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Showing content with the highest reputation since 04/20/2017 in all areas

  1. 3 points

    Diving Accident

    Sure it would have, but the question will be whether it was a reasonable option. I think pretty much anyone would agree that making an indoor pond at a bar 8-feet deep would be an extreme and unexpected thing to do. And, as I commented earlier in this thread, no reasonable person would behave so carelessly as to dive head-first into a two foot body of water. Moreover, and possibly most importantly, what if a person who didn't know how to swim accidentally was pushed into the 8-foot deep indoor pool and drowned? Making the darn thing 8-feet deep would be far more likely to result in injury or death. I'll bottom line it: if you get any recovery beyond the no-fault medical payment coverage that the bar owner's liability policy presumably had, it will be a stark illustration of everything that is wrong with the tort system in the U.S.
  2. 3 points
    Who did you call at your insurance company? I'll bet it was your agent (clueless). Any insurance person with half a brain should know that your deductible applies to damage to your property under Section I of your policy and does not apply to defending you against a lawsuit under your Section II Liability Coverage. Take out your policy papers and look for a toll free number for reporting claims. Call up and say "I am being sued. Please open a claim under my liability insurance." Then you'll be assigned a claim rep to whom you can forward the summons and complaint by fax or email. Once you get the claim rep's name and phone number, don't wait until he/she calls you. You call and keep following up. Claim reps handle hundreds of files and get 5 - 10 new ones every day. A lawsuit gets priority but he has to know about it to do something about it. Do this quickly as you typically don't have much time to file an answer.
  3. 2 points
    I read it that the landlord served the eviction summons 1 day after serving the non-pay termination notice, not 15 days after serving the non-pay termination notice. Eric, am I right about that? If so, you'll need to file an answer to the eviction complaint, moving for its dismissal as being premature. If you can't afford a lawyer I suggest you look for a local legal aid office or tenants' rights organization for help. Another way of getting the eviction dismissed is to pay the rent within the 14 days and bring proof of payment to the court if the LL doesn't voluntary dismiss the eviction.
  4. 2 points
    What does "automatically called" mean? Are you asking if there's some sort of nationwide surveillance system that "automatically" summons the police anytime someone "nearly drowns"? Whether a "near drowning" will result in anyone being called obviously depends on the facts and circumstances of the incident and whether anyone involved is inclined to call someone (police or otherwise).
  5. 2 points
    What he is booked for doesn't mean anything. It's the DA's office that files charges, not the cops.
  6. 2 points

    Same name usage in logo

    Those two entities have been at each other since 1984 according to the case decision that summarizes the history: https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2013cv07147/418541/44/ There are several other cases that involve the Polo Ralph Lauren Corporation. https://scholar.google.com/scholar?hl=en&as_sdt=806&q=polo+ralph+lauren+corp&oq=polo You don't put your foot in a bear trap to see if the bear trap works. You already know that the use of "polo" in a clothing brand generates lawsuits. Do you think that PRL Corp won't hesitate to flatten you the minute your product hits the market? Figure out another way of naming your brand rather than a risky infringement.
  7. 2 points

    "applicable laws"

    Just for giggles I took out the phrase about easements and other interests and what is left does suggest that a lot may be subdivided if that subdivision complies with whatever county or city laws apply to subdividing lots. Next question: Is there anything anywhere in the CC&Rs requiring HOA approval for any modifications of a property?
  8. 2 points
    I want to thank you again for convincing me to call our insurance company again. They are handling the issue and so far we are extremely pleased! One of the attorneys came out to the house to take tons of photos and discuss the case. They filed a spectacular answer with a dozen defenses and requested a jury trial if the judge won't dismiss.
  9. 2 points


    Depends upon what the CC&Rs say, and we haven't read them.
  10. 2 points
    No. The judgment you would get would mean the defendant owes you some money. Since the lamdlord would not be a party to the suit, the court could not rule on the obligation between you and the landlord. Also, since you are thhe tenant, you are the responsible party regardless of any agreement between you and a third party.
  11. 2 points

