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Showing content with the highest reputation since 12/19/2018 in all areas

  1. 3 points
    pg1067

    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. 2 points
    That surprised me since civil forfeiture has been in existence in GA with regard to drugs for years. The legislature amended the code effective in 2015 to add a statute under the civil code (Title 9, Chapter 16). It got a lot of online coverage at the time. It may be in civil code but the forfeiture is tied directly to your criminal case....
  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
    adjusterjack

    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
    adjusterjack

    "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. 1 point
    PayrollHRGuy

    FedEx Express break policy

    Yes, they can mandate the break. The law in NY that requires breaks are minimums, not maximums. They would be within their right to require any break longer than the required breaks and more of them.
  10. 1 point
    adjusterjack

    HOA Setup Fees

    Obviously they CAN do it because they DID do it. If you feel that it was done wrongly ask for the money back. If they don't pay, sue.
  11. 1 point
    There are no circumstances whatsoever, short of marriage, where the alleged father of a child is going to be held financially responsible for pre-natal expenses, child care equipment, or any other financial expenses prior to the birth. None. In any US state. Get the idea right out of your head because it's not happening. He does not owe a single penny until after the child is born, paternity has been legally established and a court says he does. I'm not being cruel, I'm not judging you and I'm not unsympathetic to your situation. What I am doing is what my boss calls "managing expectations". No matter how unfair you may think it is (and I am not disagreeing that it's unfair), it is a fact of law that he has no responsibility for the child of a woman he is not married to until a court says he does, and a court is not going to say he does until after the child is born. There are no exceptions for bad circumstances. It is what it is and you shouldn't waste energy fighting for something you're simply not legally entitled to get. Morally? Maybe. Legally? Not happenin'. Keep safe and take care of your health. Everything else will sort itself out in the end.
  12. 1 point
    adjusterjack

    HOA Possessive Secretary

    I'm guessing that the board can remove her as secretary and then get the police involved if she doesn't return what belongs to the HOA.
  13. 1 point
    pg1067

    HOA Possessive Secretary

    The conduct you're describing likely justifies the dismissal of this secretary, so if I were your husband, I'd be souring the by-laws to find out how to make that happen. He also can and probably should consult with a local attorney.
  14. 1 point
    Burglary is historically entry to a dwelling with intent to commit a crime within the dwelling. What you have described could very well constitute burglary. So, yes, an additional charge of burglary could be filed.
  15. 1 point
    adjusterjack

    Can a homeowner evict a subtenant

    Let's back up the truck a little. You've been served a summons and complaint and you wrote that you have 5 days to answer. These are the forms you use. https://www.courts.ca.gov/documents/ud105.pdf https://www.courts.ca.gov/documents/mc025.pdf Google California how to answer unlawful detainer complaint and you'll find several helpful resources.
  16. 1 point
    adjusterjack

    6500 motions

    At an average fee of $300 per hour, PG1067, after 20 years you would have made $14,625,000 ($731,250 per year). Assuming you could live on $300,000+ per year, If you saved the rest with a modest return of 3% you'd have about $10,000,000 at the end of 20 years. You could retire to an island and sip pina coladas while native girls wait on you hand and foot. But I suspect we aren't talking about the quantity of motions here.
  17. 1 point
    Saying that they had the "agreement drawn up" slightly contradicts the statement that they "never finished it." I'll assume that the attorney started to draft the agreement but that it was never completed or signed. Therefore, it is a meaningless thing. Since you said your father didn't have a will, I'm not entirely sure what this means. Under Washington intestate succession law, when a person dies without a will and is survived by both a spouse and children, the spouse inherits all of the community property and half of the separate property, and the children divide the balance of the separate property. We have no way of knowing. I think that depends in large part on how much of his $190k estate was separate property, but it can't hurt. Your father's wife's share of his estate will go to whomever she designated in her will or, if she didn't have a will, to her heirs under the intestate law. I disagree. There's little or nothing complicated here. You just made this up, right?
  18. 1 point
    The "requirement" of which you speak is either contained in your CC&Rs or the HOA's by-laws, both of which no one here has read. Either that or the "requirement" is something that the HOA or the particular director you mentioned arbitrarily made up. P.S. There is no such thing as "the title" such that "a copy of the title" could be obtained and provided.
  19. 1 point
    RetiredinVA

