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2 Answers | Asked in Landlord - Tenant, Real Estate Law and Civil Litigation for California on
Q: My storage in California raised my rent from 154 to 197 last month and I’ve only been there for 10 months. Legal?
Delaram Keshvarian
Delaram Keshvarian
answered on Apr 30, 2024

Thank you for asking the question!

1. The lease agreement is the governing instrument. If there is any provision in the agreement that controls the increase in the rent, you can make the owner of storage to comply with it.

2. Even though storage is not a residential property, there...
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3 Answers | Asked in Personal Injury, Civil Litigation, Bankruptcy and Employment Law for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 19, 2024

Sorry to hear what happened to you. In New York, you can only recover for negligent infliction of emotional distress where the behavior in question is extreme and outrageous. An actuarial error relating to your payroll deduction likely does not likely qualify.

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3 Answers | Asked in Personal Injury, Civil Litigation, Bankruptcy and Employment Law for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2024

I'm sorry for your ordeal. It's difficult to say with certainty whether the consequences you suffered from the payroll deduction would present the basis for a strong case. Although it's clear that you suffered here, and such damages are always part of the recovery inventory in a... View More

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3 Answers | Asked in Personal Injury, Civil Litigation, Bankruptcy and Employment Law for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More

James L. Arrasmith
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answered on Apr 23, 2024

In New York, an employee may be able to sue their employer for negligent infliction of emotional distress (NIED) if the employer's negligent actions caused the employee to suffer severe emotional distress. However, succeeding in such a claim can be challenging, as you would need to prove the... View More

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for North Dakota on
Q: Do I have grounds for a lawsuit for false accusations by maintenance property manager

I have 2 esa dogs. I gave them the required paperwork showing that they are esa. Got a call asking if I had a third because my partner was seen walking with a dog. I told them i did not, and was met with hostility claiming they had to make sure because I allegedly had “duped” them into taking... View More

James L. Arrasmith
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answered on Apr 16, 2024

Determining whether you have grounds for a lawsuit based on false accusations by your property manager involves several factors. Generally, to pursue a defamation claim, you must prove that a false statement was made to others, that it caused you harm, and that it was made without adequate basis in... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Gov & Administrative Law for Georgia on
Q: My tv doesn't display a parental advisory

What's the law on TV display and parental advisory Georgia law McDonough

James L. Arrasmith
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answered on Apr 15, 2024

According to the Georgia state law, there is no specific requirement for TV displays to show parental advisory warnings. However, the Federal Communications Commission (FCC) has regulations regarding the display of content ratings and parental guidelines on television programs.

The FCC...
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1 Answer | Asked in Civil Litigation for California on
Q: l won a civil forfeiture case I few years ago never got the proceeds Found Letter no check what could I do to claim
James L. Arrasmith
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answered on Apr 15, 2024

If you won a civil forfeiture case in California but never received the proceeds, here are a few steps you can take to claim the funds:

1. Review the court documents: Carefully review the court order or judgment that awarded you the proceeds from the civil forfeiture case. Make sure you...
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1 Answer | Asked in Business Law, Civil Litigation and Internet Law for California on
Q: Can I sue against Upwork for negligence against their E&O due to me hiring a fraudulent attorney on their platform?

I hired an attorney on Upwork and paid him on Upwork. He disappeared, stopped responding, and due to the statute of limitations I am now out 100's of thousands on the claims he was working on for me. After some research by the Texas State bar and an attorney they have put on this issue, he is... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, you may have a potential claim against Upwork for negligence. However, the strength of your case depends on several factors, and it is essential to consult with a licensed attorney who specializes in such cases to evaluate your specific situation.

Here are...
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1 Answer | Asked in Criminal Law, Civil Litigation and Constitutional Law for Georgia on
Q: Can I get my money back if it was seized and I never received any notice of seizure about it ever. My lawyer originallly

Said we would settle for half because he knew the lady in charge of that. But the trial came and we were never spoke on it. $17,500 in Dekalb County I was pulled over in a car. I had nothing on me accept cash a friend had a couple grams of coke on him they later got a warrant and found a couple... View More

James L. Arrasmith
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answered on Apr 14, 2024

Based on the information you provided, it seems that the authorities seized your money ($17,500) during a traffic stop and subsequent search of your home, which led to drug-related charges and a conviction. If the authorities did not follow proper legal procedures regarding the seizure and... View More

1 Answer | Asked in Civil Rights, Personal Injury and Civil Litigation for California on
Q: I would like to file a declaration as a previous plaintiff in a multi-plaintiff civil claim, now as third party.

There is a multi party personal injury claim where I was a previous plaintiff. I dropped my portion of the claim recently against the defendants and I am no longer party to the case. The civil suit is still ongoing with the other plaintiffs. I would like to file a declaration to the court, now as... View More

James L. Arrasmith
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answered on Apr 13, 2024

In your situation, since you are no longer a party to the ongoing case but have relevant information to provide, you have a few options to consider:

1. Declaration as a third-party witness: You can file a declaration with the court as a third-party witness. This would involve providing a...
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1 Answer | Asked in Civil Litigation for Colorado on
Q: What do i do if I worked on a vehicle and didn't have a predetermined price for labor? It was see what it needs as we go

Was driving and working for a man that had me in an unsafe truck. I told him I was not comfortable driving the truck as was and he asked if I could fix it. He ordered the parts as I worked on the truck because we did not know what exactly was needed at time of start. He now wants to take the truck... View More

James L. Arrasmith
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answered on Apr 13, 2024

In a situation where you performed work on a vehicle without a predetermined price for labor, and the owner is now refusing to pay, here are some steps you can consider:

1. Document everything: Make sure you have a detailed record of the work performed, parts purchased, hours spent, and any...
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1 Answer | Asked in Civil Litigation and Consumer Law for Arizona on
Q: Daughter(6) made several small charges on our debit card for a game she plays on my phone. Are we ineligible for refund

Can we still get our money back or will they deny it because she is our daughter?