    Rumors About My Health

    Presumably there have been other instances at work as one situation a few months ago would be long forgotten if that were it. Asking everyone to overlook and ignore your symptoms is unreasonable. Better to have some sort of polite but brief script when something happens. Most will understand if you explain you are under the care of a doctor but are still fully capable of working and would appreciate it if they would respect your privacy as you work toward a diagnosis and treatment.
  12. 2 points
    Have you already filed bankruptcy? If not (and even if you have) you should consult an attorney who can review the complete situation. Bankruptcy exemptions are (for the most part) matters of state law. Only a Wisconsin attorney who is familiar with Wisconsin law and the practices and procedures in your local bankruptcy court should be relied upon for advice.
  13. 2 points

    motion to suspend visitation

    pg1067... why are you so mean when you respond to people’s questions?
  14. 2 points


    Good question. But I think the "huge ass" part of the phrase refers to the size of the bowl. Like in "That's a huge ass Cadillac you're driving."
  15. 2 points

    HAVE to show I.D.?

    No. Read this: https://en.wikipedia.org/wiki/Stop_and_identify_statutes But how would you know what the officer suspects or doesn't suspect? Answer: You don't. You could resemble somebody who just robbed a store around the corner. You could end up on the ground with your face rubbing the pavement while you are being handcuffed and then you get to argue the officer's behavior in court long after the damage has been done. If an officer stops you while you are innocently just walking down the street, don't be one of those "I got rights" people. He may have a reason for asking you for ID that you don't know about and I don't see any harm in providing it and then being sent on your way if all is well. If your question is based on something that actually happened to you then give us the details so our comments might be helpful instead of meaninglessly speculative.
  16. 2 points


    Let's keep on track with the subject at hand, everyone. You can disagree without dwelling at length on the extent of your disagreement with each other. I've removed the 'extraneous' posts.
  17. 2 points


    Are you working now? Are you living on your own? Did a court grant guardianship of your daughter to your parents or was this an informal agreement? Your parents have raised your daughter, and understandably they have a bond with her and they will almost certainly fight your efforts to get your daughter back. You will need to demonstrate that you are able to provide for your daughter by establishing that you have a stable work history and housing arrangements. If you are working, you will have to have a plan in place for her care while you are working. I'm not sure why you are even mentioning having another child when it appears you can hardly care for yourself, let alone two children. You do need to retain an attorney for assistance with this. Check with Legal Aid or your State Bar's Lawyer Referral program. They should have a program that would allow you to meet with an attorney one time for no fee or a very nominal fee.
  18. 2 points
    Don't believe everything you see on the Internet, but believe this: In every state in the US, in matters of custody, child support, and parental rights, the court's paramount consideration is the best interest of the child. In the eyes of the law, it's considered in the child's interest to have two parents. For this reason the courts require a compelling reason to terminate one's parental rights and obligations, and will do so only under highly unusual circumstances. The two circumstances that come ready to mind are first, that another person is willing to step forward and assume all parental rights and responsibilities in place of the biological parent in a valid adoption procedure, and second, the biological parent, by his or her actions constitute a credible threat to the child's health and/or safety. You don't say anything about why your child's biological father's rights were terminated previously, or even how you know that statement to be true, so I can't comment on that. I can only say that based on the information you provide in your post, the odds of the court's granting termination of his rights and responsibilities with respect to your child, absent an adoption, are slim to none. As for his refusal (or inability) to pay child support owed to you, there are legal tools available to you to enforce collection. A local family law attorney can explain how New York's laws apply to your particular circumstances and help you get started with the process. Good luck!
  19. 1 point

    Diving Accident

    Good luck with that. Have you received your Darwin Award yet?
  20. 1 point
    You're not writing for follow writers. You're writing for people who want a good story. If not calling the police makes sense in your story, the reader will buy it.
  21. 1 point
    Unless, of course, the will of the voters is unconstitutional and then he will fight for it.
  22. 1 point

