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Questions Answered by Robert Kane
2 Answers | Asked in Civil Litigation for California on
Q: What motion do I file against Co. officers using our P&L carrier to indemnify their defense in violation of Bylaws?

I am a pro se plaintiff (retired J.D.). I've filed a civil complaint against 3 members of our HOA Board and our Prop. Mgmt. co. for unlawful conduct (embezzlement, fraud, breach of contract, breach if fiduciary duty, etc.) Their defense atty is being indemnified for their legal expenses by... View More

Robert Kane
Robert Kane
answered on Oct 14, 2024

I assume the insurance company isn't a party, but is paying the members' attorney's fees. As the plaintiff, you really don't have a say in the matter. The insurance company has an obligation to represent its insured (i.e. the members.) At some point, the insurance company, board... View More

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2 Answers | Asked in Real Estate Law and Tax Law for Minnesota on
Q: How little can I sell my adjacent lot (40 k value ) for without braking any rules?

I want to give this lot to my son-in-law so he can construct a storage building. He does not wish to build on my land, as family dynamics could change.

Robert Kane
Robert Kane
answered on Oct 21, 2024

There are certainly formalities with an real property transaction. Once you sell the property to your son-in-law or anyone else you obligation is over. There may be complications if daughter divorces him someday, but that would be between them from a legal standpoint. You may to consult with an... View More

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1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Is it legal for a landlord to limit the amount of overnight guests I have in a month? More than 6 = violation or evicted

When I was meeting the landlord for the showing they had a tennesen agreement that they said was a requirement to move in as well as the restriction of overnight visits. I can only have 6 per month, and an overnight according to them is having anybody other than myself in my apartment from 1 a.m.... View More

Robert Kane
Robert Kane
answered on Oct 11, 2024

Yes, it legal for a landlord to limit the amount of overnight guests you have in a month. Not only does the landlord incur additional costs and expenses when additional people are living there, but at some point he becomes a tenant. His own residence would only be one factor in determining his... View More

2 Answers | Asked in Traffic Tickets for California on
Q: just bought a car. Driving because gf gets migranes with the weather. Pulled over for "speeding" car gets towed. Just

Here. No support. Said I needed IID. but I didnt. Could've let my gf drive home. Forced to walk home 7 miles on freeway. Officer said " take it up with the judge" no empathy or understanding/compassion for us and our only family vehicle. That's the law though right? Because I... View More

Robert Kane
Robert Kane
answered on Oct 3, 2024

Who said you needed an IID? The problem is you clain to have a built in excuse to drive illegally because you can simply claim she's having a migraine every time you get pulled over with her in the car. I doubt the "we would be forced to walk home 7 miles on freeway" excuse is going... View More

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3 Answers | Asked in Divorce for California on
Q: I have a close friend and SAHM whose husband wants a divorce. He wants to hire one lawyer for both of them.

He controls everything. She has no access to the family computer, money or to any financial accounts. She doesn't work and would need alimony. I think he wants to have a lawyer for only certain parts of the divorce. Should my friend agree to this?

Robert Kane
Robert Kane
answered on Oct 3, 2024

It seems clear you don't believe it's a good idea, and it probably isn't. Even if everyone agrees to it initially, it can be quickly ended once there's a conflict. If the attorney sees a problem, she would be obligated to withdraw. Hopefully she understands this and is of good... View More

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4 Answers | Asked in Contracts and Construction Law for California on
Q: I'm seeking a contingency fee lawyer to handle a construction dispute involving approximately $100K in damages.

I hired a contractor to work on my house to perform an addition and remodeling (about 900 SF). We discovered so many problems after the work was about to finish. I have reported the contractor to the CSLB which brought an expert who evaluated the work and wrote a report about most of the damage.... View More

Robert Kane
Robert Kane
answered on Sep 13, 2024

Like Mr. Stoddard suggest, finding an attorney to take this case on a contingency basis will be very, very difficult, at best. Attorneys take cases on a contingency basis when they are 99% convinced of success, a huge profit and the judgment is immediately paid in full. An attorney cannot afford to... View More

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3 Answers | Asked in Contracts for California on
Q: Guarantor responsibility when borrower subjected to unforeseeable illegal actions that result in impossibility

Small business gets loan, guaranteed by third party guarantor, for startup and early operations with the understanding that the loan would be repaid from cashflow. That borrower is then unexpectedly subjected to illegal actions (ultimately formally found to be so by court) that render its business... View More

Robert Kane
Robert Kane
answered on Sep 11, 2024

If the borrower is no longer responsible for his obligations under terms of the loan agreement it is likely the guarantor would also be released her obligations. Without knowing what "illegal actions" means a definitive answer is impossible. If the borrower committed a criminal act and... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Hi, we are looking for an attorney that can help us with collecting restitution and to answer some questions. Thanks
Robert Kane
Robert Kane
answered on Aug 27, 2024

Is this restitution from a criminal conviction or are you using the term in the general sense? In either case, most attorneys who deal with civil disputes in general practice can assist you. Firms that specialize in personal injury probably not. You and your attorney will need evaluate the... View More

2 Answers | Asked in Business Law for California on
Q: Can my wife sue her former business partner for lying about finances and leaving all the debts to her?

