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1 Answer | Asked in Tax Law for New York on
Q: What is recourse if real property was illegally seized when taxes were always paid in full and county ascribed wrong own

Owner and failed to notify record owner of deed

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 25, 2024

If your real property was transferred due to errors by the county (e.g., assigning the wrong owner or failing to notify you of changes to the deed) contact the county recorder or assessor's office in writing to dispute the error. Include copies of your tax payment records, the deed, and other... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Section 906 exception to appeal - follow up. True statement?

Ms. Arrasmith previous response essentially means that appealable denied order to set aside dismissal is 'one and done' situation,

when failure to timely appeal results in consequent loss of opportunity of post-judgement appeal.

Because appeal might have been taken before,... View More

James L. Arrasmith
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answered on Nov 24, 2024

Your interpretation raises an important point about Section 906, but it needs some clarification. The situation isn't quite as absolute as "one and done."

While failing to timely appeal a denied motion to set aside dismissal can indeed close off that specific avenue for...
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1 Answer | Asked in Lemon Law for California on
Q: Can I sue Carvana for selling me a defective car?

I bought a car from Carvana 89 days ago and it was fine for first 7 day return period but then started to have issues. I’ve taken it to five different mechanics and they can’t diagnose the sounds in suspension or defective start and stop button but they say car body has issues , they just... View More

James L. Arrasmith
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answered on Nov 24, 2024

In California, you may have grounds for legal action against Carvana under the state's Lemon Law and consumer protection statutes. However, you'll need to document all repair attempts and maintain detailed records of the issues you've experienced.

Since you're still...
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0 Answers | Asked in Traffic Tickets for Alabama on
Q: I’m wondering about a specific traffic law. I got a ticket for “unapproved lighting device” for having white underglow.

Every thing I have read in the codes says they are legal as long as they are pointed at the ground, non colored, and don’t shine further than 75ft from the vehicle.

0 Answers | Asked in Criminal Law, Personal Injury, Antitrust and Domestic Violence for Virginia on
Q: A law enforcement officer that is supposed to be protecting me from a person I have a personal safty order against is

purposely neglecting his duty and refusing to respond to my 911 calls and flagged them as fake because he uses the girl as an informant . Recently she broke into my home and dropped several items. Her cellular phone was one of them. It was unlocked. I am reading messages from this officer and to... View More

1 Answer | Asked in Gov & Administrative Law for California on
Q: Is rule 8.25 (Serving/Filing) is applicable only to appeals?

Is rule 8.25 (Serving/Filing) is applicable only to appeals?

James L. Arrasmith
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answered on Nov 24, 2024

California Rule of Court 8.25 extends beyond just appeals - it applies to all matters in appellate courts, including writs and original proceedings.

The rule's placement in Division 1 of Title 8 ("Rules Relating to the Supreme Court and Courts of Appeal") means it governs all...
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1 Answer | Asked in Personal Injury for California on
Q: Rule 8.25 process serving/filing

Document was filed with court first, and after that conformed copy was served.

Does it represent an issue of filing/serving?

James L. Arrasmith
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answered on Nov 24, 2024

Under California Rules of Court, Rule 8.25 primarily concerns service and filing requirements. The general practice is to serve documents on parties before or simultaneously with court filing, though the rules don't explicitly prohibit serving after filing.

While serving after filing...
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0 Answers | Asked in Criminal Law for Indiana on
Q: If I need a piece of evidence from an individual, how might I get it without commiting extortion?

The case regards the past child molestation of... me.

1 Answer | Asked in Personal Injury and Appeals / Appellate Law for California on
Q: What is reasoning for option 1, 2 or 3? Ccp 906 clause.

What is reasoning for option 1, 2 or 3?

Ccp 906 recites.

'Provisions of this section do not authorize reviewing court to review any decision from which an appeal might have been taken'.

