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  2. Do you have any documentation of your agreement to purchase the vehicle, such as a purchase agreement or, at least, a cancelled check. I would take a more direct approach, Thai is, I would consult the police and tell them you believe you may have been cheated out of the payment you made and ask them to determine if the vehicle is stolen.
  3. To Adjusterjack: It's not a theoretical question. The law you cite says exemplary damages can be awarded for "breach of an obligation not arising from contract," which I assume you are saying extortion is, but it does not tell me if there is a practical limit in California to those exemplary damages, which was my lead and primary question. In online searching I have read that punitive damages are based on the defendant's ability to pay but that there are limits established in common law that the damages could not be more than about five times the compensatory damages. (No authorities were cited.) If that is an established standard no matter the amount extorted, then it would not pay to even discuss this with a lawyer to pursue extortion where the amount paid to the extortionist was only about $1,000 because the maximum award would then be the $1,000 compensatory damages plus the $5,000 exemplary damages, i.e., $6,000. I have to assume any contested civil action would run a tab of $50,000+. It seems to me that a multiplier such as described above would be too simplistic in that, where the amount extorted was relatively small, it would not accomplish the objective of exemplary damages to dissuade a defendant (or others) from committing the extortionate behavior against others in the future. Nevertheless, it would not surprise me if a precedent exists for a multiplier of five, which would not be worth fighting, and in which case it would become a small claims case (at the most). Thanks
  4. Today
  5. Is this another "theoretical" question or do your questions actually apply to something you're involved in? See CA Civil Code section 3294: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3294. Probably not. But you can google that just as easily as I can. A CA small claims judge can award punitive damages for ANY case for which punitive damages are appropriate.
  6. Should he wait for the detective to come to our house and then tell him he's not going to answer any questions? Should he call the detective and let him know he won't answer any more questions without an attorney? I'm tired of the police showing up at our door all the time
  7. Check the VIN at the following website: http://vinsearch.info/atv-vin-check.html Make sure you use the VIN that's on the ATV, don't rely on just the paperwork. Come back and report the results.
  8. That was your husband's first, biggest, and dumbest mistake he could ever make. Sit down with your husband and watch these videos and you'll know why. He can be innocent and still end up in prison. https://www.youtube.com/watch?v=8GjCJ6Xqjg0 https://www.youtube.com/watch?v=-FENubmZGj8 What your husband needs to do now is say "No comment. I'm invoking my right to an attorney." And he needs to keep saying it over and over again even if he does get arrested, especially if he gets arrested. And now is the time to get him to a lawyer while he still has some control over it.
  9. A few weeks ago, a police detective came to my house wanting to speak to my husband about an incident that had occurred about a week prior. The detective asked my husband to come to the police station with him, and my husband willingly went with the detective. My husband returned home about a half hour later, saying that the detective was questioning him about a car theft. My husband had gone to a local bar and a car was stolen from the parking lot while he was there. The detective showed my husband a picture of himself leaving the bar, but that was it. The detective said the car was recovered and he kept assuring my husband that nothing major would come from the incident. A few days later, some paperwork was dropped at our door. My husband wouldn't let me look at the papers, but apparently it was a warrant for his arrest in regards to the car theft. About a week ago, while I was home alone, I got a knock on my door. I answered and it was 4 officers, including the detective who had questioned my husband previously, looking for my husband. He was not home and I told them he was not, and even invited them to look in my house to show that my husband was indeed not at home. They said for me to have my husband call the police station when he got home. I said I would and they left. My husband returned home from the grocery store about an hour after the police left and I told him what had happened. He said he would call them the following day. Not more than an hour after that, the same detective and another detective showed up at our door. My husband answered the door and the second detective asked where he was earlier in the afternoon. My husband showed them a receipt from a Lyft ride he had taken that afternoon, and the second detective said that was fine, that my husband was not the person they were looking for and they just wanted to verify his whereabouts. It turns out the officers who had shown up to my door earlier had been looking for a suspect in a bank robbery that had occurred that afternoon close to our house. The robbery suspect fit my husband's general description, but the second detective seemed satisfied that my husband was not the man they were looking for. The two detectives left our house and nothing else came of it. They had opportunity to arrest my husband on his warrant for the supposed car theft, but they did nothing. About three days after the two detectives had questioned my husband about his whereabouts during the robbery, a third detective came to our house, asking to speak with my husband. This detective told my husband he was investigating a break-in to a cell phone store near our house where my husband used to work (he was let go from that job back in November). I was about to leave for work and my husband's son was at home (due to no school that day), so the detective told my husband to call him in the morning to arrange a better time for my husband to go to the police station to answer questions about the store break-in. Once again, the detective (who did have another officer with him) did not arrest my husband, even though he has a supposed warrant. My husband spoke to the detective on the phone the next day, asking if it would be alright if he came in on Monday to answer his questions about the phone store break-in. The detective was very cordial and said that would be fine. My concern is that once the police have my husband at the police station, will they arrest him for the supposed car theft? I just don't understand why they haven't arrested him yet, even though he apparently has a warrant and the police have had ample opportunities to arrest him. Is there an actual warrant or is the first detective just telling us that to scare us? This whole situation is so confusing. My husband is not guilty of anything and we are very confused and irritated that the police keep coming to our house and bothering us for every crime that occurs near us. Any advice?
