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  2. The listing of a house in CA cannot be considered an offer because the owner of the house might not sell the house. Listing of the house can be an act of knowing whether the house can get the owner more than what he was expecting or the real value of the house in the market.
  3. Thanks I already have the information I needed and have been able to proceed.
  4. It's usually women that want to recant and forgive their abusers. They often wind up dead. Stop being stupid. This is a violent woman that has no business being in your life. Don't interfere with the prosecution. Keep your mouth shut until you go to testify and then tell what happened. Meantime, don't have anything to do with her.
  5. You mean what used car dealers still are. I got a chuckle at your last post. Not laughing at you. More of an ironic chuckle as I am closing on a house purchase this week after several months of looking and running into the same stuff that you've run into. The gimmicks, the games, the lying ads, photos that make everything look bigger, bidding wars. Not restricted to California. I'm in Arizona and that stuff happens here, too. It's unfortunate that it's a seller's market and the more desirable homes get multiple offers within the first few days on the market and often get bid above listing price. I'm an old guy who has had many years experience buying and selling a few houses along the way so I've gotten used to it all. I can tell you stories. You just have to keep plugging away at it until you find the house you want at the price you want and you just have to be willing to walk away when the BS starts. I walked away from plenty this year until I found the one that worked out for me. Just keep at it and one will work out for you, too. But never trust anything a realtor or a seller tells you without verifying it. Buyers' agents are no better than sellers' agents. They are also whores to the commission. After I move in, I'll put my old house up for sale and I'm sure I'll have a new round of BS from buyer's agents and low-balling flippers.
  6. Hi there. I'm from California. About one week ago, I reported domestic violence to the police and they took away my girlfriend/roommate. Now she is billed out and will go to the court in late July. I want to "drop" the charge but I know now the prosecutor is the state/police, not me. I can't to be dropped. So I want to do whatever I can to maximize that probability. 1. Photo of the defendant holding a knife When the police arrived and asked about what happened, I mentioned that one year ago my girlfriend threatened me once with a knife that she would kill both of us if I didn't agree to something. The police asked for any proofs and I showed them a picture of her holding a knife. They then used my phone to send that photo to their email address. Is that photo a really strong evidence for a domestic violence charge? Is the face that "it happened 1 year ago" more likely to be interpreted as a long-term abuse or an insufficient evidence because it's been a long time and I was just threatened and not actually injured? 2. Should I tell the attorney about the photo? If I don't go to the court, the police won't have a personal certificate, and the photo may be their only proof besides my previous words. According to the police station, the defendant will be assigned an attorney when they go to the court. If it's possible, should I try to contact the attorney and tell him the existence of the photo to help him prepare a response? 3. Should I recant? Should I go to the court? I've read some articles on recanting statements. Some say that recanting or changing stories is not suggested because I may me considered as cheating to the police. But other articles say that the judge will take the victim's feedback into consideration. And this leads to the question about whether I should go to the court. For example, if the attorney says that the photo was taken too long ago and things have changed since then, do I need to be at the court and support that statement? Any help would be appreciated. Also thanks for any extra advices on what else I can do to help drop the charge.
  7. Hi Jack, Just trying to buy a house and running into situations where we make a full price offer and it gets turned down or in one situation the description of the seller's house it stated " Up to $20,000 cash back/ upgrade allowance. Seller will pay buyer at the close of escrow." But then the seller said that it was only available if the buyer paid $20,000 above the price that the house was listed at. I think it's just that real estate has become what used car dealers used to be. Joe
  8. According to ADA, an employer ONLY has a right to require a "medical" examination on an already hired employee IF they have suspicion of a specific health concern AND the exam specifically involves said concern. If my boss sees me bumping into things, and eyesight is a requirement of the job he can legally assume i am having eye issues. BUT he would have to document the issues prior, and the exam would have to be vision related. If my job were listening to recordings an eye exam would be illegal. If he offered no proof, any exam would be illegal. If the exam was running a mile, it would be illegal. ADA is VERY specific regarding the scope of exams allowed to be given to current employees. My trouble is that this test is (apparently) not considered a medical exam under ADA/EEOC Guidelines. My case would require me to establish that is was. I cannot find any caselaw to back me up so any legal action would be charting new territory.
  9. Yesterday
  10. Nope. Even if it is "medical" and it clearly is it would only be a violation of ADA if they were to rescind the job offer because of an ADA protected disability. And fro your description the employer isn't even going to have access to the results of the test.
  11. No, i refused to submit to the baseline because i was afraid of what my employer was trying to discover. According to my supervisor all employees are required to submit to examination - apparently the company has being using the exam as part of their conditional-offer for some time. The question of legality comes in as whether they are allowed to do it to current employees as well. The way i look at it, i will have to prove this test is medical to win - i dont think i have the finances to do that. My question here is whether or not there are alternative directions to take to re-secure my job without allowing these companies unfettered access to my physical person?
  12. So, have you filed a worker comp claim? When? For what injury or illness? Were other employees required to take this same test?
