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pg1067

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Everything posted by pg1067

  1. "the reason why it is in probate is because his daughter is contesting the will, and my uncle is stating he get 100%." That's not correct. It's in probate because, under CA law, every estate that includes real property must go through probate. It doesn't matter how long you've lived there or what he told you. The executor of the estate is free to seek to evict you -- even if you are a beneficiary under the will. Most basic wills require the executor to liquidate the estate. The executor can't do that with you living there. I STRONGLY suggest that you retain counsel immediately (particularly if his children are contesting the will).
  2. "Does this constitute a resignation on her part?" You tell us. The arbitration provision isn't binding until and unless the employee signs it. Of course, it may be that it's illegal (under the laws of your unidentified state) to fire an employee for refusing to sign off, so I hope you ran this by a lawyer before doing this. If it's not illegal, then you're free to condition further employment on her signing off. "I dont believe I should delete that part just for her, because that would affect the binding force with the others." No it wouldn't. You could have completely different agreements with each of your 30 employees.
  3. I agree with the prior response, but with a bit of clarification. ASCAP and BMI are performing rights societies that issue public performance licenses on behalf of persons who own musical composition copyrights. That's not what you're doing here. What you need are "synch licenses," and you potentially need two separate licenses for each song you want to use because a sound recording of a musical composition embodies two separate copyrights. The first copyright is the musical composition copyright, which is owned (at least initially) by the person(s) who wrote the song (for commercial music, the songwriter will often transfer the copyright to a music publisher). The second copyright is the sound recording copyright, and that is almost always owned by the record company that released the recording. A synch license from a record company can only be obtained directly from the record company (or a sister company that is set up for the express purpose of licensing the company's recordings). The Harry Fox Agency used to issue synch licenses on behalf of music publishers, but discontinued doing so, so you'd have to get those licenses directly from the publishers or writers also. Unless you're dealing with a relatively small number of songs, the legwork necessary to get these licenses is going to be more prohibitive than the cost (although that may be substantial also, and the copyright owners don't have to agree to give the licenses).
  4. pg1067

    Exempt employees

    "As an exempt employee in the state of California am I required to make up any time I take off for doctor's appointments?" This isn't a legal issue. It's completely up to your employer.
  5. Well...this doesn't appear to have anything to do with moving to vacate a default or default judgment. Does it actually say your grandfather is evicting you? Or does it say that his estate (or that so-and-so, as executor of his estate) is evicting you? Whom does the lawyer represent? Is it a 3-day notice to ___ (pay rent or cure some condition) or quit, or is it a 30/60-day notice to quit? Do you have a written lease where you're living? Or are you living there as a month-to-month tenant? What exactly is your living situation? Did your grandfather own an apartment and you were his tenant? Or were you just living with him? Or something else? If it's a situation where you're failing to pay rent, then pay your rent. On the other hand, if you were just living with him (or if you are paying rent and you only have a month-to-month tenancy), then whoever is the executor of your grandfather's estate has every right to evict you. Presumably, your grandfather's heirs want to sell the building and get their money.
  6. pg1067

    Eviction steps

    "When a tenant recieves an eviction notice because of unpaid rent, what are the steps the person should take?" First of all, we need to be clear what "eviction notice" means. Presumably, you're talking about a X-day notice to pay rent or quit (with the number of days varying from state to state). If that's the case, then the obvious step is to pay the rent. If that's not possible, then the person needs to vacate the premises and find a new place to live. "In this case, it has to deal with an older woman with health issues and who can not work, so she cannot move out in 10 days which is what the eviction notice from the Landlord says." Unfortunate as her situation may be, the landlord is not required to provide her with free housing. If she doesn't pay her rent within the time provided, the landlord can begin eviction proceedings. Eviction cases are typically handled on an expedited basis, but she should have at least another 3-4 weeks before a court enters an eviction order.
  7. pg1067

    child support

    All parents are responsible for supporting their children. If a particular person is unable to pay child support as ordered by the court, he/she needs to file for a modification of the support award.
  8. "Is there not a difference between reckless driving and speeding?" Sure there is. "If so would he be better off having it reduced to speeding?" Of course. 30-35 in a 25 COULD BE reckless. Your son can plead not guilty to the reckless driving charge and see if the judge will just hit him with speeding. It's not out of the realm of possibility that this is what the cop was hoping for when he wrote it up that way.
  9. What does an eviction notice have to do with vacating a default/default judgment? And why do you keep asking the same question over and over?
  10. pg1067