    Lost the Civil Case

    “The Moving Finger writes; and, having writ, Moves on: nor all thy Piety nor Wit Shall lure it back to cancel half a Line, Nor all thy Tears wash out a Word of it.” Omar Khayyám
  20. 1 point
    Tax_Counsel

    Botched engine replacement

    It's not really clear what caused the problems you had after you got the car back. But if the shop did not put in the replacement engine as promised or did a shoddy job of it then it breached the contract you had and you may sue for that. In a breach of contract case, the damages you may claim are known as expectancy damages. This means you are entitled to get the amount of money it would take to put you back into the position you would have been had the contract been performed properly. In Colorado you may sue for up to $7,500 in small claims court.. The Colorado courts have a small claims page to help you get started. Note that the shop cannot avoid liability here by claiming it knew nothing about it and that it must have been a side job by that now ex-employee. If that guy was an employee at the time and represented he was acting on behalf of the shop when he made the deal for the work then the shop is likely liable under the concept of apparent authority. You would want to sue both the shop and that employee to cover all your bases.
  21. 1 point
    Available on Amazon as an instant kindle download for $1.99. https://www.amazon.com/You-Have-Right-Remain-Innocent-ebook/dp/B01DAD218W/ref=sr_1_1?crid=3C0HU22LNNHVU&keywords=you+have+the+right+to+remain+innocent&qid=1556124230&s=digital-text&sprefix=you+have+the+right%2Caps%2C196&sr=1-1-catcorr
  22. 1 point
    adjusterjack

    Diving Accident

    Good luck with that. Have you received your Darwin Award yet?
  23. 1 point
    Thanks guys. I couldn't get a hold of the Chicago Fire Dept. person in charge of this sort of information. (I got his voicemail and his inbox was full.) So I went to my town's fire dept. and talked to a super helpful and knowledgeable fireman. He said in the case of a 911 call, (and he said in the case of near-drownings lifeguards are mandated to call 9-1-1-) the fire dept./paramedics and police are notified simultaneously. But I think the solution to avoiding the police is the paramedics taking the near-drowning victim (a small boy in my story) to the hospital before the police arrive. I ran it by him and he nodded and said, "Load and go." He explained that "time-sensitive patients" don't wait for the police to arrive. So I think I'm good with my problem of keeping the police out of it. Many many thanks for all the help!
  24. 1 point
    This South Carolina attorney's article appears to explain the law fairly well.
  25. 1 point
    RetiredinVA

    Successor In Interest

    Unfortunately, your medical condition is irrelevant. As a non-owner you are in no position to contest any irregularity in the foreclosure. You are simply a tenant and probably a tenant at sufferance. That means you are only a tenant until the owner decides to terminate your tenancy, which will probably not be long. You need to focus on finding someplace else to live.
  26. 1 point
    See. You know more about the judge than anyone on this forum. Lawyers local to you will know even more.
  27. 1 point
    There is no way to predict the outcome without being familiar with the sentencing judge's practices and policies. Any of the options you mentioned are possible.
  28. 1 point
    I’ve removed the pictures since these are public boards. Please continue the thread!
  29. 1 point
    MiddlePart

    Pregnant Teen Marriage

    Before 2018, Florida law allowed judges to issue marriage licenses to people under the age of 18 if the female was pregnant or if the couple had already had a child. The wording of the old law seems to indicate that parent consent may not have been a strict requirement in those circumstances. But in 2018 the Florida legislature amended the statute as I described above, and the amendments completely eliminate the ability of anyone under age 17 to get married in Florida under any circumstance, and only allows 17 year olds to get married in Florida in limited circumstances. There is no longer a provision for judges to issue marriage licenses to people under 17.
  30. 1 point
    No. This is entirely between the landlord and the property manager. Until you vacate the premises, you have no entitlement to the security deposit. You can demand whatever you like.
  31. 1 point
    I disagree. First, what makes you think that only defamation by an employer in writing is actionable? Defamation can be oral, too (slander). Second, you misread the post. The OP does not want to sue the former employer. The former employer is out of business. He or she is instead concerned about an employee of the state is defaming him/her to potential employers, preventing him/her from getting employed. Thus, it is not an employment law attorney the OP needs but rather an attorney who handles defamation claims. As Jack points out the two sample statements given by the OP are statements of opinion and thus would not appear to be defamatory, but the OP ought to run all the facts by an attorney to see if he or she has something to pursue.
  32. 1 point
    It is. OP is unlikely to come back to see it. But it's a good message for others to see. Now you've learned what the rest of us landlords learn. Been there.
  33. 1 point
    pg1067

