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  1. Today
  2. If you want to know whether or not you can sue, yes. You can sue. But if you are asking whether or not you are guaranteed a SUCCESSFUL suit, sorry, but predicting the future is far, far beyond the limits of a message board. You'll need to talk to an attorney in your state for the odds of winning, or, alternately, Madame Zulieka.
  3. You saying you wanted something is one thing, but did the contract contain language that unequivocally guarantees a particular level of production? Huh? If you post here again, you should consider proofreading before hitting the "post" button. I would hope it goes without saying that no one who hasn't read your contract can give you an informed opinion about whether a breach has occurred. If you're asking if you can sue, anyone can sue anyone for anything. If that's not what you're asking, you should clarify what you're asking. As my prior comments should make clear, a lot depends on the particular terms of your contract. The applicable state law also may factor in.
  4. Yesterday
  5. We purchased (not leased) a solar array for two different properties. On it permanent home, we said we wanted a certain amount of production, to cover our current consumption, and some extra, because we planned on adding a jacuzzi, and wanted to cover that as well. It never generated the contract amount, so we called them to discuss it. They said we could reach the amount with a few more panels. Which we’d have to pay for. We agreed, and they were installed. mouth of the last 24 months, I think 3 were actually at the contract amount. The company (SCC Solar) became harder and harder to reach, then just went dark. But we’re still paying the finance company for the array that doesn’t do what the contract stated. Is this breach of contract? If the company shuttered, can will still sue for the cost of the array (and what it will cost to actually reach the amount they promised, hopefully)? What can we do at this point? Thanks in Advance.
  6. The EEOC is on a pregnancy discrimination tear right now. I would highy recommend talking to an attorney, and if you cannot afford/find one, contact your regional EEOC office. (Dont set up an appointment on their Portal - it tends to be booked 6-months out, call and speak to a person there.)
  7. I was terminated Mid June. Unemployment would not accept my claim because i was not "separated from the employer." I was officially terminated in Late August at which point i was permitted to claim unemployment - of which i was immediately denied.... During the first Appeal, the supervisor said, under oath, that i was Terminated in June, but the Second Appeal the Company lied and said I requested the time off - of which they have no documentation. The Arbitrator said in her decision that it was despicable tactic, but she could find no remedy in Delaware Law that would allow me to claim the previous two months. She also confirmed that I would have been flatly denied benefits even if i had somehow submitted a claim... So my question - does anyone know a way to claim those two months where i was locked out of my benefits? Yes, i already realize the law is against me on this one, i just hate to think these guys are allowed to get away with a maneuver like this...
  8. Yeah...and there should have been flashing, colored lights and warning sirens too! You've gotten our take on all this. No point in revisiting.
  9. If that's what you believe, go with it.
  10. Although the deck edge was roped off, a sign should still have been there
  11. again, the designers needed a water depth sign or a no diving sign at or near the edge of the deck. They completely failed in that regard.
  12. Last week
  13. Are you being sued for rent due after the new landlord bought the property? It sounds as if you had an agreement with the old landlord for rent abatement while the property was for sale if you allowed prospective buyers access. Then the property was sold. So it sounds as if there is no need to show the property to prospective buyers. Therefore, the rent abatement should have ended. Am I understanding the facts correctly?
  14. Well I did give all the information, they had NO SEARCH WARRANT they were there doing a supposed well fair check and as of now El Paso county and the state of texas has dropped their case. The federal prosecutor has alleged that the drugs were found in a locked room safe of which there was none in our room.
  15. First of all, small claims courts are civil courts. Second, without knowing the court where the case is pending, I cannot tell you anything about the significance of the case number prefix. Maybe. As I wrote when I first responded, this is likely to come down to whose testimony the judge finds more credible.
  16. Hello everybody, just a brief update. First, I met with my lawyer last week to review everything. He is confident that he can get the citations dismissed and avoid going to court, mainly because the trooper has no proof to support the citations given (except maybe for the "failure to sign registration card" citation, he took my insurance/registration cards, still don't have them back). Secondly, the vehicle that rear-ended me and caused the whole accident, his insurance company has accepted 100% responsibility. State Farm has put together their case and has a statement from the driver that was ahead of me (his statement put the driver behind me at fault for everything as well). Hopefully the insurance portion of this accident will be resolved and completed soon. Thanks again for everyone's contribution to the forum. I appreciate your feedback!
  17. I have not been charged with anything. The owner was arrested after the shooting, but I don't know what for. I say trespassing, I went through an unlocked gate of what I thought was a car lot or mechanic shop. I was wanting to see if they were selling the cars. I couldn't find anyone, I went in one of the garages unlocked doors looking for someone. When I did I saw some really cool cars inside as well, and my focus was lost on looking at them. I wasn't stealing or attempting anything else illegal. Two owners came in both carrying pistols and had 5 German Shepard following. I had no weapon, my hands were in the air and I was in no way threatening them. One armed person behind me and the shooter two feet directly in front of me. I was awake until put in ambulance. Aware that the shooter called a friend first minutes after shooting me, then as instructed on phone, called police minutes more later.