    Alimony and Divorce

    I am only qualified to answer questions 5 and 6, and my experience is not in Arkansas. 5.) In the states for which I am most familiar, which are the New England and Mid-Atlantic states, this happens occasionally but it is the exception rather than the norm. New England and the Mid-Atlantic states tend, overall, to be more generous than Arkansas. If your lawyer says this is not an option, I see no reason to disbelieve him. 6.) If your husband's insurance is through his employer, it's about 97% certain that you will no longer be eligible for coverage after the divorce is final. Few employers will provide coverage to ex-spouses and for the few that do, there is a tax dis-incentive for the employee to do so. Even the most liberal states do not require coverage for ex-spouses; I live in what is arguably the most liberal state in the nation and my state allows it - it does not require it. If ex-spouses are not eligible dependents under your husband's employer's rules, a court cannot order them to cover you in violation of their plan documents, and in the unlikely chance that they are eligible, it will cost your husband more in taxes to cover you after the divorce than before. The tax dis-incentive is Federal, not state, so it doesn't matter if I'm from Arkansas or not. I'm sorry to be giving you bad news, but it's as well that you understand from the beginning that you're not likely to either get life insurance or keep dental insurance and that you not continue hoping for something that's got only a very slim chance of ever happening.
  23. 1 point

    Eating in Grocery Stores

    You guessed correctly.
  24. 1 point
    The answer to the literal question you asked is no. Once you sell the property and get the proceeds you realize the gain and reinvesting the proceeds into some other property will not allow you to defer the gain. However, there is a better way to approach this than deferral of the gain. The sale of that vacant lot (once you divide it from your principal residence) may still qualify to be included as part of the sale of your principal residence, allowing you to use the capital gain exclusion under Internal Revenue Code section 121 for both sales. Since it sounds like your total gain here would be less than the $250,000 limit for the gain exclusion, you may be able to cover the gain from both sales. To qualify, you must meet ALL of the following: Treas. Reg. § 1.121-1(b)(3)(i). While you have two separate sales, for the purposes of applying the gain exclusion rule under § 121 it is treated as though it was one sale — so the maximum gain you may exclude is $250,000 total for both sales. It sounds like your total gain here for both sales would be just $170k given the figures you provided, in which case you may be able to exclude the gain entirely, assuming you lived in that home for the entire 3.5 years you have owned it.
  25. 1 point
    There are two ways in CA to pursue the contempt of a court order. One is civil that requires personal service of the contempt citation. The other is criminal and no notice is required. The DA can just file charges and have a warrant issue. There is no way to know if either or any action is pending....As to the US passport, failure to pay child support, when reported to the feds, will operate to suspend or deny a passport to the offending parent. If the border agents are on their toes and check the poster out upon entry, they'll know that...
  26. 1 point


    Actually, that is what you wrote. Just with different but completely understandable words.
  27. 1 point

    Death of Spouse without a Will

    I think I interpreted "at which point" was when his father signed the POA. Reading it again I'm beginning to think otherwise. Either way, the son did bad and the stepmom has remedies available.
  28. 1 point
    My guess is no. You cannot discriminate against families with children and you cannot discriminate against people (including children) with a disability, so even the question could be illegal and put you in hot water. What you might do is get the name and phone number of the previous landlord and call for a reference and skate around actually asking that question. Rather ask general questions about any tenant problems and see if the LL volunteers anything. If the reference is OK, give it a shot. "On April 26, 2018, the Centers for Disease Control and Prevention (CDC) released new data on the prevalence of autism in the United States. This surveillance study identified 1 in 59 children (1 in 37 boys and 1 in 151 girls) as having autism spectrum disorder (ASD). See complete coverage below." https://www.autismspeaks.org/what-autism/prevalence And read this: https://iancommunity.org/ssc/autism-crime I think that the chances of an autistic child being violent are far less than a non-autistic child. Maybe you should worry more about the other three children.
  29. 1 point
    When you say "was married," that implies you're no longer married. However, when you say that you "have been separated," that implies that you're still married. Which is it? Unless you say otherwise, I'll assume you're still married. That's not a question. My only "advice" would be to file for divorce, and you'd be well advised to hire an attorney. The fact that you've apparently been separated for more than half of the length of the marriage could significantly complicate things. As far as the division of property goes, as noted above, the court will divide marital property in a manner that it determines to be equitable (i.e., fair) based on a number of factors, with 50/50 being presumed to be equitable in the absence of evidence to the contrary.
  30. 1 point

