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Questions Answered by Robert Kane
3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: can law enforement keep your under survellance based on false accusations of criminal activity
Robert Kane
Robert Kane
answered on Sep 8, 2023

Yes, law enforement can.keep your under survellance based on false accusations of criminal activity. There are activities that would require more than accusations. Most people would love a greater police presence in their neighborhood due to catalytic converter theft, speeding and package theft.

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2 Answers | Asked in Contracts and Civil Litigation for California on
Q: Question about LLC

I am the owner of a LLC and I signed an agreement with someone and in the contract there is no mention of the business LLC name, it only has my personal name. I want to take someone to court for breach of written and verbal contract. I personally have no assets or money outside of the LLC, so if... View More

Robert Kane
Robert Kane
answered on Sep 7, 2023

If the contract has nothing to do with the business, the business shouldn't be liable. It seems you are expecting a cross-complaint. If the contract was entered into for the benefit of the business, expect the other party to go after you and the LLC. Without knowing more, it's impossible... View More

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2 Answers | Asked in Civil Rights, Contracts, Employment Law and Employment Discrimination for California on
Q: If my civil unlimited case in Sacramento county court got dismissed without prejudice?

Sacramento CA Courts civil case if a judge dismissed it without prejudice and told me that my case has merit and to hurry up and refile the case but meet the deadlines on turning the required documents in and typed up properly and since the case has been going on for so many years i cant get a... View More

Robert Kane
Robert Kane
answered on Sep 6, 2023

The Judicial Branch's website and the law library have vast resources. It is unlikely legal aid will assist in this matter. It's also unlikely an attorney will assist you on a contingency basis. Some attorneys will be willing to assist you on a limited basis or perhaps a hybrid basis... View More

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2 Answers | Asked in Civil Rights for California on
Q: When in contact with sheriff's department are they allowed to deny you a supervisor when you asked for one by law

I ran out of gas and the neighbors called the cops saying that I was camping the sheriff's department showed up he pulled and he opened my door pulled me out of my car denied me a supervisor at 8:10 times only one of them gave me their badge number the other one didn't want to and he did... View More

Robert Kane
Robert Kane
answered on Aug 30, 2023

Quite simply, there is no possible way a supervisor can attend to every interaction an law enforcement officer has with the public. Do expect each time an officer writes a parking ticket, issues driving citation, arrests a murderer or anything else a person has a right to immediately speak to a... View More

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1 Answer | Asked in Health Care Law and Business Law for Minnesota on
Q: Minnesota business. Newly Healthcare based LLC. Nurse owned. Can my LLC accept donations? Or would this be unethical?
Robert Kane
Robert Kane
answered on Aug 30, 2023

I don't know if it would be unethical, but it would be illegal if not done properly. An attorney can explore this option for you. Rogue charities make the front page news.

Charitable Solicitation Act, Minnesota Statutes sections 309.50-.61, governs the activities of charitable...
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1 Answer | Asked in Real Estate Law for Minnesota on
Q: Been with my girlfriend for 11 years and we built a home together but its in her name. What rights do I have. I contibut
Robert Kane
Robert Kane
answered on Aug 29, 2023

Unfortunately, you have a problem,but you are not without hope. Upon divorce the property acquired during the marriage is distributed equitably. Upon the break up of unmarried couples the property goes to whomever bought it. Her name on the title and presumably the mortgage definitely are in her... View More

4 Answers | Asked in Business Law for California on
Q: I am 1 of 5 partners in a new LLC and need help reading through a contract before I sign. What type of lawyer do I need

The LLC I will be a part of soon has 5 total partners. I’m a very minority partner and have no real concerns about anything but want to be diligent and have an attorney read through the contract for me.

Robert Kane
Robert Kane
answered on Aug 29, 2023

Your post is refreshing. The majority of minority owners only contact attorneys after things have gone horribly wrong. Most business attorneys will be able to assist you. Contact several to determine who works for you. Some attorneys are affordable and some are not.

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2 Answers | Asked in Criminal Law for California on
Q: If you're arrested and post bill at a bails bondsman and no charges are filed can you get that deposit back

,, I recently was picked up to serve two days for my last court case that I had and I've already been trying to turn myself in but I was turned away multiple times at the jail because of overcrowding and covid well serving those two days I thought I was in trouble for something else so I... View More

Robert Kane
Robert Kane
answered on Aug 26, 2023

If the bondsman bailed you out, they are entitled to their fee. It doesn't matter what happens after that concerning the charges.

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2 Answers | Asked in Business Law for California on
Q: Hello, I dissolved my S corp mechanic shop through LegalZoom. It has been filed with state of CA months ago.

Vendors are serving me with lawsuits under my company name. Do I need to show up to court? I have no personal guaranties to them. If they serve me under my name, do I have to show up to court? Does the fact that it was an S corporation save me? I have not filed for bankruptcy. I was told no need... View More

Robert Kane
Robert Kane
answered on Aug 26, 2023

The fact that it was an S corporation doesn't save you.

Ignoring the lawsuits would be a poor decision. How to respond (or not) depends on many factors. When a business is owned by only a few shareholders (or members) these individuals will often be sued individually as well. All to...
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4 Answers | Asked in Uncategorized, Business Law and Criminal Law for California on
Q: Is it illegal in California to train my clients at a commercial gym (24 hour fitness) without them knowing?