  13. Its more like and EKG, except its for muscle and soft tissue function than heart rhythms. The procedure is that the employee is taken to a secure part of the building, stripped to his/her underwear, 15-19 electrodes are placed all over their body, and then they are zapped during pre-designated set of excerises to determine their range of motion, hidden injuries, and inherent strength of the muscles themselves. The data is then locked up until you have a work-related injury, at which point you are forced to submit to another test, and they use the baseline to determine your actual injuries, extent of your pain, and when the injury ACTUALLY occurred. If the company determines the injury happened before the baseline test, or was a previous injury that just happened to be exacerbated by the work incident, then its an automatic denial of WC. I say "financial" because, though the benefits of the procedure are well known, companies use it almost exclusively to lower worker comp payouts. The system "objectively" tells the courts whether youre experiencing an actual injury, how old that injury is, and whether your treatments are improving your injury or not. The company claims its a "business necessity" because it lowers their expenses under WC .... which means more profit, which means "necessity." The 3rd party company that administers the test gets around ADA by not having medical personal, labs, and claiming their equipment (which can tell how old an injury is and how much pain its causing you) isnt used to collect any medical data other than physiology. Even though science says its a legitimate medical tool, to me there is too much grey area/no accountability to trust that either company wont use the information gathered against us given the chance. Its the reason employers are not allowed to demand DNA (yet) for simple issues - the shear amount of potential information regarding unknown health issues is too great to trust in the hands of a non-medical business. Despite what both companies claim, I think this is a medical exam... if it walks like a duck, quacks like a duck... ... ...
  14. One additional thought: You could, in theory, seek a conseratorship, which, if granted, would allow you to override your mother's decisions. However, your original post seems to imply that you're not in the same state as your mother. If that's true, then you'd be potentially looking at paying professionals to act in your stead (or moving yourself), which could be prohibitively expensive. If that's something you want to pursue, consult with a local attorney in your mother's area of residence who handles elder law matters.
  15. Joe, is there something happening to you now, or has happened in the past, that gives rise to your questions?
  16. pg1067, not the answer I really wanted to hear, but I am coming to get the picture.
  17. It does? Please cite a few of these laws so we can look them up. Also, I wonder why you used the word "other" in this sentence? Laws relating to the sale of real property are not "retail sales laws," and your attempt to analogize laws relating to the sale of real property to "retail sales laws" is more than a little off point. You're also overlooking that contracts for the sale of real property have numerous material terms other than the price. No, but there doesn't have to be. It is well established that advertisements are merely solicitations of offers.
  18. This thread is 4 1/2 years old. I suspect the issue has long since resolved itself.
  19. No doctor has any legal obligation to write a prescription for a patient.
  20. You can say whatever you like to whomever you like. However, having a power of attorney ("POA") doesn't necessarily mean you get to override her own decisions, and medical POAs typically don't become effective until and unless the principal is unable to make her own medical decisions. That said, you certainly can voice your concerns to your mother's doctor. Realistically, nothing.
  21. LOL, I imagine that one will sting when the bright line comes around.
  22. You are talking about Florida v. Bostick where as part of a drug interdiction effort, Broward County Sheriff's Department officers routinely board buses at scheduled stops and ask passengers for permission to search their luggage. Two officers boarded respondent Bostick's bus and, without articulable suspicion, questioned him and requested his consent to search his luggage for drugs, advising him of his right to refuse. [ Note: whether or not Bostick gave his consent is a matter in dispute.] In fact the dissenting opinion of the Court stated the facts of the case "exhibit all of the elements of coercion associated with a typical bus sweep." The officers wore jackets displaying the logo of the Broward County Sheriff's Department and brandished their badges. One of them carried a gun. They cornered Bostick at the back of the bus, blocking the aisle so that Bostick could not leave. While Justice O'Connor relies on the fact that the officers reminded Bostick he could refuse consent to the search, Justice Marshall points out that if Bostick had been unreasonably seized before they posed that question to Bostick, his consent was irrelevant. The principle of the 4th Amendment has not changed, so you need to look into what unreasonably seized represents as the U.S. Supreme Court held in Brown v. Texas. The US Supreme Court held "The application of the Texas statute to detain appellant and require him to identify himself violated the Fourth Amendment because the officers lacked any reasonable suspicion to believe that appellant was engaged or had engaged in criminal conduct. Detaining appellant to require him to identify himself constituted a seizure of his person subject to the requirement of the Fourth Amendment that the seizure be "reasonable." IMO anyone who doesn't have a problem with the State asking its citizens to voluntarily surrender their U.S. Constitutional Rights obviously wouldn't have a problem with the State asking it citizens to voluntarily surrender all of their U.S. Constitutional rights. No need to be your written consent, your word is sufficient.
  23. I've gone ahead and edited the subject line; please continue.
  24. What is an "electrodiagnostic baseline system" and why did the company decide such an exam was necessary? The only type of test that comes to mind is a lie detector test. How is the alleged examination a "financial based examination"? Is the company being paid for the employee's participation?
  25. Hey guys, im flailing here and looking for some guidance. I was recently terminated from a position i held for 5 years. No prior issues at all. The company currently running this aspect of the business suddenly decided to partake in an electrodiagnostic baseline system. I literally walked in one day and was told that i had to submit to the examination or be fired. I refused and was immediately put on administrative leave pending termination. Events transpired so quickly that im still partially in shock. Ive began the process of filing a claim with the EEOC when my research lead me to information about how the company was circumventing the ADA requirements for the definition of a "medical exam" and "fitness for duty" despite the EFA Exam being almost textbook definitions of both. This of course makes my situation worse. Im no fan of the new company that took over my position, but i REALLY like the work and would like to get back to it. There are not other similar options for me. But i just cant get over the morality of being forced to submit to, (what i consider) a gross violation of my privacy and personal being. Nor can i abide giving my medical information to a company that has no accountability or HIPAA oversight. I have a couple of days before my lawyer can fit me in to discuss, but does anyone have any suggestions about how to keep my job AND still refuse to submit to testing? Im thinking there has got be some legality in an employer forcing an employee to consent to a purely financial based examination? Thanks in advance!
  26. When I first got my hearing aids I was amazed at the sound of my feet on gravel, the sound of the wind, and peeing sounded like Niagara Falls.
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