    beneficiaries with bank

    Interesting, but I have to say that the notion of a lawyer serving as executor being a business transaction with the client seems like an awful stretch (especially since I'm not sure who the "client" would be). As a point of reference, I don't practice in a state that uses the ABA model rules, but I did look at the comments to Rule 1.8, and the only reference to executors suggests this is a case-by-case situation and that conflict waivers are only required in unusual circumstances. In the case of a will contest, I agree that the drafting lawyer could have relevant testimony. However, since the executor typically advocates for the will to remain in place, I don't see a conflict here. The other things you mentioned are extremely uncommon, and the first of which would virtually require that the court remove the lawyer as executor. Sounds like you and I have vastly different experiences when it comes to drafting lawyers being willing to serve as executor. As I previously mentioned, in my experience and knowledge, it's quite common.
  31. 1 point

    Create a Trust?

    How so? Does she share your opinion that it is outdated? Your mother should consult with an estate planning attorney. Anonymous strangers on the internet are in no position to know what might be the "best" way for your mother to handle her estate. That said, she certainly could, if she wants, create a trust for the benefit of your children. Whether having you as trustee of the trust would be a good idea is something she should discuss with local counsel.
  32. 1 point

    transfer = sale?

    You said this was jointly-held stock, so don't you have access to find out what is and isn't still owned?
  33. 1 point


    depends on the nature of the violation, but yes they could go back to jail.
  34. 1 point

    Court Misconduct

    The attorney general of the state of california US attorney
  35. 1 point
    As phrased, this question doesn't make sense. A prenup is a document, and documents don't have "discretion." As "Tax_Counsel" previously explained, "if your pre-nup is valid in your state and the court applies it in the divorce then your spouse is entitled to no more than what the court orders," and "the pre-nup might help you preserve your TSP account in a divorce." The first of these quotes is a bit awkwardly worded, but the point is that a prenup may well impact what the court does in the event of a divorce, including how the TSP is treated. That's the whole point of doing a prenup.
  36. 1 point
    Hey dude,if the damage total is $5,000 as you claim,the small filling fee which you will get back in the judgement is well worth you pursuing this matter to the fullest,and as far as the warrant goes,if it exist at all,(I seriously doubt it exist,)they will want to present it to the judge to support their case,but have you tried to call the clerk office in this county to see if they have it? Another thing you should really consider.In pursuing legal action against this county,you may help prevent this from happening to someone else.
  37. 1 point

    concerned friend

    After you're picked up on the warrant, the arresting state notifies the state that issued the warrant. That state then must send what's called a governor's warrant indicating that they wish to have the defendant extradited and they intend to come get him. If there hasn't been a hearing before the 24th, then that hearing is likely to determine if the defendant waives extradition. If he doesn't, then there will be another hearing if the governor's warrant hasn't been received yet. When they get that warrant there will be a hearing to determine if the defendant is the person named in the warrant. If they don't get a governor's warrant or get notice that the other state doesn't wish to extradite, they will ultimately release the defendant BUT that doesn't take care of the warrant OR the underlying charges. He can still get picked up on the warrant every time he's contacted by police and repeat the process ad infinitem. The ONLY way to clear the warrant is to surrender to the issuing court. There is no statute of limitations on a warrant.
  38. 1 point


    This thread is getting out of hand so I'm locking it. Please remember to keep it civil on these boards, everyone. This space is as pleasant as we make it - together.
  39. 1 point

    Help! Please!

