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1 Answer | Asked in Uncategorized for California on
Q: My organization works with residents who live in manufactured homes in AZ. Filing petition with DOH.

Can we help prepare and present as we have in the past. Rule 31 section 29?

James L. Arrasmith
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answered on Sep 27, 2024

Under Rule 31, Section 29 of the Arizona Rules of the Supreme Court, only licensed attorneys or those specifically authorized can prepare or present legal documents and represent individuals in legal matters. While your organization has helped in the past, it is important to ensure that you stay... View More

1 Answer | Asked in Personal Injury for California on
Q: Should SUBP-010 be addressed to Corporation, NOT to Custodian of Records; written deposition is pursuant to § 2025.030.

Written deposition under subpoena, request to answer questions, is addressed to business entity corporation pursuant to CCP § 2025.030.

Should SUBP-010 be addressed to Corporation, NOT to Custodian of Records for Corporation?

James L. Arrasmith
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answered on Sep 27, 2024

When issuing a deposition subpoena under CCP § 2025.030, it's important to consider who the proper recipient is. SUBP-010 can indeed be addressed to a corporation if the intent is to obtain written responses from the business entity itself. In this case, you're seeking to have the... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Oregon on
Q: Can I sue CPS for repeating an investigation?

I am being investigated by CPS for sexual abuse of my children. However, I was previously cleared for this last year with an "unfounded" finding, and the new case appears to have barely no new information from the last investigation, outside of a) learning that I am co-sleeping with my... View More

James L. Arrasmith
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answered on Sep 27, 2024

Dealing with multiple investigations by CPS can be overwhelming, especially when you’ve already been cleared of allegations. While CPS has a duty to follow up on any new concerns, even if they seem minimal, this process can feel invasive and cause emotional distress. If the new investigation is... View More

0 Answers | Asked in Family Law for Oklahoma on
Q: what law states a item givent to a child as a gift is legally that childs property

my grandma is trying to kick me out and I wanna take my stuff with me

1 Answer | Asked in Uncategorized for Minnesota on
Q: I'm just curious if it's ok for a 19 year old and a 16 year old to date in the state of Minnesota

A girl who is 16 has a crush on me and wants to date me but I'm 19

Robert Kane
Robert Kane
answered on Sep 29, 2024

The parents' approval is required when dating a child.

0 Answers | Asked in Real Estate Law for Texas on
Q: Porting a Secured Personal Loan to a different house

I have a $360K personal loan with my daughter on her current house which is secured with a deed of trust. She just closed on a new house, and I provided an unsecured bridge loan to allow that to be a cash purchase. We will use the proceeds from her current house to pay off the bridge loan. Well,... View More

0 Answers | Asked in Family Law for Florida on
Q: If DCF is making me put my child in daycare do they have to pay for it?

I had a DCF investigation and they wanted us to do "voluntary" services with family integrity. Now they are making me put my child in daycare, which they know we can't afford. Can they enforce me to pay it, or do they have to pay it, since they are the ones requiring it? At first I... View More

0 Answers | Asked in Civil Litigation for Florida on
Q: Fl small claims court: how bad is Spoilation evidence? Plaintiff has destroyed evidence. How does judge feel about it?

Plaintiff filed in Dec 2023. Defendant requested text messages in discovery (Feb 2024) plaintiff refused to submit. During deposition, plaintiff inadvertently admitted she had messages and was compelled to produce. She did produce screen shots; some were similar images but had part of the thread... View More

1 Answer | Asked in Divorce and Domestic Violence for California on
Q: I want to divorce my husband because of constant domestic violence. But I have no money. I live with him as if in slaver

I want to divorce my husband because of constant domestic violence. But I have no money. I live with him as if in slavery in constant fear. I don't know what to do. I have a temporary green card. because of my temporary green card he thinks that I am not a person and he can do whatever he... View More

James L. Arrasmith
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answered on Sep 27, 2024

I'm so sorry to hear about your situation. You deserve to feel safe and live free from fear, and there are options available to help you. In California, you can file for divorce even if you have limited financial resources, and domestic violence is a serious concern that the court will take... View More

