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0 Answers | Asked in Tax Law for Indiana on
Q: I am a U.S. citizen. I own an S Corp business (braille transcribing services). I work from home. I am moving to thailand

I get paper checks from 1 company and they said they can't send them out of the country. Is there a way to have them sent to someone here in the states that will deposit them for me. (My nephew offered to do this). Do i have any options?

0 Answers | Asked in Consumer Law for South Carolina on
Q: If I brought a product from a retailer and it is expired and it made me sick what do i do

I have there reciept and the the remaining of the expired product

0 Answers | Asked in Probate for California on
Q: What is a "service list?" in a trust case? Do I have rights if I'm on it?

My uncle is dying and he is the last living child of my grandparents. His wife is trying to declare him incompetent and gain control of "community property and other assets" by having them transferred into a trust. I'm wondering why I am being informed of this. Could there be an... View More

0 Answers | Asked in Appeals / Appellate Law for California on
Q: Relevant statutes stated in this inquiry were not alleged during litigation. Can they be referenced in appeal?

A contract is either express or implied (Civ.Code, § 1619).

An express contract is one, the terms of which are stated in words (Civ.Code, § 1620).

An implied-in-fact contract is one, the existence and terms of which are manifested by conduct (Civ.Code, § 1621).

Other... View More

0 Answers | Asked in Landlord - Tenant for Utah on
Q: My ex landlord is taking my deposit and charging extra for things that don’t make sense. He won’t give us proof.

He won’t provide proof of damages or receipts and we have video proof from when we left that the things he is describing are false. We feel he is taking advantage of us and trying to just take our money. Also this landlord has been very neglecting and would not answer us about service... View More

0 Answers | Asked in Small Claims for North Carolina on
Q: Do I have to sign an acknowledgment paper to prove I’ve been paid, to be paid money I’m owed ?

I watched my nephews and was told I was going to be paid and now she is saying she will not pay me if I don’t sign

1 Answer | Asked in Appeals / Appellate Law for California on
Q: What would be precedent of broken informal commitment that did not result into settlement - as basis for appeal?

Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299 is not relevant to informal agreement that did not result into settlement. Settlement was not achieved.

What would be precedent of broken informal commitment that did not result into settlement - as basis for appealing order... View More

James L. Arrasmith
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answered on Jan 15, 2025

Let me help you understand the legal precedents that might apply to your situation regarding broken informal commitments in California.

For cases where informal commitments didn't result in settlement, you might want to consider Copeland v. Baskin Robbins U.S.A. (2002) 96 Cal.App.4th...
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0 Answers | Asked in Cannabis & Marijuana Law for South Dakota on
Q: My daughter got pulled over for expired tags. The cop claimed he smelled marijuana. He broke into a lockbox and found

Paraphernalia. She now has a court date for possession, what are my options in South Dakota?

0 Answers | Asked in Real Estate Law for Washington on
Q: Am I obligated to trim branches that encroach over my neighbor's wall/fence? I live in Lake Forest Park, WA.

My neighbor is demanding I remove all branches that encroach over their fence/wall. They are claiming the branches are touching their building and exterior lighting and wiring, etc. They have dumped yard waste over the wall onto our property multiple times because the waste comes from branches that... View More

1 Answer | Asked in Criminal Law for California on
Q: Eavesdropping on an undropped call

I am a leasing manager for a commercial real estate company and as such I was meeting a tenant to help with “damage control” as she was angry with lack of response from management. When I went to meet her, she was on the phone with the property manager and when she saw me, she hung up to meet... View More

James L. Arrasmith
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answered on Jan 15, 2025

Your situation is concerning, and you're right to be thinking about both the legal and ethical implications. Under California Penal Code Section 632, it is illegal to intentionally eavesdrop upon or record a confidential communication without the consent of all parties involved. The property... View More

0 Answers | Asked in Civil Litigation for Tennessee on
Q: I was served a Notice of Termination of Tenancy. I have moved out of the apartment. What’s the next step?

I removed as many of my personal belongings as I could on my own and will be returning the keys. What happens next?

1 Answer | Asked in Appeals / Appellate Law for California on
Q: What statute defines in CA approach to pro se litigant in respect to error of law?

Law has to treat any party the same, regardless legal representation.What statute/.authority defines in CA approach to pro se litigant in respect to error of law?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2025

In California, the foundational principle regarding self-represented litigants is established by California Rules of Court, Rule 1.3, which mandates equal treatment for all persons before the law, regardless of their representation status. This rule explicitly states that self-represented parties... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for California on
Q: Is denial of plaintiff's motion to set aside dismissal against defendant prejudiced against plaintiff in this case?

Valid contract was not formed by informal email communication. Plaintiff kept informal intent and entered dismissal, that the defendant demanded as condition for amending records.

After dismissal was entered by Plaintiff, Defendant took advantage of desperate Plaintiff's effort to... View More

James L. Arrasmith
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answered on Jan 15, 2025

Based on the information provided, the denial of the plaintiff's motion to set aside dismissal does appear to show prejudice against the plaintiff in this case. The circumstances suggest the defendant acted in bad faith by using the plaintiff's vulnerable position and desire to amend... View More

0 Answers | Asked in Contracts for Illinois on
Q: My 74 stepdad just passed. SunRun solar got him to sign a year ago. Mom never signed contract. Can she cancel it?

She is in IL. They want her to sign contract. Can she get out if it.

0 Answers | Asked in Divorce, Family Law, Child Custody and Collections for Georgia on
Q: My ex-husband's attorney has had my wages garnished to pay his attorney's fees. It is more than I can afford.

They are now attempting to get fees for the private investigator he hired to surveil me. I cannot afford to continue to pay this garnishment. I am a single mother of 4 and a public elementary school teacher.

0 Answers | Asked in Contracts and Real Estate Law for Missouri on
Q: Simply a resident in the state of Missouri looking to start my own business.

I reside in the state of Missouri. I have been contemplating getting into the wholesaling real estate market. However, I would like to learn the ropes a little bit better before I jump in with both feet. I thought perhaps I could find properties for wholesalers and charge a finder's fee. I am... View More

0 Answers | Asked in Copyright and Trademark on
Q: Is it fair use when I use a chocolate from a brand for a tutorial video on YouTube that shows how to make candy wrappers

...as a hybrid project? The candy wrapper is not having the brand on it, the chocolate is only used as a sample to showcase the use. However, the tutorial is featuring products the wrapper is made of for a digital scrapbooking store.

1 Answer | Asked in Civil Litigation and Legal Malpractice for California on
Q: such recently discovered facts be added to reasons for compelling further responses? what statute defines that?

How exactly California Code of Civil Procedure Section 2031.310 allow party to compel further responses, including newly discovered facts in reasoning for compelling further responses? In other words - when new facts were discovered since discovery was propounded, that strengthen basis to compel... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2025

Under California Code of Civil Procedure Section 2031.310, you have the right to file a motion to compel further responses when the initial discovery responses are incomplete, evasive, or otherwise inadequate. The statute itself doesn't explicitly address whether newly discovered facts can be... View More

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