    So you handed someone $4500 and got absolutely nothing in writing? You have been operating a vehicle which is not titled nor registered to you? How are you insuring said vehicle? Why would you pay another $2K to this person without anything in writing?
  40. 1 point

    divorce settlement

    Yeah, based on those few short sentences, you either hire another lawyer who is enough of a shark to know how to fight fire with fire or you learn how to fight fire with fire on your own or you get steamrolled (that last is the nicer version of the phrase that I first wrote ).
  41. 1 point
    My husband and I have been together for 6 years, and he has recently started to threaten me with eviction, after a recent argument. We have a home that we purchased, it's in his name, however we remodeled it and have lived here together for 5 years. We've both contributed to the remodel of the home. I am concerned that since we are not legally married, his "5 days to vacate" letter may stand up, which is hardly enough time to separate 6 years of a life together. We are not legally married but have filled taxes as married for the last 4 years or so, can he evict me so easily? Will we need a divorce?
  42. 1 point

    W2 Discrepancy

    What the heck kind of accountant do you have that doesn't know that the IRS has a procedure that covers this and you can ultimately file your taxes based on YOUR records and, should the need arise, provide evidence from your records to support your tax return? See the following IRS page: https://www.irs.gov/help-resources/tools-faqs/faqs-for-individuals/frequently-asked-tax-questions-answers/irs-procedures/w-2-additional-incorrect-lost-non-receipt-omitted/w-2-additional-incorrect-lost-non-receipt-omitted-2 I suggest you fire your accountant and get one who knows what he's doing. Meantime, if you don't want to use the IRS procedure because you are afraid of losing your job, then I don't know what to tell you.
  43. 1 point
    In the language of federal income tax, the word “basis” generally refers to the amount that the taxpayer invested in the property. When you buy property, your starting basis is the price you pay for the property. That basis is then adjusted for certain things you do with the property after you buy it. For example, if you put an addition on the home after you buy it, the cost of the addition is added to your basis. If you rent it out, then the basis is reduced each year by the amount of depreciation you take or could have taken. When you sell the property, your gain for income tax purposes is figured by the following formula: Total sales price - certain costs of the sale (e.g. broker's commissions, etc) - adjusted basis. That is why the adjusted basis matters so much. The higher the adjusted basis, the lower your gain on the sale of the home. When you get a property by gift during the lifetime of the person getting the gift, your starting basis in the property is the adjusted basis that the person giving the gift had in the property. But if you get the property by inheritance after the owner dies, the basis becomes the fair market value (FMV) of the property on the day the owner died. Thus, in the case of property acquired by inheritance the prior owner’s adjusted basis does not matter and instead what you want to do get an appraisal of what the property was worth on the day the owner died. These rules are spelled out in a lot more detail in IRS publication 544 (covering sales of property) and IRS publication 551 (which covers basis). If the home will be your personal residence at the time you sell it, then IRS Publication 523 covers that, including the special rule that allows you to exclude up to $500,000 of gain on the sale when certain conditions are met. If the home will be a rental property at any time during the period in which you own it, you will want to see IRS publication 527, which will tell you how to account for the rental income, how to compute depreciation, etc. For gift tax, what matters is how much he has given away in taxable gifts so far in his lifetime. If he has not yet given away $5.49 million in gifts yet then the taxable gifts he makes now will simply reduce his lifetime credit of $5.49 million. Taxable gifts are the total of all gifts given to any one person during the year that exceed the gift tax exclusion for that year. For 2017 the exclusion amount is $14,000. So, for example, suppose that Amy gives to Becky gifts during 2017 that in total add up to $64,000 in value. Amy’s taxable gifts to Becky for that year are $64,000 - $14,000 gift tax exclusion = $50,000 taxable gift. Amy would need to file a Form 709 to report the taxable gifts and the gifts would reduce her lifetime unified credit by $50,000 if she has not yet used it all up. The problem that arises here is that if Amy has a lot of assets then the gift also impacts her potential estate tax because that unified credit applies to the estate tax, too. The larger your unified credit when you die the more assets your estate can pass to beneficiaries without paying estate tax. If none of the unified credit was used, then a person dying in 2017 can pass up to $5.49 million in assets without any federal estate tax to pay. But with each taxable gift made, that unified credit goes down, leaving less that the decedent’s estate can pass tax free. So if your dad is single and has assets that are close to or exceed $5.49 million then making taxable gifts and reducing the unified credit is something he’d want to plan for. There are gift giving strategies that can be used to help reduce the impact of the gift on the unified credit and thus preserve as much of it as possible to use for estate tax after he dies. No. Gift tax is paid by the person making the gift, and gifts you receive are not income to you for income tax. There might be a small transfer tax that the state or local government imposes on the transfer of the land that either you or your father might have to pay, though. That refers to property tax. Like I said before, the gift might result in increases to the property tax on the land and you'll want to discuss that with a tax attorney who is familiar with local property tax matters.
  44. 1 point
    Who was found guilty? You? Someone you know? Some random person? Who are "they"? What does "put all responsibility on the defendant" mean? Apparently, the jury disagreed with your assessment. As far as "monitoring" goes, the defendant is a convicted murderer. Since Illinois no longer has the death penalty, he presumably will be sentenced to life in prison, so yes, he can expect to be "monitored" to a significant degree for the rest of his life. As far as "investigation" goes, anyone can "investigate" anything at any time. Determining whether any particular investigative technique is legal obviously depends on the specific facts.
  45. 1 point