In plain english does it mean that:

1. If appeal should have been... View More

James L. Arrasmith
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answered on Nov 24, 2024

Based on CCP 906's language, option 1 is the correct interpretation - if an appeal should have been taken earlier but wasn't, it is now banned. This aligns with fundamental principles of appellate procedure and the importance of timely appeals.

The reasoning behind this...
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0 Answers | Asked in Real Estate Law for Iowa on
Q: I am wanting to get out of my apartments lease and I just realized they are charging me utilities even though my lease

Says they are included. Can I use them charging me utilities as a reason to get rid of the lease

1 Answer | Asked in Consumer Law and Products Liability for Illinois on
Q: 8 year old Gorilla playset collapsed on my Granddaughter causing severe injury. Do I have a case.

I bought my Grandchildren a Gorilla playset 8 years ago and assembled by professional.On September 28, 2024 it collapsed on 2 of the kids causing 1 severe injuries to her spleen and kidneys. It has been maintained every year and came with 10 year warranty.

John J. Malm
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answered on Nov 24, 2024

I’m very sorry for the serious injuries suffered by your grandchildren. Both the manufacturer and installer can be held liable, and possibly strictly liable, for your grandchildren’s injuries under product liability, negligence, and possibly breach of warranty theories.

Proving...
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1 Answer | Asked in Personal Injury for California on
Q: Estimate of medicare fraud on medicare file

How to enlist, breakdown, itemize, put together estimate:

of future impact of having record of fraudulent hospice charges on my medicare file?

James L. Arrasmith
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answered on Nov 24, 2024

I understand you're concerned about fraudulent hospice charges on your Medicare file. This is a serious situation that can have long-term implications for your healthcare access and benefits.

The potential future impact could include red flags on your Medicare claims, leading to...
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1 Answer | Asked in Appeals / Appellate Law for California on
Q: Section 906 has final clause that states:

Order that might have been appealed cannot be appealed from.

Is missed opportunity to appeal now order denying motion to set aside represents exception for 906 appeal?

James L. Arrasmith
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answered on Nov 24, 2024

Your question touches on an important aspect of California appellate procedure regarding Section 906. Let me help clarify this situation.

The general rule under Section 906 prevents appeals from orders that could have been appealed earlier but weren't. However, there are limited...
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1 Answer | Asked in Workers' Compensation for Arizona on
Q: My job, im working two different departments and the other department gets paid more than i, is this legal?
Joel Friedman
Joel Friedman
answered on Nov 24, 2024

This is not a workers' compensation case. It seems you are being paid at the lower rate for one of the two departments where you are assigned, even for work you do in the department in which other employees are being paid a higher rate. That is an employment law question and I would suggest... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Do I lose chance to appeal order denying motion to set aside after final judgement, pursuant section 906?

Do I lose chance to appeal order denying motion to set aside after final judgement on the case, if I do not appeal this appealable order, as I might have appealed.

James L. Arrasmith
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answered on Nov 24, 2024

Under California Code of Civil Procedure section 906, you generally maintain the right to appeal the denial of your motion to set aside even after final judgment. When you appeal from the final judgment, you can typically challenge intermediate orders that led to that judgment, including the denial... View More

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: Indiana didn't pick me up on a governor's extraditable warrant what motion do I file to get the warrant recalled

I was on GPS and I cut it off with one month left to go I hadn't gotten into any trouble except for I started using drugs after downward spiral caused by community corrections so I was manic and crazy and I cut off my GPS and I fled to California to rehab to try to read establish my life and... View More

0 Answers | Asked in Real Estate Law for South Carolina on
Q: If a property is conveyed to an LLC, and the LLC isn't registered/created until days later, is the deed still valid?

Let’s say a property is conveyed to an LLC - let's call it "X", LLC. And “X, LLC” isn’t created/registered until a few days later. Is the deed still valid?

The reason I’m asking: I had to close on an investment property quickly. We did a quick closing using a... View More

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