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Everything posted by pg1067

  1. "Dosent he still have to take a D & A test to prove he is the father befor he can fught for custody sence they were never married ?" It's "DNA," not "D & A." In any case, no. If the mother and putative father both sign declarations regarding paternity, that is sufficient, and no DNA test is required. See Family Code Section 7570, et seq. Certainly, if you have reason to believe that your daughter was having sex with more than one man around the time that this child was conceived, you're free to let the other men know what's happening such that they can have an opportunity to challenge paternity.
  2. pg1067

    Financial Hearing

    Whether the court can or cannot do something depends, first and foremost, on the applicable state law. And you didn't identify what state you're asking about. You also haven't explained the circumstances in a clear manner. Courts don't typically "summon" people for hearings. They typically just serve notice by mail to the parties or their attorneys of record.
  3. Beaufort said... A man died How long ago? Beaufort said... The wife, who predeceased her husband, died intestate. How long ago? Beaufort said... Does the child by the previous marriage (who is not the man's heir and was not named in his will) have a legal right to a portion of this property? This question raises several issues, one of which requires knowing how long ago the man and his wife died. We also need to know what, if anything, happened to the title between the time of the wife's death and the present. From the sound of it, it doesn't appear that anything happened. Was there any probate following the wife's death? Was any of her property distributed to anyone (other than her husband) following her death? It's possible that the wife's child who was not also the man's child had a right to a portion of the property but that such right no longer exists because of the passage of time. However, whether that right exists or ever existed depends on how the man and wife held title together (something which your follow up post states you don't know), and that is probably the single most critical fact here (I could do a long series of "if, then" scenarios, but I'd rather not spend the time). Beaufort said... If so, does this person have to make a claim to the property through legal means, or is the law clear about the portion of the property that is due him? I assume "this person" is the wife's child who is not also the man's child. Whether the law is "clear" doesn't necessarily negate the need "to make a claim to the property through legal means." You didn't say whether you're either of the children mentioned in your post. If you are, you need to speak with a local attorney for advice because we can't tell you anything more without knowing the things mentioned above.
  4. Of course he can try. If he acts contrary to the terms of the custody/visitation order or divorce decree, you can seek to enforce it according to its terms and the laws of your unidentified state.
  5. pg1067

    law suit

    I'm not sure how you expect anyone to answer these questions since you provided no relevant facts whatsoever other than the date of the accident.
  6. Since a crime victim cannot be forced to take a polygraph test (except that a minor could be forced to do so by his/her parents), one probably could make a colorable argument of a civil rights violation if a law enforcement officer forced such a thing.
  7. "For example, the state of California will only enforce an LoL clause if the clause is not aimed at an individual (they enforce it against businesses, because they believe businesses are in a better position to negotiate), and if it is a reasonable amount (such as $50,000 or what have you)." That's an absolutely incorrect statement regarding California law (I should know, it's an issue that I'm in the process of briefing for a motion for summary judgment). See, e.g., Philippine Airlines v. McDonnell Douglas Corp., 189 Cal. App. 3d 234, 241 (1987); CAZA Drilling (California), Inc. v. TEG Oil & Gas U.S.A., Inc., 142 Cal. App. 4th 453, 476 (2006); Mehmet v. Paypal, Inc., 2008 U.S. Dist. LEXIS 64018, at *8 (N.D. Cal. Aug. 12, 2008). "How does that work on a federal level? On what conditions would a federal court uphold, and on what conditions would they ignore as unconscionable, limitation of liability clauses?" Federal courts are courts of limited jurisdiction, and they can only hear cases to the extent permitted by Article III of the U.S. Constitution and federal statutes. See 28 U.S.C. section 1331, et seq. The two primary types of cases that federal courts can hear are those arising under federal law and those based on diversity of citizenship (i.e., where every plaintiff is a citizen of a different state than any defendant and the amount in controversy exceeds $75k). As a general matter, most issues of the sort you mentioned are going to arise in diversity cases, and, in such cases, a federal court must apply the law of the state in which it is located (unless some other state's laws are specified in the contract). Therefore, for example, a judge in the Central District of California will apply California law unless the contract provides for some other state's laws. The number of cases where this issue might arise in a federal question case are probably fairly limited. Off the top of my head, the only situation that occurs to me (which is not to say there aren't others) would be cases where some federal entity is a party to the contract. In such cases, federal common law would be used. While I would have to research what exactly that is, my educated guess is that the federal court would adopt whatever whatever it perceives to be the majority state rule.
  8. heyjc011 said... Should I write him a letter confirming this? If I were you, I would. heyjc011 said... Short of that working, what are my next steps in petitioning the court to force the sale of the home? That's going to depend on whether the house has been conveyed to you and your sisters or whether it is still part of the probate estate (along with many other factors). We can't walk you through the process on a message board (and I'm not in WV, and I don't think "harrylime" is either). If you can't work something out with your sisters fairly quickly, I would strongly urge you to consult with an attorney in WV to assist you with getting this done.
  9. payton18 said... Can they still take current payment and not just arrears? Your obligation to pay child support continues until one of the following occurs: (1) the obligation terminates pursuant to the terms of the court's child support order; (2) the obligation terminates by operation of law; or (3) the court enters a new order terminating the obligation. Based on a quick google search, it appears that child support can be terminated if the child is 18 and has graduated high school, but you need to read the court's child support order. It may be that you will need to petition the court to terminate the current obligation. Another thought occurs to me: Even if you no longer have a current support obligation, it is possible that the child support enforcement authority is taking more for the arrears since you no longer have the current support obligation. You're certainly free to discuss with someone at the support enforcement authority.
  10. pg1067

