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Questions Answered by Robert Kane
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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2 Answers | Asked in Civil Litigation and Small Claims for California on
Q: Hi! I have a hearing for a small claims case coming up; how do I submit evidence/should I write a brief for the judge?

I have never sued anyone before and am seeking reimbursement of out of pocket costs for medical procedures. I want to ensure I do everything correctly so I can prove my case/complete it in a timely manner. Thank you!

Robert Kane
Robert Kane
answered on Jul 24, 2023

The California Courts Self-Help Guide has some wonderful information andassistance. Much more than a free online Q and A can provide with no details provided. Allowing an attorney to evaluate, organize and prepare your small claims presentation would be a wise investment. It would provide you a... View More

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1 Answer | Asked in Products Liability and Lemon Law for Minnesota on
Q: Wondering if I could sue a dealership if I’ve had to replace my transmission 2 times within a year

I’ve had to replace my transmission now 2 different times in 10 months of owning my 2018 Ford Expedition. My first replacement was $5,200 and then 1 1/2 months later the transmission went out and now they are working on it again

Robert Kane
Robert Kane
answered on Jul 24, 2023

Yes, you can sue a dealership if you have had to replace your transmission 2 times within a year. Whether you will be successful depends on the facts and your presentation. You don't mention anything about any written agreements.

Allowing an attorney to evaluate, organize and draft...
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3 Answers | Asked in Civil Rights and Criminal Law for California on
Q: I’m being accused of stealing a car I was given permission to work on from the same person who hired me, police handled

I just need to talk to a lawyer the story is to big

Robert Kane
Robert Kane
answered on Jul 23, 2023

If you are being criminally charged you need to contact a criminal defense attorney. If a customer is threatening you by saying they tell the police you probably need a business attorney. Or maybe it's something else.

Prepare a well written statement of the situation (< 2 pages) to...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: Can a criminal investigation not resulting in charges be removed from public record through a process somehow?

In Minnesota, Criminal Investigations are available to the public after they are inactive, no longer being investigated whether charges were filed or not. The case investigated where I was the suspect was because of my therapist illegally reporting a potential crime where he broke confidentiality... View More

Robert Kane
Robert Kane
answered on Jul 11, 2023

An attorney can certainly assist you with this endeavor. Some attorneys offer reason rates. Some do not.

If you were arrested but were never charged with a crime, OR if the case was dismissed before a criminal complaint was filed against you, you may be able to request that the...
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3 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: Can I sue someone without knowing his (mailing) address?

I need to sue someone a civil court, but I don't know his address. How could I serve the court papers without knowing his address? If I hire someone to serve the court papers, or ask the county sheriff to serve the court papers, will they be able to do it without me providing the... View More

Robert Kane
Robert Kane
answered on Jul 9, 2023

It is unlikely the sheriff's department or a process server will do your leg work to find his address. Service by publication MAY be an option. The bigger problem is how do you expect to collect on the judgment if you manage to get a judgment?

I assume you asked about the perjury too....
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3 Answers | Asked in Business Law, Civil Litigation, Civil Rights and Contracts for California on
Q: In both the small claims court and the civil court, if the defendant commits perjury, who can hold him responsible?

When suing in a small claims court and a civil court, if I, the plaintiff, can prove that the defendant has committed a perjury, which party can hold the defendant responsible? Who can sue the defendant for perjury? The District Attorney? The court? Or me, the plaintiff?

Robert Kane
Robert Kane
answered on Jul 9, 2023

No one can hold him responsible. See Civil Code, section 47, subdivision(b.)

California’s litigation privilege is an incredibly powerful tool that effectively immunizes conduct if it is reasonably related to litigation. The litigation privilege protects conduct even if it is ‘alleged to...
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2 Answers | Asked in Business Law, Contracts, Gov & Administrative Law and Government Contracts for California on
Q: Is a California ID card or Driver License valid through the expiration date or does validity end on the expiration date?

I previously asked a question with regard to government documents and their associated expiration dates, and asked if there was a standard for these (with respect to invalidation on or after date of expiration). My question was partially answerable (given the further context I had provided), and... View More

Robert Kane
Robert Kane
answered on Jul 8, 2023

A California ID card or Driver License is valid through its expiration date. After that date, the person possesses an expired California ID card or Driver License. Upon renewal, paperwork will be issued the supplement the expired license until the new license arrives. Perhaps you could provide your... View More

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: When and how will I have to prove my separate property?

I filed divoce Feb-2023, and The hearing of the first RFO, custody that I filed FL-300 is scheduled in Aug. I have $M bank account, seperate property. When and how will I have to prove my separate property? I want to remove ATROs immediately for my own life. Thank you

Robert Kane
Robert Kane
answered on Jul 7, 2023

When and how to prove it is your separate property will be determined by how the issue is dealt with in your specific proceedings. Theoretically, it could be last issue determined. More importantly, the restraining order shall not preclude a party from using community property, quasi-community... View More

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2 Answers | Asked in Banking and Civil Rights for California on
Q: How can I obtain records from the bank account that got closed due to overdraft, which I am not able to pay?

My back account got closed last October due to the insufficient funds overdraft.

This occurred right after the horrific work injury and me finding out that my employer double crossed me; not only that he owed me for the back wages ( as of now I was paid $2/h) but he failed to report... View More

Robert Kane
Robert Kane
answered on Jul 7, 2023

Subpoena Duces Tecum. Upon request of either party to the controversy, accompanied by a declaration showing good cause for the production thereof and showing the relevance thereof, and upon the determination of the Labor Commissioner, he or she may issue a subpoena duces tecum requiring the... View More

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3 Answers | Asked in Criminal Law and Municipal Law for Minnesota on
Q: Can one have a case dismissed if city attorney lies to the court for a change of a trial date?

