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Questions Answered by Robert Kane
2 Answers | Asked in Criminal Law, Civil Rights and Probate for California on
Q: How long can cops keep victims phone after warrant is issued?

Victim died of an accidental OD. Cops asked for phone and family reluctantly gave it to them without warrant. The family asked for the phone back multiple times but cops refused. 2 months later there is a warrant and phone is at DAs office, but no one will give family a copy of warrant. Family... Read more »

Robert Kane
Robert Kane
answered on May 30, 2023

The next of kin may wish to contact a criminal defense attorney and possibly a probate attorney. Having property, that is deemed evidence, returned is an uphill battle. In this case, it is more complicated because the owner is deceased. The family doesn't have an ownership interest in the... Read more »

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1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for Minnesota on
Q: Today I was caught exiting a store with a few goods I did not pay for. Loss prevention came out, I said I would go with

Today I was caught exiting a store with a few goods I did not pay for. Loss prevention came out, I said I would go with them just to please not touch me. The lp grabbed my right arm, twisted it, bent my wrist back, physically pushed me down causing cuts on my knee, held me down by putting his knee... Read more »

Robert Kane
Robert Kane
answered on May 30, 2023

You may have a case if you can prove the facts as you allege. Evidence takes many forms, including witness testimony and video. Your medical bills would also be important. The aggressor will undoubtedly have a different account of the event and most likely have evidence. Police contact and charges... Read more »

3 Answers | Asked in Business Law for California on
Q: Is the following Bylaw retroactive: No Member shall serve on the Board for more than 6 years in any 10-year period.

Our bylaws for our non-profit corporation contain the above rule. Some are considering that the law is NOT retroactive. I believe that the use of the word “any” extends the time frame into the past. Most of the members polled believe the intent of the law was to apply it immediately to any... Read more »

Robert Kane
Robert Kane
answered on May 28, 2023

Generally, laws that are retroactive are unconstitutional. See "ex post facto." In order for a law to be retroactive it must be clearly stated. The word "any" would fall far short expressing the law is retroactive. Amending the bylaws wouldn't come under the same scrutiny,... Read more »

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1 Answer | Asked in Wrongful Death and Probate for Minnesota on
Q: Is there legal action we can take regarding our Trustee tampering with our side and not doing her job?

So my brother was shot and killed by the St.Paul police,. We originally appointed my aunt Monique and the Trustee because we believed that she would be neutral but sadly that's not the case, she has been prioritizing her side of the family and herself when portioning how the settlement should... Read more »

Robert Kane
Robert Kane
answered on May 27, 2023

There are legal action the beneficiaries can take if the trustee has breached her duties. The trustee's obligation is to the beneficiaries, not to "one side of the family." There are different ways to approach the situation. The circumstances would dictate the appropriate approach.... Read more »

3 Answers | Asked in Landlord - Tenant, Small Claims and Civil Litigation for California on
Q: If sue a landlord in small claim court in Ca and fails to get the full remedy, could I sue the landlord in civil court?

The case is about Landlord's harassment, discrimination (based on race) and breach contract by denying access to (a certain part of) the property, reducing services in retaliation to our report of sexual harassment by another tenant, bullying us with landlord's law firm... that caused... Read more »

Robert Kane
Robert Kane
answered on May 26, 2023

If you sue in small claim court and fail to get the full remedy, you couldn't sue for more or again in civil court. As you are aware, the limit in small claims is $10,000. Therefore, the judgment would be your full remedy with that limitation. A lawsuit contains all causes of action from the... Read more »

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2 Answers | Asked in Business Law and Civil Litigation for California on
Q: A former business partner put our checking account in 12k of debt and will not return my attempts at contacting him.

I started a business with a friend, with no contracts between us. I stopped doing business with him, but there was a debt on a CC I opened for the business that he put on there without my approval and was slowly paying it off using the joint business checking that he continued to use for the... Read more »

Robert Kane
Robert Kane
answered on May 22, 2023

It appears you have a general partnership. "A California GP must have two or more persons engaged in a business for profit. Except as otherwise provided by law, all partners are liable jointly and severally for all obligations of the partnership unless agreed by the claimant. Profits are taxed... Read more »

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1 Answer | Asked in Business Formation, Business Law and Gaming for Minnesota on
Q: I'm beginning the process of making a game on my own to be released digitally. I'm in Minnesota. Do I need a business?