  10. Who do I call mvd or dispatch or detective or what?! Again, my only concern is if I am going to be held criminally by a charge & an arrest if it’s stolen?!? Am I crazy? I’m scared w out knowing what is going to occur. Ok?
  11. Is that what police are going to say to me? That I’m giving a sob-story??? Omg. I really need the legal ramifications.
  12. In California, is there a practical limit to the potential recovery for civil extortion if the extortionate amount paid was small (around $1,000) but the ability of the defendant to pay is large? Can attorney fees be recovered by plaintiff if victorious or defendant if not? Can small claims court award punitive damages for civil extortion up to the $10,000 limit of that venue or would the plaintiff be limited to compensatory damages (i.e., the $1,000 above)? Thanks
  13. Arizona. I am not worried about the money & an 100% committed to handing it over if it is stolen. My concern is is that if I call am I going to be arrested?!? That’s it. I’m sick about it w fear. I could care less about my financial loss- it was a bad mistake I made in the situation & pressure to buy. It was all I could do to insist that I’m not paying until I have the title. I am NOT looking nor is this a sob story, Sir. I really want advise because I am afraid of ring charges w having it if it is stolen. I’ve been through a lot & do not need this. I need a legal point.
  14. Another no-title sob story. That's the umpteenth one this week. Here's your sign. Too late to worry about that now. Call it in and find out. I'll bet that the 50% was more than the quad was worth. What's the name of your state?
  15. Here's the required form from the PA court system. It doesn't need to be notarized. http://www.pacourts.us/assets/files/setting-4120/file-4293.pdf?cb=96ad4f It's probably a good idea to do the transaction at the court and file the satisfaction there, too.
  16. I purchased a quad w agreement on 50% payment then balance when I got title. Now I cannot reach reach the man his phone no longer is valid & he has not sent me the title. Now I’m afraid it may be stolen, or, he knew of repairs now necessary. I’m scared to death to call in vin because I’m afraid I’ll get in trouble. What the heck can I do please? 😳
  17. Since this involves a single city or water utility, I would suggest you consult an attorney in that city for advice. I would be surprised if a municipal water supplier is required to run a water main to an individual house for free upon request.
  18. I was trying to sell a vacant lot I owned next to my residence and several potential buyers informed me that the City had told them that they would have to not only pay for a water meter to installed on the property which is normal, yet also told them that the water line that serves that property was too small to add any additional connections and they they would have to pay $35,000 in order for the City to extend the other water main down the street back towards the vacant lot before they would even install a meter. I am not doubting what the City says needs to be done to provide water service but rather whether it is actually the responsibility of the property owner or the city to pay for the cost of obtaining water to the meter.
  19. when I make the payment in full and have him sign this satisfaction of judgment should I do it in front of the court clerk, or a notary, or would the receipt be enough proof? Thanks guys, appreciate the answers and time.
  20. Yesterday
  21. If you feel your medical records are not accurate, you have a right to request that the doctor correct them. 45 CFR 164.526. https://www.law.cornell.edu/cfr/text/45/164.526 The regulations include: --a procedure for requesting a change, --the time periods for a health care provider to respond to a request, --what health care providers are supposed to do if they agree with the request, --the bases upon which a health care provider can deny a request for a change, and --the procedural requirements for a denial.
  22. It all implies that I was being more difficult than I actually was. She goes on to make it seem like I'm making things up and changing my story through out. while I was upset and that's a fact I know some of the facts are incorrect to her advantage. She even spelt my name wrong too. I requested not to see this Dr anymore and was told to leave the practice.. no one every asked what happened and why I was so upset. They just have her record of the event. I just want my medical record to state that facts and not her spin on it. I was upset and crying after the exam but that is not mentioned. I was denied care from another practice after they reviewed this record already. I cannot prove any of this or how she spoke down to me when I was on my back belly exposed. Im pregnant and need care for my OB needs and because of the way she makes me sound like a crazy person I am being denied care. I don't know how to handle this? ask her to correct?
  23. So, the medical record says you denied a pelvic exam and the doctor included a chaperone because you did not calm down. Why would you expect those statements would make another doctor refuse to treat you? Incidentally, why were you agitated?
  24. my example: Doctor states that I denied pelvic exam several time in report. In reality the doctor never suggested a pelvic exam, only the RN did before the exam actually started and it was regarding another issue not the reason I was there or that the Dr. was referring to. Another example: Doctor states after I "became unable to calm down" she included a chaperone for the remainder of the exam, but in reality the exam was over and I was on my way out of the office when I approached her and asked about her behavior only then we went back into the room with another staff member.
  25. When you say, untrue events, are you saying that she is saying things happened that didn't happen at all, or that her version of what happened does not match yours? Let me give an example of what I mean. You come into her office, you're thinking about something and by accident walk into a chair. The chair falls over. Your version is that you walked into a chair and it fell over. Are you saying that her notes say, a.) Jane knocked over a chair or b.) Jane picked up the chair and threw it across the room?
  26. Hi! I took out the extra policy and glad i did--My car broke down and it came in handy. Thanks Kreshay Caswell
  27. I had a bad experience with a doctor and in my medical records the notes from that day state some facts but also some untrue events. I believe these untrue events make me seem like an extra difficult or irrational patient and any future doctor may deny me care because of it. Do I contact the doctor to correct? should I call or write a letter? it is legal for her to do, and how can it be proved? Thank you.
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