019, which would be deducted from the sentence. 600... Read more »
Father and I are not married and never have been. I take care of child 90% of the time.
answered on Sep 22, 2022
I agree with Ms. Waxman. The best approach for the short and long term is to file an action with the court and address custody and visitation. The court's order will provide you with the certainty you're lacking now. Speak with a local attorney today. [I litigate cases. Anything posted... Read more »
Last year I went to jail for child abuse. It was lies! i never even been to jail before. Long story short I was working one day my ex was watching my kids and I came home from work and my youngest son had little bruises all over his legs and arms I was told that my other children which are the same... Read more »
answered on Sep 21, 2022
Claims for defamation can be difficult to get off the ground (due to protections related to free expression, etc.); that said, you may have a case. Additionally, if the behavior is abusive or harassing, you may be able to seek a restraining order. Speak with an attorney near you. [I litigate cases.... Read more »
answered on Sep 21, 2022
Are you referring to a voluntary declaration of parentage? Here's a link to an article from the CA courts regarding establishing parentage. Have a look and speak with a local lawyer.... Read more »
answered on Sep 20, 2022
It would depend on how the home was held. If a property is held in joint tenancy, the decedent's share passes to the surviving joint tenant. This is known as the right of survivorship. If owners of the property hold title as tenants in common, then the decedent's share would pass in... Read more »
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