    Vehicle Searches

    "when can a be vehicle search by the police?" What's "a be vehicle"? "can the police search your vehicle in a minor traffic accident when no one is hurt or under the influence" Whether someone is or isn't "under the influence" of something is a conclusion that must necessarily be informed by a variety of factors. Whether the police can search a vehicle following a "minor" (whatever that means) traffic accident depends on all the relevant facts and circumstances. It certainly isn't prohibited solely because no one is hurt. For example, if a cop walks by one of the cars and sees a bong sitting on the passenger seat, he sure as hell can search legally. "and the vehicles have been moved from the original scene of the traffic accident?" I can't imagine why that would be relevant either, but this is a bit of a vague statement. Moved from where to where and by whom? And how much time has passed? And what does "original scene" mean? Are we talking about cars being moved to the side of the road? Or are we talking about a car towed to a repair shop and it's a day later?
  11. Sometimes there are local ordinances that set a maximum occupancy for particular types of dwellings. Additionally, a landlord may limit the number of persons who can occupy a rental unit. But no state has laws on the subject. It's not clear what your concern is, but you're free to contact the landlord, whatever local agency it is that enforces local occupancy limits (if any exist in your area), and/or the local child protective services agency.
  12. Dee6010 said... The point concerned whether or not someone with the onset of Alzheimer's disease has the capability of changing deeds and wills, and do so in an ethical, or legal manner. Well...here's what we know (according to you). Based on those facts, we have no possible way of knowing whether, in 2008, when your mother transferred her assets to her husband, she had the necessary mental capacity to do so. Just because someone is diagnosed with Alzheimer's disease doesn't mean that, for the entire three year period before the diagnosis, the person lacked the necessary mental capacity to transfer assets. At this point, there is nothing you can do (except as I noted previously, and except for taking whatever actions may be appropriate to preserve evidence. For example, you can speak with the doctors who were treating her in 2008, explain your concerns, and ask that they make sure to keep their notes or see if they'll tell you anything. If, after your mother dies (hopefully a long time before now), you want to contest her transfers to her husband, are free to do so. However, I will tell you that proving that someone lacked sufficient mental capacity can be very difficult to do.
  13. Maybe the problem is using the word "statute" rather than "statute." This site (http://www.cardreport.com/laws/judgement-sol.html) has been pretty reliable in the past, but I've never verified it for Maryland.
  14. pg1067


