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Everything posted by doucar

  1. Depends upon what was said and what damages weer suffered. Anyone can file a lawsuit, but winning one, requires more than you posted.
  2. We are not mindreaders, so how would we know that you have contacted 17 workers comp attorneys? But I question the response of the 17 attorneys. Workers comp attorneys fees are set by statute, and if you had such a good case, that would be like guaranteeing them payment, so maybe they were just shining you on to get rid of you?Again we are not mindreaders, so there is no way I could know, just throwing out the possibility that your case may not be as good as you were led to believe.
  3. How long can a police officer make you wait until they produce a warrant to search your vehicle?? A reasonable amount of time. (sorry, but can't be more specific without knowing more). And can they make you wait outside of your vehicle until they produce a warrant to search your vehicle? Yes.
  4. Unless you are civil service or have a union contract, your employer is free to change your working conditions at any time, so long as the motivation for the change is not because of a protected class, eg. race, sex, religion, age, sexual orientation among several.
  5. So long as the SF officer cites you to the proper LA court and is willing to appear in court, possibly multiple times on a traffic ticket, he can ticket you. Very unlikely. However San Carlos and Redwood City are not only adjoining cities, but are in the same court jurisdiction, which makes it simpler for the officer to appear. As a former Menlo Park police officer, theoretically, I could have written the ticket, but my bosses would probably wanted to know why I was three cities north of where I was supposed to be, but if it had been say Atherton or East Palo Alto, no problem.
  6. No, it cannot be renewed now if the 10 years has passed. If the 10 years has passed, a new lawsuit would be barred by the statute of limitations
  7. These provisions apply only to federal courts and proceedings, not state court proceedings. and I am not sure whether they would be interpreted to cover your situation in state court, which could be easily corrected with the amended filing previously mentioned.
  8. 1) Yes, a Redwood City Police officer has jurisdiction throughout the state of California. 2) That identifying information on the car he was driving, it has nothing to do with whether he violated 21461(a), so would not matter. Traffic school is an alternative at this point.
  9. I expct that the police will complete their investigation and forward it to the DA who will decide if charges are to be brought.
  10. your son may "deserve" to know who his father is, but he has no ability legally to compel him to be in his life or even acknowledge that he is his father.
  11. Miranda rights after an arrest, unlike what you see on television, are only required when they want to question you, and they want to use your answers against you. The penalty for not giving you your miranda rights is the exclusion from evidence of any statement you made.
  12. He doesn't. I don't know about California, but most states that I am familiar with do not require the father's signature.
  13. That does not change anything. If the insurance company filed an interpleader, you will have to go to court to get it resolved, or the woman wins. As far as losing confidence in your attorney, make an appointment to see him/her and if you still lack confidence, you can change attorneys at any time, the sooner the better.
  14. You need to look at the specific statute you were charged with for its definitions, not the general definitions. The specific can modify the general.
  15. There is a difference between priority debts and non-dischargeable debts. Non dischargable debts include: unscheduled debts (any debts the debtor fails to list on the bankruptcy petition or include on the mailing list), unless the creditor had actual notice or knowledge of the bankruptcy filing. Also, many jurisdictions allow discharge of otherwise dischargeable debts not listed in the petition due to an innocent mistake when there are no assets to distribute. certain taxes (for details, see Tax Debts in Bankruptcy) debts for spousal or child support or alimony debts owed to a former spouse or child if they arose out of a divorce or separation debts to government agencies for fines and penalties student loans (with a few rare exceptions) debts for personal injury caused by the debtor’s operation of a motor vehicle while intoxicated debts owed to certain tax-advantaged retirement plans debts for certain condominium or cooperative housing fees (such as homeowners association fees) attorney fees in child custody and support cases, and court fines and penalties, including criminal restitution. There are other types of debts not deemed automatically excepted from discharge. For these debts, creditors must ask the court to determine if they are dischargeable or not. credit card purchases for luxury goods owed to a single creditor and aggregating to more than $675 (as of April 2016) and incurred within 90 days of filing for bankruptcy (the creditor must present the facts to the court, if you prove that you intended to pay the charges back or that the goods aren't "luxury" items then the debt will be discharged) cash advances aggregating to more than $950 (as of April 2016) obtained by a debtor within 70 days of filing for bankruptcy (again, if you can prove that you intended to pay this money back, then the debt will be discharged) debts obtained by fraud or false pretenses, and debts incurred as a result of willful and malicious injury to another or to the property of another.