Her business partner was the one handling all the expenses, all the finances. She was the CEO and he was the CFO, and he was lying about finances for a few months, wasn't paying rent, didn't pay one of the people who helped with an install, didn't pay several other important bills,... View More

Robert Kane
Robert Kane
answered on Aug 21, 2024

Yes, your wife can likely sue her former business partner for lying about finances and leaving all the debts to her. How to proceed will depend on the details and her objectives. There are an infinite number of scenarios that could exist. If the business was formed and maintained properly, your... View More

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2 Answers | Asked in Family Law for California on
Q: If i am sick, is that possible to pause the court hearing?
Robert Kane
Robert Kane
answered on Aug 21, 2024

You will need to convince the judge with evidence to obtain a continuance. The opposing party's consent may help. Obviously, the court system cannot accommodate every time someone simply "calls in sick." A remote appearance may be an option. A chronic illness or condition may require... View More

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2 Answers | Asked in Civil Rights for California on
Q: Can a person be detained because her husband ran from police

Handcuffed and put in police car for 4 hrs

Robert Kane
Robert Kane
answered on Aug 21, 2024

Being handcuffed and put in police car for 4 hours seems unusual, a person can be detained because her husband ran from police depending on the circumstances. Feel free to contact attorneys who deal with police misconduct. Of course if you were also a suspect, aiding a fugitive or similar you may... View More

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My son's wife just gave him divorce papers, does he have to move out right away?

He is going for full legal and physical custody of their 3 !/2 year old son because he was and is the primary caretaker. She is threatening him that if he goes away for the weekend with their son, she can make a case against him because they will be staying with us. (The grandparents, his mom and... View More

Robert Kane
Robert Kane
answered on Aug 16, 2024

This seems to be a tense situation. If your son's wife just gave him divorce papers, he does not have to move out right away, but maybe it's better if he does. I don't know what type of case she thinks she can make, but taking a child to his grandparents' house doesn't seem threatening.

1 Answer | Asked in Animal / Dog Law for Minnesota on
Q: Our family dog was kill by two pitbull. The family want to file a lawsuit against the 2 pitbull onwer.
Robert Kane
Robert Kane
answered on Aug 15, 2024

What a horrible thing. The owners should be liable your loss. I hope law enforcement and animal control have been involved. Unfortunately, your claim may be limited to monetary damages (s.) Conciliation court is probably the correct court.

4 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: If the ER failed to contact me with test results that needed attention and early detection of lung cancer other doctors.

Delay in diagnoses and treatment resulting instage 4 lung cancer non operable and life expancy leas than 3months do i have a malpractice case

Robert Kane
Robert Kane
answered on Aug 12, 2024

Unfortunately, I don't believe this is a good forum for medical malpractice questions because they require opinions of medical experts, which attorneys are not. These questions usually get few, if any, responses. The “medical standard of care” is typically defined as the level and type of... View More

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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Minnesota on
Q: Desperately needing help to contest an erroneous divorce judgment & pursue a domestic abuse case.

1) My wife was physically & emotionally abusive with me for several years—especially from Spring ‘20 until she walked out in Nov. ‘22. Her abuse caused damage to a hip I had replaced in ‘19 & has left me dealing with the joys of complex PTSD. I was a scared, emotional wreck &... View More

Robert Kane
Robert Kane
answered on Aug 9, 2024

Unfortunately, it seems you are in a very difficult position. I apologize, but I am not sure what guidance can be given on a free online Q and A. Trying to set aside the default judgment may be an option if it wasn’t that long ago. If she left you in '22, an OFP seems untimely, unless the... View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: Got pulled over and had a pistol, I was charged as a felon years ago for a non violent crime, what am I gonna get
Robert Kane
Robert Kane
answered on Jul 28, 2024

Quite often individuals ask in this forum (and similar online forums): how much jail/prison time am I going to do for my crime or other penalties? Frankly, we have no idea. It depends on many factors. (e.g. specific charges, defenses, evidence, criminal record, legal representation, place where... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: if i was convicted for a felonly in 2006 what would happen now if i get caught with a gun in mn
Robert Kane
Robert Kane
answered on Jul 28, 2024

Quite often individuals ask in this forum (and similar online forums): how much jail/prison time am I going to do for my crime or other penalties? Frankly, we have no idea. It depends on many factors. (e.g. specific charges, defenses, evidence, criminal record, legal representation, place where... View More

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1 Answer | Asked in Divorce for Minnesota on
Q: Can a divorce be reversed that as rendered on a default judgement due to proper division of assets

The division of asset as listed nor properly divided. I was never given a copy of the divorce decree and zero asset where listed and no pension was granted on my behalf as it waws martial property.

Robert Kane
Robert Kane
answered on Jul 18, 2024

A default judgment can be set aside by the judge. Simply claiming the property wasn't properly divided may not be enough. The judge will need to know why you didn't do anything before now. If it is set aside, it begins anew.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: How to file charges for depriving custody
Robert Kane
Robert Kane
answered on Jul 16, 2024

Citizens report the incident to law enforcement, law enforcement conducts an investigation (if appropriate), prosecutors decide if criminal charges are to be filed. In most cases, family court is where these situations are addressed not criminal court.

2 Answers | Asked in Traffic Tickets for California on
Q: how much time do I have to drive with tint?

Hello, I live in Sacramento, CA. I was issued a fix-it ticket regarding tinting until October 10. Can I drive with the tinting until October, or do I need to remove it during some other period?

Robert Kane
Robert Kane
answered on Jul 13, 2024

You need to have it fixed before driving the vehicle. You can be issued additional tickets.

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