LegalwriterOne

Members
  • Content count

    6,028
  • Joined

  • Last visited

  • Days Won

    6

LegalwriterOne last won the day on November 3 2016

LegalwriterOne had the most liked content!

1 Follower

About LegalwriterOne

  • Rank
    Platinum Contributor
  • Birthday
  1. Yes, they can.
  2. Even though he does exercise his right to visitation, he still has the right and you need to get the court's permission to remove the child from the state. I don't know about LA but most states won't allow a payee parent to waive child support as it belongs to the child and it's their right to receive it whether or not the payor parent visits.
  3. What the child support statutes are in another state isn't relevant to a child support order entered in CA. CA law governs. You didn't say what the visitation situation was. That does figure into the calculation.
  4. The poster indicated in a prior post that he lives outside the US....
  5. Not even close. "Quiet enjoyment" means there shouldn't be a substantial interference with your ability to peacefully and reasonably use your rented space . Mere inconveniences or annoyances are insufficient. The other tenant has a right to use their rented space as well.
  6. You can buy access through westlaw but it isn't cheap. Or, find a law library that carries it.
  7. The employer made an accommodation and that's all they're required to do. "Advancement" is never guaranteed and it's not the employer's problem that your education goals can't be met. If you aren't happy, you are free to seek employment elsewhere.
  8. That is not the statute, it's a general interpretation which is their opinion and it's not binding legal precedent in any way, shape or form. Yes, I am in CA and I am a landlord. When you have a month-to-month tenancy, the rent is due in advance of each month's residency. Absent a specific agreement between the parties, 30 days notice is required to terminate the tenancy, BUT that doesn't mean if you give notice mid-month, that you only pay for 1/2 of the next month's rent. It's a contract issue, not solely a LL-T issue. You contracted to pay in full for each month in advance and absent a specific provision in a written rental agreement, the landlord does not have accept half the rent when the entire amount was due on the 1st.
  9. No it's not. You are on a month-to-month tenancy, you owe for the entire month regardless of when you vacate unless there is a written rental agreement that says otherwise. Not exactly. You have to prove he acted in bad faith and he's still entitled to claim whatever damages he can prove.
  10. What makes you think he's only entitled to 1/2 a month's rent? He has to send you an accounting within 21 days and the remainder of the deposit, if there is any. If his accounting eats up the whole thing, he doesn't have to send any money. If he's claiming deductions that you don't agree with, you can sue in small claims but you aren't entitled to double recovery.
  11. Since it appears from your post that he was out on bond for one case when he picked up another, I wouldn't count on the court letting him out on any basis.
  12. “When a party has relevant evidence in his control which he fails to produce, that failure gives rise to an inference that the evidence is unfavorable to him.” Int'l Union, United Automobile, Aerospace and Agric. Implement Workers of Am. (U.A.W.) v. N.L.R.B., 459 F.2d 1329, 1336 (1972), citing 2 J. Wigmore, Evidence § 285 (3d ed.1940); see also Evis Mfg. Co. v. F.T.C., 287 F.2d 831, 847 (9th Cir.1961); 31A C.J.S. Evidence § 167 (2007). The adverse inference rule is a “generally accepted principle of law.” Smith v. United States, 128 F.Supp.2d 1227, 1232 (E.D.Ark.2000). Singh v. Gonzales (9th Cir. 2007) 491 F.3d 1019, 1024
  13. Missouri allows for the terminally ill to terminate their artificial nutrition and hydration, so long as the wish to end their treatment is proven with “clear” and “convincing” evidence outlined in the case of Cruzan v. Director, Missouri Department of Health 497 U.S. 261 (1990). Absent a medical directive, the doctor can legally refuse. If the family wants to push it, they will have to seek a court order to have life support terminated. I'd suggest they consult local counsel.
  14. That's not practicing medicine without a license. That's proper nursing care when a trained nurse sees a doctor's order that is questionable or not clear. Although the charge nurse should have made the call to the MD, or made sure the call was made to the doctor immediately by the other nurse, it still sounds like 1) the patient complained and the hospital is trying to cover their own behind or 2) they're looking for a reason to get rid of that nurse.
  15. Accused by whom?