    Appeal

    What makes you think your order is "non-modifiable"? And are you talking about child support or spousal support (or both)? The deadline for filing a notice of appeal is found in Rule 8.104 of the California Rules of Court: http://www.courtinfo.ca.gov/rules/index.cfm?title=eight&linkid=rule8_104 You may also want to look at the Rutter Group's family law practice guide. "I don't know if it is a limited or unlimited civil matter" It's neither. It's a family law matter. "The order was filed May 21, 2008." Then you've got plenty of time.
  11. Federal law requires that a "nonexempt" employee must be paid time and a half for hours worked in excess of 8/day or 40/week. Beyond that, there is no legal requirement for "holiday pay," and an employer who has paid time and a half on holidays in the past can discontinue doing so at any time without notice. If you have an employment contract or are protected by a union collective bargaining agreement, then that answer may change.
  12. pg1067

    Bigamy

    "my husband married another woman in a different state while driving a truck." They got married while he was driving? That doesn't seem safe. "They drove together so I guess that counts as cohabitation." You guess? I'm not sure why cohabitation would be relevant, but I doubt that driving together constitutes cohabitation under any state's laws. "Can VA charge him w/bigamy" Of course. "what is the statute of limitations and when does it begin?" I'm not in VA, but bigamy is a continuing crime. Your "husband" needs to consult with a local attorney ASAP. He'd need to divorce the first wife and then marry (re-marry) you.
  13. "Why would the officer site my son for reckless driving and not for speeding?" Do you really expect folks on an Internet message board to know the motivations of some unknown cop? "I don't want this to raise our insurance." Well...that's something to talk with your son about. "What is the best way to fight this ticket?" That depends. What is your son's defense to the charge? I suppose, since this isn't based on the cop's personal observation, he can plead not guilty and hope the complaining witness doesn't show up.
  14. pg1067

    CHILD SUPPORT

    No. One can give up one's parental RIGHTS, but doing so does not divest one of one's parental RESPONSIBILIITIES.
  15. Look...he may be Charlie Manson for all I know, but the reality is that he has legal rights. As I said, go to court and ask to modify the visitation order.
  16. I'm not sure what this gets you, but ok...he can not be forced to pay this. As you tell the story, he certainly shouldn't be liable, but you're biased, and have no personal knowledge of anything. We obviously have no idea what she told the hospital or what evidence the hospital will attempt to introduce.
  17. Your post is pretty well unintelligible and makes no sense without any background or context. What is your situation and what are you trying to accomplish?
  18. In that case, no, you don't make enough for your wages to be garnishable.
  19. Your post has earmarks of you being a nut job, so I'll proceed with caution, but I apologize if I'm not correct in this regard. "electronically conveyed verbal harassment" What does that mean? "electronic torture" What does that mean? "attempts have been made to end my life untimely by Gun shots." Attempts by whom? "I have constantly reported this to the Police, FBI, and US Senate" Why would you report criminal activity to the Senate? The Senate's job is to make laws, not investigate alleged crimes. What did the police/FBI do in response to your reports? "My only crime in the distant past was the use of bad judgement involving ex-girlfriends" Using "bad judgement" isn't a crime. What did you really do? Neither of the constitutional amendments you referenced have any application whatsoever to the situation you have vaguely described. The Bill of Rights was enacted to restrict the powers granted to the federal government in the main body of the Constitution. The Fifth Amendment's prohibition against double jeopardy means (generally) that a person can't be tried twice for the same crime, and the Eighth Amendment's prohibition of cruel and unusual punishment refers to punishments imposed on convicted criminals. The Fifth Amendment's due process clause applies only to the government. I suggest you consult with a local attorney (or, if applicable, a mental health professional) for advice.
  20. Depends on the particulars of your unidentified state's procedural laws. Generally, an answer either admits or denies (specifically or generally) the allegations in the complaint and sets forth any applicable affirmative defenses.
  21. Depends on the state in which the employee is employed, whether the creditor has a judgment, and how much the employee's take home pay is.
  22. "Do I HAVE to allow him visitation for the mere fact that he pays child support?" These aren't just your kids; they're his kids too. He gets visitation because he's their FATHER, not because he pays child support, and visitation is not something that is up to you to "allow" or not allow. Have you discussed with him the possibility of modifying visitation because of the move? If not, why not? If he won't agree, you're free to file a petition or motion with the court that entered the custody/visitation/support order.
  23. pg1067

    open container

    How could anyone here know if you have a viable defense?
  24. pg1067

    Deported

    You have no standing to do anything. The only thing you can do is help him find and pay for a lawyer.
  25. pg1067

    Media Law-contracts

    What is the source of your information? Is this supposed law a federal law or a state law? If the latter, what state? What does the law supposedly say about "tampering with contracts"?
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