I have concerns over what degree of personal ownership I would have over a company and if it would effect how flexible i can be, I don't know how taxes would work if I successfully sold the product as myself vs a business. I am also concerned there could be liability risk without one, being... Read more »

Robert Kane
Robert Kane
answered on May 22, 2023

Properly forming and maintaining a business entity has great advantages. Protecting your personal assets is one. It's hard to determine your current situation. Is this a solo endeavor or are others involved? Will funding from other sources be needed to market the game? What exactly do you mean... Read more »

2 Answers | Asked in Estate Planning for Minnesota on
Q: would it be easier to marry my boyfriend so he inherits all of my property or file transfer on death or file a will.

I have 2 houses with land, show cars,alittle money in bank, lots of collectables and lots of junk. I have not done a will. and years are passing fast. I have no siblings and dont talk with distant relatives. I dont want the state to take over if something happens to me. I hate the thought of... Read more »

Robert Kane
Robert Kane
answered on May 21, 2023

It depends what you mean by "easier." If you hate the thought of getting married this seems to imply that this wouldn't be easy for you. Getting married married may involve the least amount of paperwork, but that doesn't necessarily mean it's easier for you. A will (or... Read more »

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Minnesota on
Q: We are planning on doing 50/50 custody. Will I have to pay child support since I make more then my spouse?

I make $110,000. My spouse makes $80,000. We have 2 kids.

Robert Kane
Robert Kane
answered on May 20, 2023

It's probable, that you will have to pay child support since you make more then the other parent. "The Minnesota Child Support Division bases the Child Support Guidelines Calculator on the Minnesota Child support guidelines statute." You should input your data to determine your... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: We live in California. I have not filed for support yet. Once I file, would I even receive any payment even though my

kids father is not currently employed? Kids are 12,10, & 5. I make $7000/month and when he works he typically makes around $3200/month. Also, because I make more than he normally would, would I even receive any support at all? I am civil and believe we can agree to the kids being with me 80%... Read more »

Robert Kane
Robert Kane
answered on May 18, 2023

Your income is not a factor in determining his obligation. Unemployment may affect the amount, at least temporarily. Don't let him overplay his hand (unemployment. )

Parenting time is based on numerous factors, the living environment being one factor.

See the California...
Read more »

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1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Is it a breach of quiet enjoyment if commercial landlord puts up polarizing political signs on property?

commercial landlord put up political signs for very unappealing candidates last election, possibly alienating customers of tenants who may not know it was not the tenants who put up the signs.

Robert Kane
Robert Kane
answered on May 17, 2023

You pose an interesting question. Interference with use and enjoyment of a commercial property differs from a residential property. As an initial note, the covenant of quiet enjoyment is based on possession and not nuisances (no matter how bad.) It is, in effect, an eviction. In a residential... Read more »

1 Answer | Asked in Civil Litigation and Consumer Law for Minnesota on
Q: i bought a used trailer from facebook and the guy did not tell me problems tell i bought and asked dot proof

and now he says its not his problem any more. it would cost me about as much as i bought the trailer for to fix it and get it safe i have screen shots and dot inspection sheet

Robert Kane
Robert Kane
answered on May 11, 2023

The seller may not have a duty to disclose everything, but misrepresenting the overall condition may be enough for you to recoup some of your money. It will come down to the specific details. What was said and written? Is it something that the seller should have known about? It may be worth having... Read more »

3 Answers | Asked in Contracts and Civil Litigation for California on
Q: Contract law in California

Good afternoon, My husband was selling a puppy to a lady who put down a pet deposit of $500 "Total cost of the pup would have been $2500." There was no written contract signed. There were only text messages of her offering to give the deposit to reserve the dog. My husband had several... Read more »

Robert Kane
Robert Kane
answered on May 10, 2023

I believe your husband has valid argument. Traditionally, deposits are not refundable. A more recent conception held by consumers is a deposit is a place holder until they make up they mind whether they really want to by it. Ultimately, the judge will determine if a contract exist, and its terms if... Read more »

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3 Answers | Asked in Consumer Law and Collections for California on
Q: I'm in L.A County. I wish to sue for fraud/extortion in Orange Co. Can I file the complaint my county, or Orange Co.?