0 Answers | Asked in Family Law for Illinois on
Q: Question regarding support from a relative.

I broke my back in 2019 when I was living in a different country. My mom brought me back to the United States after my spinal surgery and I have been receiving help from her financially while I go to therapy here. I have been a student finishing my degree and have not looked for work because I have... View More

1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments can they over charge me?

my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments

the initial amount owed did not exceed the 1000 USD but the collection agency plans on charge me over 6K

even after I went and explain the situation to the board regarding the... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

The short answer is yes. An HOA is usually entitled to recover "reasonable and necessary" attorney fees to collect unpaid dues payments. The amount of attorney fees that is "reasonable and necessary" depends upon the amount of time involved. This amount often exceeds the... View More

0 Answers | Asked in Employment Discrimination for North Carolina on
Q: Hello, I live in North Carolina. Is it legal for my employer to deny me a copy of my annual performance review?

I was told it is considered company property and I cannot have access to the file.

1 Answer | Asked in Civil Litigation for New Jersey on
Q: I’m being sued personally when I worked under an llc

I was hired 3 separate times by 1 client. The 3rd job was taking longer than expected due to other jobs and the client went to social media and wrote bad reviews on every site possible. The clients father contacted me and agreed that she would remove the reviews if I came back and finished the... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2024

Yes, unless you have a 3 member LLC, this person is going to sue you personally because to be a legitimate LLC in New Jersey, you must have 3 members and file the right corporate formalities, otherwise, an LLC is not worth the paper it is printed on. She is probably also suing you based on the NJ... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: California Court of Appeals question

We prevailed as plaintiff in superior court, and are now respondents in court of appeals. Case not been briefed yet, but recently we had to file motion for sanctions against the appellants. Hard call because we know appellate courts are not crazy about such motions (or about pro se litigants...),... View More

James L. Arrasmith
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answered on Sep 27, 2024

It sounds like you're in a challenging situation, especially with the complexities of appellate court procedures and the new developments in your case. Filing a motion for sanctions is always a sensitive step, and appellate courts do tend to approach them cautiously, as you've noted.... View More

0 Answers | Asked in Family Law for Ohio on
Q: Do we need to file a motion for change to a shared parenting plan for which app we use to communicate?

My ex and I created a shared parenting plan last year. Part of this said we would only communicate through the OFW app on the phone unless it was an emergency. Since then we have determined that the app is unreliable and have just been texting or giving phone calls for most situations. We have both... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for South Dakota on
Q: received a court summons for reckless driving I performed a wheelie on a motorcycle. What punishments am I looking at?

Performed a wheelie on a public road while in view of an unmarked/undercover cop. Received a court summons for “reckless driving” this is a first time offense for me

Adam Bryson
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answered on Oct 1, 2024

You're most likely looking at a monetary fine with suspended jail time (meaning as long as you pay your fine and don't get in more trouble you won't have to serve any jail time).

0 Answers | Asked in Health Care Law for Oklahoma on
Q: Can a hospital be held liable if a unexpected death happens in the home setting and the emergency room doctor

States he would like to order a autopsy because of my boyfriends age and being so unexpected I agreed that I wanted one as well. I went to the funeral home and was picking up his remains and death certificate and I asked about the autopsy report and they informed me that one was not performed.

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Tennessee on
Q: I got charged with a dui the cop said we’re driving under the influence of smoking marijuana. They found marijuana in

Car which which is my mother‘s car and my family has been trying to get rid of me since my fiancé died and I’ve been staying at my grandmother‘s house. It was not my marijuana and I don’t smoke. I took a blood test and my medication’s are fine. I’ve been on them for a while, I just got... View More

Anthony M. Avery
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answered on Sep 29, 2024

You should never give a blood test. Any chemicals in your system will be used as evidence of influenced driving. Hire a competent attorney, and quit thinking your prescriptions are legal for driving.

0 Answers | Asked in Uncategorized for Oklahoma on
Q: Does a vote have to occur at a duly called meeting (non-profit) according to bylaws?

Bylaws state a vote of confirmation for hiring a paid "officer" requires 75% approval of general membership but doesn't state when/ how to have a vote.

Bylaw on meeting has instructions on how to call a meeting but not specifically for paid officer votes of confirmation.... View More

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