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Everything posted by LegalwriterOne

  1. If he's in another state, you would need to domesticate the judgment that ordered the support in order seek enforcement of the support order there. No one on here can walk you through that. You will need the assistance of counsel in that other state.
  2. What he needs to get back into Canada is a Canadian passport. The green card won't get him into Canada. He should consult the nearest embassy or consular office for assistance.
  3. Petition the court for an order changing custody and terminating child support. Consult local counsel.
  4. The casino didn't rob you and they're not a guarantor of your safety. Your recourse is against the person/persons who robbed you. I'm assuming you reported it immediately to the police....If the robber/robbers re caught, you can seek restitution through the criminal case. You can also seek assistance from the state's victim restitution fund. The DA's office will be able to help you with that.
  5. While the CA civil code section 1714.1, imposed joint liability to a parent, it is for a child's intentional or wilful acts that cause harm or damage. At best what happened is a negligent act which is insufficient given that a 2 year old child under the law lacks the mental capacity to realize that his conduct might cause damage. Ellis v. D'Angelo (1953) 116 Cal. App. 2d 310 [that child was 4]. Under penal code section 26: "Children under the age of 14, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness" are not considered capable of committing a crime. So, you can fight this if you want. It's a small claims action at best. l
  6. What were you charged with?
  7. Police reports aren't evidence and no one can *make* the cop correct or change his report. Worry about getting her a lawyer.
  8. Was this your first court appearance?
  9. HOWEVER, if the poster is renting a home rather than an apartment, it would be the poster's responsibility to protect the outside water pipes in cold weather by wrapping them.....
  10. They already tested the baby and have a concern so they issued a referral for a retest by an outside audiologist. According to the published protocal, ( Hearing Screening Protocol-11-08.pdf ) you can refuse but you have to do it in writing.
  11. Call the clerk's office and ask them if they accept service. I doubt you can e-file to a local judge or court but you can ask them.
  12. Have what taken care of? If the other child is still a minor, they would receive dependent survivor benefits at least until age 18 and that has nothing to do with you. Likewise, his surviving spouse can receive benefits at age 60 OR benefits at any age if they take care of his child who is under age 16. That also has nothing to do with you.
  13. Obviously your friend is not an attorney. Employees of government contractors claiming wrongful termination fall under the Office of Federal Contract Compliance Programs (OFCCP) regulations and must file a claim with the U.S. Department of Labor within 180 days of the violation. The former employee has 1 year under federal law and 3 years under NC law to file suit. ALL of those limitation periods have passed.
  14. State law would govern how long you had to institute a lawsuit for wrongful termination and you did not specify a state. However, most limitations statutes are only 2 or 3 years so it's likely too late to do anything. You can, of course, consult a local employment attorney.
  15. You can hire an attorney at any time. Whether or not they can get what you want is something you'll have to ask them.
  16. Actually in NC, without a written agreement, the landlord can give verbal notice and for a month-to-month tenancy, the notice period is 7 days. However, they can't just evict him without evicting her. If they renting to the poster, they have no say on him living there as long as the rent is paid on time. If they're renting to the both of them, then both must be evicted or he stays.
  17. All the judges in Tulare County have been sworn in just as have every other superior court judge in California.
  18. The DA is an elected official in CA and doesn't answer to the BOS. You can contact the AG's office directly if you want them to review the case. They may or may not do so but you can certainly ask. You are also free to file a civil lawsuit against the alleged perpetrators.
  19. You are responsible for your own choices. They didn't pour the beer down your throat and they didn't force you to order an expensive meal. You did that all by yourself. If you have diabetes, you shouldn't be drinking in the first place and it's solely your responsibility to care for your own health.
  20. Residential burglary carries a minimum sentence of 2 years, max of 6 years in CA per count. You can be charged with res burg for entering the attached garage of a home even if the door is wide open.
  21. Sure he can. Doesn't mean the court will agree with him but he has the right to contest it.
  22. Martin isn't anywhere close. The district court granted a partial summary judgment for him (984 F.Supp. 1320) and the defense by the PGA was that it was private non-profit establishment exempt from the ADA. The district court disagreed. They argued in the alternative that they weren't a "public accommodation" which the district court found to be incorrect. Martin argued as a third allegation in the district court that he was an employee but ruling on that was deferred by the district court pending trial. Martin did not raise it again so it fell by the wayside. It has absolutely no bearing on whether or not a person can be refused hiring as a police officer based upon being monocular.
  23. Chevron U.S.A. Inc. v. Echazabal, 122 S.Ct. 2045, 13 A.D. Cases 97, 153 L.Ed.2d 82 (U.S. 06/10/2002) The Court stated "by separate provision, §12113(a), the Act creates an affirmative defense for action under a qualification standard "shown to be job-related for the position in question and ... consistent with business necessity." Such a standard may include "a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace," §12113(b), if the individual cannot perform the job safely with reasonable accommodation, §12113(a)." The Court in Echazabal upheld the EEOC additional interpretation which allows an employer to screen out a potential worker with a disability "not only for risks that he would pose to others in the workplace but for risks on the job to his own health or safety as well: "The term `qualification standard' may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace." 29 CFR §1630.15(b)(2) (2001)." Further, the job of a police officer as stated in most job recruitment postings, specifically requires good vision in both eyes in order to pass the physical and medical requirements for the job. In Albertsons Inc. v. Kirkingburg, 119 S.Ct. 2162, 144 L.Ed.2d 518, 9 A.D. Cases 694 (U.S. 06/22/1999), a truck driver whose visual acuity made him basically blind in one eye was fired because DOT requires 20/40 vision in each eye for commercial truck drivers. Kirkingburg obtained a waiver from DOT but Albertson's refused to rehire him. He went to court and the district court granted Albertson's summary judgment. The 9th Circuit reversed and the Supreme Court reversed the 9th Circuit saying the employer does not have to experiment where visual acuity is required by regulation.
  24. Yes, he could be sued BUT fraud can be a crime. If it involves interstate commerce, the feds could pick it up just as any state where an app is originating from could pursue charges.
  25. First, when contracting with an app to watch a video or play a game, you are likely representing that you are a person and that you will personally do the task for the cash. When you use a bot, that's not you and you aren't personally doing the task which would constitute fraud. Second, earning from whatever source should be reported as income to the IRS. Even gamblers and pot growers have to report their earnings. However, if you didn't pay taxes, it depends on how much you made. I suspect you made less than $5K so you would owe no taxes and wouldn't have to file.