    Nanny quit now is taking me to court

    This is small claims territory. Involving a lawyer would be a terrible idea (and taking money out of your 401(k) for a lawyer would be an even worse idea -- especially when that same money could be used to pay what you owe). Until you've paid this person for time worked, you're susceptible of being sued. The sooner you pay what you owe, the sooner you can put this behind you.
  34. 1 point
    adjusterjack

    "applicable laws"

    Are you subdividing a 5 acre lot into two parcels of at least 2 acres? If you are, then the Architectural Committee should have to approve it because of the word "will" in that amendment. But, as before, you are taking one sentence out of context so you'll need to see if there are any conditions that effect that approval. Our feelings don't count. If the HOA Board doesn't approve, you'll have to hire a lawyer and litigate the matter. I'm guessing that you are subdividing because it's an opportunity to make a lot of money. When you are in a position to make a lot of money when others can't, they get jealous and try to stop you. That's when you have to hire a lawyer. Make sure your money making idea is budgeted for a lawyer if it becomes necessary.
  35. 1 point
    pg1067

    retaliation after reporting abribe attempt

    If you get a judgment in your country, you probably can get a U.S. court to recognize and enforce that suit. I say "probably" because it depends on what your country is and the laws of the U.S. state where you are seeking recognition. What's "fair" is in the eye of the beholder, and compensation that a U.S. court might award to an employee based in the U.S. would not necessarily be "fair" for a person based in some unknown foreign country. One thing you need to understand is that, just because your employer is U.S.-based doesn't mean you're entitled to everything that a U.S.-based employee would be entitled to. In fat, it's possible that your retaliation claim might not be actionable at all. You haven't identified your country and, even if you did, no one here is likely to know anything about that country's employment laws.
  36. 1 point
    How about she says "No, I'm not leaving unless you give me my deposit back along with any unearned rent."
  37. 1 point
    RetiredinVA

    "applicable laws"

    You got it right. However, the County Zoning Ordinance and Building Code Ordinance are also laws since they were authorized by a statute creating the County or City.
  38. 1 point
    MiddlePart

    Speeding ticket

    Show up on the court date. If the officer doesn't appear, the court will dismiss the case. I'm assuming that you were in fact driving faster than the speed limit when you got pulled over, because if you weren't and can prove it, then you'd have an argument on the merits of the charge. You could also try the usual challenges to the accuracy of the speed measurement device [search these on the internet or consult with a local attorney who handles traffic cases] but the police are usually well prepared to respond to those challenges in court. If the officer does show up [and, in most jurisdictions most of the time, the officer will show up] and assuming you really were exceeding the speed limit by approximately the amount that the officer claimed that you were -- then all you can do is tell your story to the judge and hope the judge is inclined to be lenient. Depending on how fast you were going (how far over the speed limit), and depending on your traffic ticket history (how many you've had before and how recently), and depending on how sympathetic the court is to your situation, the court might be willing to let you do traffic school, or probation before judgment, or some other kind of diversion that, if successfully completed, would either eliminate the ticket entirely or just reduce the resulting points and fines. Suggest discussing your situation with a local attorney who handles traffic cases who can give you guidance on the particulars of your matter and on what the particular judge/court is likely to do with your specific facts.
  39. 1 point
    pg1067

    No will and probate

    That's silly. What people told you this? You can always do something, but it's been nine years. About the only realistic thing you can do is consult with a local attorney about the house that (presumably) still stands in your mother's name. The problem is that, under Iowa's intestate law (i.e., the law that says who gets what when someone dies without a will), your stepfather did inherit or should have inherited a one-half interest in the house and the greater of one half of the rest of your mother's estate or $50,000. You and your siblings should have split the balance of the estate (if anything). Therefore, at this point, the best you can hope for is that you and your siblings will co-own the home with your stepfather. No reason to believe that. Currently? Of course not. When he dies, his property will be divided in accordance with the terms of his will or Iowa intestate law. After so much time, it will be presumed that all of the contents of the house belong to him and, as mentioned above, he inherited or should inherit a one-half interest in the house. In the abstract, virtually anything is possible. See above, but it's probably now too late to do anything about anything other than the house. Even if he did this, and even if you could prove it so far after the fact, the statute of limitations likely has expired after so much time. You're free to inquire with the bank about its existence and status. I believe there's some sort of searchable database that you probably can find by googling, but after so much time, its entirely possible that any unclaimed proceeds have escheated to the state. Almost certainly not. No. You will have to seek to probate her estate or otherwise seek to have title put into your and your siblings' and your stepfather's names. If that happens, then each of you will have the right to possess the premises. No way to know unless you want to provide some relevant facts. You're right, and nothing's going to happen now unless you consult with a lawyer in the area where the house is located.
  40. 1 point
    pg1067