  16. Depends upon the state. Most have statewide building codes which can be supplemented by local government. You can call the building inspectors office or fire marshalls office if you have a specific violation to enforce. They can't go ramdomly searching for violations, unless it is for an annual inspection. No, to be shut down it would have to be a serious violation that would make the property unsafe. otherwise they would be given a notice of violation and given an opportunity to remedy it.
  17. 1. The fire marshall, the building inspector, the superintendant of schools to name a few. 2. Violation of building codes fire safety codes and education laws. 3. Fire codes and building codes. 4. If there is it would be in the education laws.
  18. Texas expungement law[1] allows expungement of arrests which did not lead to a finding of guilt, and class C misdemeanors if the defendant received deferred adjudication, and completed a community supervision.[1] If the defendant was found guilty, pleaded guilty, or pleaded no contest to any offense other than a class "C" misdemeanor, it is not eligible for expungement; however, it may be eligible for non-disclosure if deferred adjudication was granted. An Order of NonDisclosure acts is an option for those that are not eligible for an expungement/expunction in Texas. An Order of Non-Disclosure does not completely eradicate your record like that of a criminal expungement, but seals it from public domain. Your record may be visible to certain government agencies but to the rest of the public, it will not be able to be viewed/found.[8] Typically, record sealing in Texas is available to those who have successfully completed all terms of deferred adjudication probation. For a misdemeanor in Texas, you can seal your record immediately after completing your deferred adjudication. For a felony, you must wait 5 years to seal your record. The following charges are never eligible for a non-disclosure: Aggravated and Regular Sexual Assault Indecency with a Child Prohibited Sexual Conduct Aggravated Kidnapping Burglary of Habitation with intent to commit the above-listed offenses Compelling Prostitution Sexual Performance of a Child Child Pornography charges Unlawful Restraint, Kidnapping, or Aggravated Kidnapping of a person younger than 17 years old Attempt, conspiracy, or solicitation to commit any of the above-listed offenses Capital Murder or Murder Injury to a Child, Elderly or Disabled person Abandoning or Endangering a Child Violation of a Protective Order Stalking Family Violence The Texas Young Lawyers Association and State Bar of Texas provide an informational packet about expungement as a service to the public.[
  19. You do realize that we are all volunteers, and it is after 11:30 on the east coast. I am not sure what assistance you are looking for. But if you want him to go away and not involve you own insurance company, you will need to pay him and get a release from him, as you have already noted.
  20. You notify the support division of your District Attorney's office, if they do spousal support collection they will open a file and forward the case to the state where he is located. If that state does spousal support enforcement, they will begin proceedings to garnish his wages. You may have noticed a theme. If they do spousal support collections, as the DA's offices receive a financial incentive to collect child support, but often not spousal support. The contempt will have to wait until he comes back to California, as his new state doesn't have jurisdiction over a California contempt order. Otherwise, you will have to hire an attorney in his state to domesticate your California support order and begin collections.
  21. (perhaps some sort of collection procedure unique to Virginia) It is, collection proceedings begin in General District Court with a warrant in debt.
  22. You could be liable for their court costs.
  23. you can get one and your court costs will automatically be added to any judgment you might get. But, whether you will prevail depends upon a number of factors not in your post.
  24. Two things I would do. 1. Contact the local police and sheriff with a copy of the order and see if they will help you pick up your daughter. If not, 2. File for contempt of court against the grandparent who is keeping the child in violation of the order. This will take some time, so try the police department first.
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