    Living Trust

    Although I have prepared revocable trusts for folks who would benefit from them, I generally tried to talk people out of them. A trust is useful if there are minor children or special needs children. An estate planning trust to maximize the marital deduction when the estate is over $5.5 million is also beneficial. But in 99% of the cases, at least in Virginia where I practiced, the cost and complications of creating, maintaining and terminating the trust far exceeded the cost of probating and administering an estate.
  46. 1 point

    drug tests

    Are you on parole or probation. If yes, then it's legal. If you thought it was a false positive then you should have immediately got yourself tested elsewhere (and paid for it). Too late now. I suggest you consult a criminal defense attorney.
  47. 1 point

    i guess i am lost on licensing

    You have no idea how often this silliness comes up on legal websites so please don't take our responses personally.
  48. 1 point

    CalPERS Retirement

    Hello, I am also fighting for DR, and have been granted SSDI. I've noticed that much, if not all of the governing statutes, favor those with deep pockets, and requests for copies of medical records are summarily denied via CA CIV CODE 1798.40(f) stating such disclosure would be "detrimental." What constitutes detrimental, and why? Furthermore, I've made several requests to have my documentation be considered "direct" rather than "hearsay" evidence, which have been ignored. I believe there is an exception to the hearsay evidence rule, which I plan to invoke. Further, it is a good idea to peruse the calpers website to research it's precedential cases. Finally, has anyone considered that maybe it's time for a class action lawsuit against calpers?
  49. 1 point

    Property Law

    Might be a case for easement by necessity. Consult a real estate attorney.
  50. 1 point

    social security disability

    Please don't post in all caps. As posed, I'm not sure what you expect folks to say to your question. As another poster says, in the abstract, you "can" do just about anything. What you ought to do/how you ought to handle it isn't something a stranger could even begin to formulate meaningful feedback for without any relevant info. If the SSA is declaring retroactively that you weren't disabled as of X date, then you naturally need to establish they are wrong. If you know they overpaid you but hope to convince them that they aren't entitled to repayment, I'd seek local counsel about what mechanisms might be available.
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