I just need to know, if I'm in Los Angeles County and the Defendant is in Orange County, can I file in L.A or do I need to travel and file in the local court in Orange County.

Robert Kane
Robert Kane
answered on Jun 1, 2023

"Usually, venue is in the county where:

The person you are suing lives or does business (if you are suing a business or organization); or

The dispute arose, like where an accident happened, or where a contract was entered into or broken.

It is possible to have a...
Read more »

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2 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: I have fta in AR, I live in CA they have a hold on my license over the husk of a pot seed which I served over 40 day on

The Judge ordered me to drug program. While incarcerated on different matter I was diagnosed with stage 3 b Hodgkins lymphoma and was basically going to die. I didn't have choice of drug program I was sent to medical facility where I paroled to ca and fought cancer and won. It was my new... Read more »

Robert Kane
Robert Kane
answered on May 31, 2023

This seems to be a problem that needs to be addressed through the AR courts and AR DMV.

I am an Orange County Attorney and a Dakota County Attorney.

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1 Answer | Asked in Car Accidents for Minnesota on
Q: My car got broken into but it was park in the dealership parking. Who is responsible for the damage.

It was only there because the dealership guy told me to not take until I pay the remaining balance.

Robert Kane
Robert Kane
answered on May 31, 2023

The thief would be responsible. It seems unlikely the dealership would be responsible for the criminal acts of others, but perhaps if you prove their negligence you may have a chance. Your failure to pay doesn’t help your case. Obviously, you wouldn't leave any valuables in the vehicle.

2 Answers | Asked in Gov & Administrative Law and Legal Malpractice for California on
Q: When a public defender has a personal conflict of interest, to whom should this concern be addressed and by who?
Robert Kane
Robert Kane
answered on May 30, 2023

The defendant can speak to the public defender's supervising attorney or perhaps the judge.

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for California on
Q: I have sign a quit claim papers on our property 15 years ago by mere pressure and I want to file for divorce.

Do I still have the right to claim half

of our property?

I don’t know what to do.

Please tell me what to w

Robert Kane
Robert Kane
answered on May 30, 2023

You can certainly argue that the property should be deemed community property. This will be addressed in the divorce proceedings. You will certainly need a factual basis more persuasive than saying you were pressured fifteen years ago.

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3 Answers | Asked in Constitutional Law and Construction Law for California on
Q: 1st Amendment violation when courts don't make available ALL crim court hearings to out of state residents via audiofeed

My 26 year old daughter, mother of three girls, 8,6,3, was arrested in San Luis Obispo County, California April 6 for 3 felony counts of PC237 A(A), along with her boyfriend whom she shares the youngest child. I am her mother, and I live and work full-time in Alaska. I hold a Bachelor of Science... Read more »

Robert Kane
Robert Kane
answered on May 30, 2023

An individual does not have a constitutional right to virtually observe criminal hearing. A defendant does not have a constitutional right to have her criminal hearing presented virtually.

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2 Answers | Asked in Civil Rights for California on
Q: 20+ oral/written copy requests for my current chid custody orders, what are my options ?

I have overhead the clerks wispering to each other that , the judge said no he doesn't get copies and he doesn't get to file anything in the case. I have this recorded, audio and video. I also have called the clerks office, the new clerk told me that their is an order filed, signed by... Read more »

Robert Kane
Robert Kane
answered on May 30, 2023

It's hard to determine the situation based on your post. If you have legally established yourself as the father, you would have received the appropriate paperwork and been involved in the proceedings. Perhaps an attorney can clarify the situation for you.

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