James L. Arrasmith
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answered on Apr 13, 2024

In this situation, getting a refund may be challenging, but it's still worth trying. Here are a few steps you can take:

1. Contact the game developer or publisher directly and explain the situation. Some companies have policies in place to refund accidental or unauthorized purchases...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Municipal Law for New Jersey on
Q: If your neighbor has a tree in his yard and one of his branches is on your property is it your responsibility.

If the branch is in your yard and their are bugs on it and you spray bug spray which kills the tree can you be liable even if the branch where you sprayed the bug spray is on your side?

James L. Arrasmith
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answered on Apr 13, 2024

If a branch from your neighbor's tree extends onto your property, the responsibility for maintaining that branch is a bit of a legal gray area and can vary depending on local laws and regulations. In general, you have the right to trim the branch back to the property line, but you should not... View More

1 Answer | Asked in Civil Litigation for California on
Q: Despite the court granting the motion to compel, the defendant has not yet produced the requested information.

The defendant failed to respond to the interrogatories, and the court subsequently granted our motion to compel. However, they have not yet complied with the court order.

James L. Arrasmith
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answered on Apr 13, 2024

Here are a few options for next steps when a defendant fails to comply with a court order compelling discovery responses:

1. File a motion for sanctions: You can file a motion requesting that the court impose sanctions on the defendant for failing to comply with the order to compel....
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1 Answer | Asked in Civil Litigation for California on
Q: Trying to locate a current case on a COA of conversion and intentional interference with prospective economic interest
James L. Arrasmith
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answered on Apr 12, 2024

To locate a current case in California involving causes of action for conversion and intentional interference with prospective economic interest, you can follow these steps:

1. Visit the California Courts website at www.courts.ca.gov.

2. Navigate to the "Opinions" section,...
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2 Answers | Asked in Constitutional Law and Civil Litigation for Arkansas on
Q: Can I file a civil suit I had dismissed

I dismissed the case until I got out from incarcerated

James L. Arrasmith
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answered on Apr 11, 2024

In Arkansas, if you voluntarily dismissed your civil case without prejudice, you generally have the right to refile the lawsuit at a later date, subject to the applicable statute of limitations. However, if the case was dismissed with prejudice, you would be barred from refiling the same claim.... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I had a misdemeanor Sexual Misconduct conviction set aside in Missouri, how can I have Failure to Register removed also?

The judge said manifest injustice does not apply to felonies because there’s a 180 day time limit, but misdemeanors have no time frame which is why he was able to set aside the Sexual Misconduct conviction.

James L. Arrasmith
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answered on Apr 11, 2024

I understand you're looking for information on how to have a Failure to Register charge removed after having a misdemeanor Sexual Misconduct conviction set aside in Missouri. Here are a few things to keep in mind:

1. Setting aside a conviction is different from having it expunged or...
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1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for California on
Q: I live in San Diego. I sold a car and lent someone money. I am low income. What recourse do I have to get $ back?

They do owe the IRS also. And I've gotten about half back but if he's not willing to pay remaining (about 13k) I want the car back even though he put 100k+ miles on it. He gets paid as 1099/cash and says that he won't ever file taxes. Can we garnish his wages to be Repaid cause... View More

James L. Arrasmith
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answered on Apr 11, 2024

In your situation, you have several options to consider:

1. Small Claims Court: If the amount owed is less than $12,500, you can file a claim in small claims court. The process is relatively simple, and you don't need a lawyer. However, since the amount owed is more than $12,500, this...
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1 Answer | Asked in Criminal Law and Civil Litigation for Illinois on
Q: If I was at a mental hospital during my hearing date for an order of protection would that help to get it dropped?

Me and my parents are separating ourselves, permanently. They were supporting me, and we're going through process of cutting our financial ties. Once that was mostly finished the family lawyer I was talking to dropped an order of protection on me. I sent them a bunch of angry messages, while... View More

Cheryl Powell
Cheryl Powell
answered on Apr 10, 2024

MAYBE. It depends how long ago this happened, were you served with the papers before or during hospital, will your Dr state that you were in such a mental state from mental illness or meds as to not be responsible for not showing up, etc.

Get all your papers together and go see a good...
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1 Answer | Asked in Civil Rights and Civil Litigation for New York on
Q: Can I demand reimbursement if a management company tow my car if there is no postings stating visitors not park

No towing company information was posted

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answered on Apr 10, 2024

If there were no signs posted indicating that visitors could not park in the area where your car was towed, you may have grounds to challenge the towing and seek reimbursement. Here are a few steps you can take:

1. Document the situation: If possible, take photos of the area where your car...
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