Audio recording from city attorney saying emergency surgery, I have proof the city inspector was in the Philippines visiting his new internet girlfriend. Code violation and years of being harassed by the city. Lies on the probable cause. Not on the city hit list of violators, no complaints, no... View More

Robert Kane
Robert Kane
answered on Jul 8, 2023

No, a case will not be dismiss a case if city attorney lies to the court for a change of a trial date. The continuance would have been denied, but little more than a shot to his credibility. Can you prove the attorney knew? Maybe that's what the city inspector told him. Maybe he had surgery... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: I want to sue my landlord. What's the best way to find pleading examples and the case laws?

I want to sue my landlord in the civil court. How can I find some successful and relevant pleading examples for my reference? I was also told that finding related case laws will be very helpful, if not necessary. Could someone please guide me toward the right direction? Thank you.

Robert Kane
Robert Kane
answered on Jul 5, 2023

The Santa Clara County Law Library has valuable resources. Visit the website before going.

In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t properly...
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2 Answers | Asked in Criminal Law for California on
Q: in California, I was never read my Miranda rights, or told what I was being charged for. Is this dismissible

once i posted bail, on my way out the front lobby, the correctional officer handed me a paper and said that my court date info was there. Well, in that paper packet was my charges, my possession log, and a handwritten date for court. It is in the 10th of this month. am being charged with ridiculous... View More

Robert Kane
Robert Kane
answered on Jul 4, 2023

No, not being read the Miranda rights is not a case for dismissal, unless the ONLY evidence is what YOU told police after you were in custody. Your wife's wishes are considered, but not determinative. Most abuse victims wouldn't press charges if they made the decision for various reasons... View More

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1 Answer | Asked in Small Claims for California on
Q: Do I have a worthwhile small claims case for refund and damages due to mechanic not repairing my vehicle?

California, Los Angeles County.

Mechanic failed to complete repairs on my vehicle in a reasonable time and I was forced to reclaim my vehicle. Due to the condition it was in after reclaiming, other mechanics were not interested in taking on the work and I was forced to sell the vehicle for... View More

Robert Kane
Robert Kane
answered on Jul 2, 2023

You will need a little more to convince a judge to award you $6,000. I don't know what's the deposit or what's the rental ($.) I don't know what agreement you had. I don't know what you consider reasonable time.

Allowing an attorney, like me, to evaluate, organize...
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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My granddaughters by court order have to spend there summers in California with there father. Can they refuse?

They have been going to California for about seven years now. They are 17 and 13 years old and don't want to spend the whole summer there. Is there anything we can do to help them?

Robert Kane
Robert Kane
answered on Jul 1, 2023

The girls' wishes should be considered, but it isn't their decision. The parents will need to modify the custody order to reflect any changes. If an agreement can be reached it should be fairly simple for an attorney.

Refusal to comply with the current is a violation, regardless...
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3 Answers | Asked in Consumer Law and Business Formation for California on
Q: Considering an LLC for my Kickstarter: Should I create one before funding? Is it worth the precaution?

I am not sure if it is worth the cost of forming an LLC to have the protection in legal trouble. I do not currently and any real assets in my name, but am concerned about failing to deliver and being set with debt. Is there some better way of avoiding this?

Robert Kane
Robert Kane
answered on Jul 1, 2023

A properly formed, funded and maintained LLC can protect members' personal assets. Failing to do all three offers very little to safeguard anything. Merely filing the initial paperwork and getting identification numbers does little more than provide creditors with a slight inconvenience.... View More

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2 Answers | Asked in Family Law, Divorce, Child Custody and Child Support for California on
Q: How can I request family court seal my documents?

I filed many private and sensitive documents - Bank statements, my medical records, Tax returns.. during divorce proceedings. Currently the case is still ongoing. I am really concerned of my records in public now. How can I request the family court seal my specific documents? or whole documents?

Robert Kane
Robert Kane
answered on Jun 27, 2023

I would call the clerk's office first to determine if the information is publicly available. Even if the filing party failed to properly classify the information as confidential, the clerk's office is pretty good at rejecting the filings until it's in compliance. Bank statements,... View More

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2 Answers | Asked in Criminal Law for California on
Q: Expunging record and restoring rights 30 years after pleading no contest to a theft felony.

After pleading no contest to grand theft charge in my early twenties in 1989, I thought I recalled that the judge had indicated after successfully completing community service and probation, I had the opportunity to have my record expunged, and my rights restored. That hasn’t happened and I’m... View More

Robert Kane
Robert Kane
answered on Jun 27, 2023

Unfortunately, what the judge may have said 30 years ago isn't going to help unless it's documented. I would need to review your case to determine your options. I am sure you have options. "Reduce the impact of your California criminal record. Although true expungement does not exist... View More

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1 Answer | Asked in Probate and Estate Planning for California on
Q: What help can I get from the courts if I cannot fund private counsel in a petition of breach of trust against trustee

At hearing set stage and I am lost. I am a abused beneficiary by my aunt- trustee and sister-co beneficiary concerning a duplex in california. By a irrevocable living trust

Robert Kane
Robert Kane
answered on Jun 24, 2023

The court's self-help-library is extensive, but legal advice prohibited. In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves disappointed or even irate because they weren’t properly prepared. A... View More

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