    Can it happen? Sure. However, your question is pointless because you gave us zero context.
  15. Please turn off the caps lock key. ballard71 said... SO WHO'S DRUGS ARE THEY . You expect us to know? Seriously? ballard71 said... IS IT THE PEOPLE WHO RENT THE APARTMENT. Wouldn't that be you and your girlfriend? Are you saying you don't know if these were your drugs?
  16. lotusac43 said... I answered and did not want to present some documents that have nothing to do with the case. I consider them private documents and the defendants do not need these documents. I don't know what you mean by "private documents," but I certainly hope you understand it's not up to you to decide what your adversary does and does not "need." I would also point out that discovery is not limited to only those matters that are relevant or admissible. lotusac43 said... I was told that a Motion for Privilege Log could protect my documents from being shown. My question is can this motion protect my documents? Who told you this? It doesn't even make sense. A privilege log is a log of documents withheld from production on the grounds of the attorney-client privilege or the work product rule (or, less frequently, other privileges), and which contains basic information regarding each such document that can be used to evaluate the privilege claim. Since you're the responding party, if anyone were to make a motion to compel you to produce a privilege log, it would be your adversary party. Given what you've said here, you could file a motion for a protective order. Without knowing more about the case and the documents in question, we can't know whether the documents are or are not discoverable. lotusac43 said... what if the court asks to see them do I have to show them? I don't know who "them" are. The court isn't going to "ask." If the judge decides it is necessary to review the documents in order to decide whether they can be protected from discovery, he/she will order you to produce them so that he/she can do so. lotusac43 said... how will I know the court will not show the defendants? Unless you have real evidence of some sort of collusion between the court and the defendants, this can't be treated as a serious question.
  17. If your by-laws don't expressly permit it, counting "non-votes" isn't permissible and you may want to speak with a local corporate attorney.
  18. vicwitch said... I fell due to tripping on landscaping timber that wasn't covered level with dirt. This doesn't explain the circumstances very well. How is it that you could not see this "landscaping timber" so as to avoid it? What is the relevance of the timber not being covered with dirt?
  19. I'm not sure what the point of your post is since you seem to know the answer to your question. You are free to pursue a protective/restraining order.
  20. pg1067

    due process

    "Fallen's" statement that due process only applies to criminal matters is completely inaccurate, but it is true that private employers do not need to provide employees with due process with respect to negative job action in the absence of a contract that requires it or a collective bargaining agreement with a union of which the employee is a member. As for the defamation question, no one has a "right" to defame anyone. If a person believes his/her current or former employer has defamed him/her, he/she can file a civil lawsuit.
  21. If the employee had an employment contract with the employer, then the employer's rights are spelled out in the contract. If the employee is a member of a labor union that has a collective bargaining agreement with the employer, then the employer's rights are spelled out in the CBA. In all other cases, the employer can demand that an employee explain his/her absences and, if the employee refuses to do so, the employer can fire the employee (or take lesser action). This may also apply if an employment contract is silent on the subject (in which case, the employer might seek to terminate the employee under a provision allowing termination for cause). However, that might lead to a dispute about whether the employee's refusal to explain sick days constitutes "cause" under the contract.
  22. gslingr998 said... My concern is with the liability that the third party (compensated package holding agent) would have when holding the package. Perhaps this is more of an insurance question... how would the third party protect itself if for some reason the recipients package was somehow lost/stolen or damaged? This is a little more clear. Are you saying that the sole purpose of your proposed business would be to accept packages for others (i.e., basically a private mailbox service)? If your concern is potential liability to your customers for damage to the packages that you accept on their behalf, then you can address that concern in at least two ways: (1) insurance; and (2) by way of a waiver in your contracts with your customers.
  23. Depends on what the POA is going to cover.
  24. "When do I file papers for the DNA test? Do we have to wait until the baby is born to file the papers?" Yes, you have to wait until after the child is born. Until the child is born, a determination of paternity is legally meaningless. "Can we go through a third party for the DNA test and then have the results sent to the courthouse?" I don't know the specific procedure in Minnesota. Presumably, you (i.e., the child) and the alleged father will be ordered to go to a testing facility to provide samples, and the testing facility will report the results to the parties and the court. Consult local counsel about this.
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