  18. No I had a friend with me that witnessed the whole thing Land owner was charged but I don't know for what, and he is a felon
  19. Earlier
  20. pg1067; The prefix on the case# is MCV. Would that not be a civil suit case# ? The only written rental agreement was signed by the current tenants and the previous (now deceased) landlord. There has been no new written rental agreement between current tenants and new property owners/landlord. There has only been a verbal agreement between the current tenants and the new landlord/property owners. I am aware written agreements are the preferred method, but, when the parties and signatures on the original written rental agreement are no longer a factor, wouldn't it seem a more recent verbal agreement between all current parties involved, (owner/landlord/tenants) hold more validity?
  21. The court that entered the original divorce decree retains jurisdiction for purposes of any modifications unless both parents no longer live in California. If that happens, then the court where the payee parent and child live can assume jurisdiction for future enforcement and modifications. After you move, you should consult with a family law attorney in the Louisiana parish where your ex and child live to discuss this. California is a single jurisdiction and, as I mentioned previously, the court that entered the original decree retains jurisdiction for purposes of any future modifications as long as you remain in California. Whether you could successfully have any future petition for modification heard by a different judge isn't something I or anyone here can assess intelligently. P.S. I've used the word "jurisdiction" in two different ways in this response. One refers to a geographic area (and, in that sense, is distinguished from venue, which refers to the county or particular court within a county where the matter is heard), and the other refers to the power or authority of a court to consider certain matters.
  22. Is there a way to move to a different judge or jurisdiction within California? The DHSS group in SJC and the judge on the case seem to ignore the facts in the case.
  23. So I would have to request a change to another court of competence if I moved and sought the change? I sought modification on both her move to Louisiana and her marriage, but the San Joaquin County (CA) did not believe it was enough to modify the order, which was surprising. I enter the financial data in other state's child support guideline worksheets and what is $ 790 in CA is generally about $ 450 in other states (LA, MD, AL, CO, etc), so yes I exaggerated, it is usually only ~ %100 more expensive on the working parent (the parent with a job, my ex refuses to get a job now, and SJC CA court system was ok with that) in California vs. other states. You would think that they would take into account that she could work, the younger kids are now 11 and 9. And I also exaggerated that Louisiana is the cheapest state to live in, I am just frustrated at how the court system has handled this case. Thanks for the info.
  24. That's not even remotely accurate (at least not as a general statement). Also, I'm not sure what "the working parent" means. Also not accurate. This report and this report indicate that Louisiana is pretty close to the middle in terms of cost of living. The California child support order remains in effect until the court that entered that order or another court of competent jurisdiction changes it. Either your ex-wife's remarriage or her move to Louisiana probably was enough to seek a modification (and, certainly, both of those things together warrant a review and possible modification). If you also move out of California, then jurisdiction could be transferred to Louisiana, which would also allow for a modification. Keep in mind, however, that, if your move results in a decrease in income, the court may or may not take that into account.
  25. That's exactly right, but in the original post, it says, "I am on the Deed." That's inconsistent with buying on a land contract, so yeah, a better explanation is needed. My prior response was based on a "normal" situation in which the two of you bought the home by making a down payment and taking out a mortgage for the balance of the purchase price. I assumed that title was in both names (i.e., that both of your are "on the deed") and that both are obligated on the mortgage. However, given the comment about the home being "bought on a land contract," I'm not sure what to make of this. P.S. If you choose to clarify the situation, please also identify the state where the property is located.
  26. My Child Support amount was set in California where the pay rate is %250 higher than any other state for the working parent. My ex wife was cheating on me and decided to leave. Unfortunately I was the working parent so the two youngest of the four children went with her. The amount California set for me to pay was outrageously high and has left me totally broke. Meanwhile my ex and her new husband have moved to the cheapest state in the country to live, Louisiana, and use my child support payments to live in a new house, with new cars, etc. I need to move out of California to another state, would the jurisdiction for the child support and the support guidelines change since neither of us would be in California at that point?
  27. You need to explain a little more. Buying a property on land contract implies the purchasers are paying the owner rent with a portion of the rent applied to the purchase price. If the buyers make the entire series of payments the property is transferred. Until that point, the property remains titled to the owner. Is that what you are talking about? If so, your daughter can just stop contributing to the rent/purchase. Getting your property out may require showing up to get the property in the company of a police officer or deputy sheriff. The officer or deputy may cooperate if you indicate there will probably be a disturbance of the peace when you show up. Otherwise they will decline and say it is a civil matter and instruct you to file a court action for recovery of the property (called an action in detinue or replevin).
  28. Actually I'm asking for my daughter. The home was bought on land contract. We had to gut the home and by the time it was just a little livable we broke up and he moved in. He won't even let me come and get my things out of the garage that we stored there. So he would have to finance the home? Thank you!
  29. Once again, and hopefully for the last time, the trooper's report is irrelevant to anything. It is not evidence in the traffic or any civil suit that may arise out of the accident. Therefore, the trooper has no reason to change anything in his or her report.
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