I have a membership that lets me bring in a guest

Robert Kane
Robert Kane
answered on Aug 26, 2023

I doubt it violtates the criminal code to train your clients at a commercial gym (24 hour fitness) without the gym knowing. The gym can prohibit you from conducting business on its premises, especially if you are in direct competition with the services they provide if they employ or contract with... View More

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2 Answers | Asked in Criminal Law, Communications Law and Internet Law for California on
Q: Is it possible for criminal charges to be filed against my friend by this person?

He posed as a fake persona in order to obtain nude pictures from a female friend. He told her that he would cash app her the money and that her face didn't need to be shown to promote anonymity and let her know that he would be posting them online. Last night she found out it was him because... View More

Robert Kane
Robert Kane
answered on Aug 25, 2023

Assuming everyone is an adult, it is possible for criminal charges to be filed against your friend, but it seems unlikely. The victim files a police report. The victim does not file criminal charges. The prosecutor would do that if appropriate.

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2 Answers | Asked in Business Law for California on
Q: What do I need to take care of when starting an outdoor youth basketball coaching business from legal perspective?

In terms of sports waivers, insurance, business type to open, so on and so force...

Robert Kane
Robert Kane
answered on Aug 24, 2023

I am not quite sure an outdoor youth basketball coaching business would entail, but the formation of the business entity would complying state and federal laws and regulations. The day-to-day business activities would likely involve municipal ordinances and regulations. In structuring a youth... View More

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1 Answer | Asked in Divorce for Minnesota on
Q: I was wondering about Divorce! What my rights are ! Wondering about a car I drive if not in my name

How to proceed if my husband don’t agree

Robert Kane
Robert Kane
answered on Aug 21, 2023

It's not uncommon for spouses to keep the vehicle they use on a daily basis, but it's not set in stone.

The Minnesota Judicial Branch has a website that provides a substantial amount of information. This is an excellent place to start.

It may be worth having an attorney...
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4 Answers | Asked in Animal / Dog Law for California on
Q: What type of lawyer handles pet injury cases? My pet was injured at a pet rehab. Underwater treadmill.
Robert Kane
Robert Kane
answered on Aug 18, 2023

This is a tough question because very few injuries or deaths to pets result in monetary damages that exceed small claims jurisdiction. Even if it did go over $10,000, it's doubtful an attorney would be able to take the case because it would cost prohibitive.

If you can prove rehab...
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1 Answer | Asked in Consumer Law, Business Law and Collections for Minnesota on
Q: Do I have to give the customer a refund?

To explain simply, I recently started a family business with my family. We do this full-time, we are a logistics transportation company. We don’t have any official written documents that we give customers to sign or anything like that. But to ensure that we’re properly compensated, we take half... View More

Robert Kane
Robert Kane
answered on Aug 18, 2023

I don't know how a judge would rule in a civil lawsuit. I don't know if you have done anything illegal, but your post does raise some questions. I am not sure what services you promised. How does traffic become an issue in a 1,800 mile trip? How can they simply refuse service? It seems... View More

2 Answers | Asked in Family Law for California on
Q: Getting married in California. I'm ok with the Community property provisions. However I'd like to exclude my business.

How should I set things up such that once I'm married, my current company and any future business I start, will be treated as separate property?I'm ok with everything else being treated as community property.

Robert Kane
Robert Kane
answered on Aug 16, 2023

This can be addressed in a prenuptial agreement. With or without a prenuptial agreement, you will need to form and maintain business(es) as separate property. It is certainly nice that you are addressing this now. Obviously, an attorney can assist you.

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2 Answers | Asked in Criminal Law for California on
Q: Can a PC459, PC245(A)(2), PC246 be expunged or lowered to a misdemeanor?

Five years served in a California state prison, and restitution fees paid. Sentenced back in September 2, 2003.

Robert Kane
Robert Kane
answered on Aug 10, 2023

For your felony convictions with state prison sentences, you are most likely not eligible to have your conviction dismissed or or lowered to a misdemeanor. But you can apply for a certificate of rehabilitation and pardon. Expungements do not exist in California. An attorney may be able to help you.

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1 Answer | Asked in Employment Law for Minnesota on
Q: Is it legal for your past employer to request I give back my company phone even though they didn’t ask for it back?

My past employer gave me a new phone every year and I signed a contract stating I would give it back each year. Every year that I have worked there they let us keep our devices after we got new ones. They let me keep my iPhone 13 and iPhone 12 in the past. I left the company 5 months ago and they... View More

Robert Kane
Robert Kane
answered on Aug 7, 2023

You signed a contract stating you would give it back each year. It is perfectly legal for your past employer to request you give back your company phone even though they didn’t ask for it back in the past. They were being nice before because you were an employee, now you are not.

2 Answers | Asked in Domestic Violence for Minnesota on
Q: If a victim of domestic assault wants to dorp charges does the state have the right to press charges?

The person who called cops didn't want to press charges but felt forced to after being asked several times. She then says yes. Later wants to drop charges not feeling scared or physically hurt how can they still pursue the matter of she doesn't claim to be a victim

Robert Kane
Robert Kane
answered on Aug 3, 2023

Yes, the state will likely charge the abuser. Every day in every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day.... View More

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4 Answers | Asked in Libel & Slander for California on
Q: Can I file an amicus brief I'm a case that's at the district level in federal court?
Robert Kane
Robert Kane
answered on Jul 29, 2023

[An] amicus curiae may file a brief only by leave of court or if the brief states that all parties have consented to its filing, but a court of appeals may prohibit the filing of or may strike an amicus brief that would result in a judge's disqualification.... View More

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