    Alimony and Divorce

    1. This is a uniquely local question. To the best of my knowledge, no lawyers from Arkansas post here regularly. 2. Same answer, but you probably can google "arkansas alimony calculator" to get a rough idea. 3. Yes. 4. With a 30 year marriage, the possibility of permanent alimony is on the table. 5. Do you have reason to believe your lawyer provided you with incorrect information? 6. In the abstract, virtually anything is possible. However, if his dental coverage is through his employer, you likely won't be able to remain on the coverage after the divorce is final.
  41. 1 point
    doucar

    Mother Of 2 Arrested On 12/18/18.

    At this point, Nevada has no choice but to wait for California to issue its governor's warrant within 30 days or she waives extradition. All the issues you have raised must be raised in court in California.
  42. 1 point
    cbg

    Mother Of 2 Arrested On 12/18/18.

    What do you imagine that a message board can do? Reputable attorneys do not troll message boards looking for clients. You cannot find representation this way.
  43. 1 point
    She can ask for a public defender on any criminal charges.
  44. 1 point
    cbg

    Eating in Grocery Stores

    It's not as simple as yes or no. Thus the questions. You may believe you gave enough detail, but you were wrong. And some of the responses you got were from attorneys.
  45. 1 point
    cbg

    Eating in Grocery Stores

    And the problem with you is that you provided no context for your question, thus making it next to impossible for anyone to provide any kind of meaningful response.
  46. 1 point
    pg1067

    Eating in Grocery Stores

    What does that have to do with anything? If you want to debate the parenting style of this hypothetical person, this isn't an appropriate forum (notwithstanding that some folks here will engage in that sort of silliness). And, if this person isn't hypothetical, why are you framing things as such? In any event, the legal question has been answered, hasn't it?
  47. 1 point
    cbg

    Consent from Parent

    Many hotels will not rent a room to someone under 21, and many more, who might rent to an 18 year old alone, will not rent to an 18 who has a 16 year old with him. You might also research a little thing called the Mann Act. You might also want to consider that her mother does not need to defend her decision to you or anyone else. She can, quite legally, prohibit you from seeing or in any way contacting her daughter, and there is no law you can invoke and no action you can take that will force her to allow it. She is allowed to parent her daughter as she sees fit as long as the daughter is under 18. You, my friend, have no rights under the law whatsoever in this situation. Mom, however, does.
  48. 1 point
    Why "must" there be something like this? And what makes you think the presence of the motor home is "interfering" with the OP in any way. The original post certainly doesn't say anything like that. First, isn't that exactly what's happening here? Second, any law that prohibits parking a motor home in the street for longer than X days is a local law, not a state law.
  49. 1 point
    LegalwriterOne

    records

    You're going to have to be a little more specific with details. If you had a case where you placed on probation that was later dismissed, the dismissal would be by the court, not the DA so it would be in the court records. Whether or not you need to petition for an expungement depends upon what kind case it was and how it was handled. If you placed on diversion, the dismissal upon successful completion works to eliminate the conviction and there's nothing to expunge. If a cop stopped you on the mistaken belief you were still on probation, whether or not charges could result from whatever they found depends upon the specific facts.
  50. 1 point
    metoo

    parking and using my RV on my property

    We have the same problem. We use our trailer for summer camping. We would go home for 2-3 days where it was unattended. We keep the property neat, grass cut, not junk or garbage. Someone also turned us in. I checked with some of the surrounding counties and found that Winnegago county lets you leave them for 72 hours, Portage county for 6 months, and Marquette county no limit between April 16 to November 30. We tried the seasonal residence also with the board and they said no. I really believe they need to revisit their statutes regarding this. When we are up there we buy all our groceries, liquor, supplies, etc locally. We go the Hancock every year for the labor day celebration and enjoy donating to their firefighters funds. I understand they don't want run down trailers being left all around the county, but think a modified regulation that eases how long you can leave it up especially during the summer months could be helpful to all. If you already have a resolution I would love to know how it turned out. Thanks
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