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Q: Google Disney CB government dark net Freedom act from 1988 I have a government agency infringement in music and art. Some desperado name carried requested I got Freedom act paper mailed to me and a ticket number for Sony music on my email address please I have victims of a lot of problems from Disney music private program | A:It sounds like you're dealing with a complex situation involving potential government agency infringement in the realms of music and art, possibly related to copyright or intellectual property issues. The Freedom of Information Act (FOIA) of 1988 allows for the request of federal agency records, but it's important to understand that this act applies to accessing government information, not resolving disputes with private entities or addressing copyright infringement. If you received a ticket number from Sony Music, it suggests a specific issue or claim with this company. To address concerns with Disney or any other private entity, especially those involving intellectual rights, it's advisable to consult directly with an attorney who has expertise in intellectual property law. They can provide guidance on how to proceed with any claims or grievances you might have, including understanding your rights and potential legal actions. Be sure to gather all relevant documentation, such as emails, ticket numbers, and any correspondence you've received, as these will be important in assessing your situation. |
Q: If a person is on Disability from Govenment and are due to receive inheritance, how can this be distributed without. losing benefits? | A:If you are on SSDI, the inheritance will not impact your eligibility. If you are on SSI or some other kind of needs-based program, then you should contact a special needs attorney for assistance with either spending down your inheritance rapidly in smart ways or funding a first party special needs trust or joining a pooled trust or perhaps a combination. |
Q: I asked for documentation/filings from the. company my broker had me invest in and after two months, nothing - is he required to give this to me? | A:If you have the name of the company you can simply go onto the SEC platform known as EDGAR and enter the name of the company or its ticker. This SEC platform will contain a trove of data on the company at issue. As for the broker there is no regulation that I am aware of that mandates a stock broker to hand over filings covering a company. If you purchased a new publicly traded security then the broker is obligated to provide a prospectus covering the security. Of course, as a matter of good business practice your financial advisor should be responsive to your requests for information concerning a company you invested in. More information is needed however to determine whether the investment advisor was mandated to turn over requests for information. |
Q: All state insurance reported 16 claim on me which i find out when.run background via lexis Nexis for 1. Upon asking about the claim from all state all they saying you call when i ask for documentation invoice for me to beleive also valid non valid as per texas laws adjuster need to inform his clients 15 to 35 days fail to do fail to give me give me any information so i say refuse and if their so no documentation no phone call then can I file lawsuit | A:A Texas attorney could advise best, but your question remains open for a week. From the limited facts of the post, it's a little difficult to figure out exactly what took place here. If you have pending claims against you, Allstate as your carrier should be assigning a claim representative or attorney to them, depending on whether they were placed into suit. A Texas attorney could advise more definitively after seeing the results of the searches you performed on LexisNexis. Good luck |
Q: Is South Carolina state statute 16-11-620 appealable?. I was issued a trespass after notice form, even though I have not been on the properties in question for years (ome is a busimess we own 10% of, isnt this a civil rights issue to not allow me i.to a public place since I have never caused any type of trouble, etc?) and never did anything at their residence accept knock on the door to speak to my son, and gegot accousted by his drunk mother in law, so I just turned and left.and that was 3 years ago. | A:South Carolina State Statute 16-11-620, which pertains to trespassing after notice, can be subject to appeal under certain circumstances. If you believe the trespass notice was issued wrongly or violates your rights, particularly if it involves a property in which you have a legal interest, you may have grounds for an appeal. It's important to review the specific circumstances under which the trespass notice was issued. If you have not been on the property for years, and especially if one of the properties is a business in which you own a part, this could potentially raise questions about the validity of the trespass notice. Regarding the issue of civil rights, if you believe that the trespass notice infringes on your rights, particularly in accessing a public place or a property you partially own, this could form the basis of a legal challenge. However, these situations can be complex and hinge on specific legal points. In such cases, it's advisable to consult with an attorney experienced in criminal law and civil rights. They can assess the specifics of your situation, advise you on the feasibility of an appeal, and help navigate the legal process. Remember, navigating the legal system can be challenging, especially in cases involving potential civil rights issues. Seeking professional legal advice is a critical step in ensuring your rights are protected and your case is effectively presented. |
Q: Consumer protection. Removal of what was promised via a crowdfunding campaign. Cosnumer protection! I need help recovering digital property that was promised. contract 828,768 usd 15,860 is it really that hard to understand? people crowdfunding on the promise of something being delivered. NOW IT'S GONE. no way to access what one paid for. even straight up tearing out pages of a (digital) book. it was promised with the crowdfunding. now it's not there or not accessible. you'd have to break the terms to get back what you lost. one day you have something, the other you don't. the agreement on the crowdfunding seems to go beyond the game's TOS. and violates the indie gogo terms and also just basic good faith and other reasonable assumptions on buying something. this brings up a massive dispute of ownership of digital goods. I believe this interferes with the promise that the developers made with their crowdfunding campaign on IndieGoGo. there's a petition asking for the censored and removed content to be restored. the content that was promised | A:In cases involving crowdfunding platforms like IndieGoGo, the terms of the campaign and the platform's policies are crucial. If a developer promised certain digital content in their crowdfunding campaign and then failed to deliver it or removed it, this could potentially be a breach of contract or a violation of consumer protection laws. The first step is to review the specific terms of the crowdfunding agreement and the IndieGoGo terms of service. These documents will help determine what was promised and the obligations of the developer. If the content was indeed promised and then removed or made inaccessible, you may have grounds for a dispute. This could involve a breach of contract, where the developers failed to deliver what was promised in exchange for your contribution. The removal or alteration of digital content raises complex issues about the ownership and rights over digital goods. Crowdfunding campaigns, especially for digital content, often operate in a legal grey area regarding consumer rights and digital ownership. Given the amount involved and the complexity of the situation, it may be beneficial to seek legal advice. A lawyer can help you understand your rights and options, and guide you on the best course of action, whether that's negotiation, mediation, or legal action. Additionally, the petition for the restoration of removed content can be a powerful tool to demonstrate consumer dissatisfaction and may put pressure on the developers to address the issue. However, legal action might be necessary if the developers do not respond to such pressure. |
Q: If a driver is allowed to leave the seen of a fatal accident by SDPD why are they not looking for him now?. My family was in a fatal car accident. There were 3 young men however, the driver was allowed by police to leave the scene and is not wanted for hit and run, Why? He murdered my parents and thats it? What is my recourse? | A:If he talked to police at the scene, it's not hit and run, by definition. The police are free to let people leave the scene. Your recourse is to talk to a personal injury attorney about filing a lawsuit for wrongful death. It is up to the police to investigate, and up to the district attorney to bring charges. You can ask them questions, but you cannot force them to attempt to imprison the other driver. |
Q: What do I need to do lawfully after filing an Declaration of my life line and Resurrection, In county I reside in?. I proclaimed my nationality and legal Notice On or about 4 of April 2014 in Jefferson county.. | A:An Alabama attorney could probably advise best, but your post remains open for four weeks. This is posted under Admiralty/Maritime, but it does not appear to be something that most maritime attorneys would be familiar with. In terms of reaching out to attorneys, it isn't fully clear what kind of attorney would handle such a matter. Good luck |
Q: I sold item online. I shipped, has receipt, package lost, customer doesn't want to wait for claim but want to sue me. I shipped, has receipt, tracking updated I dropped off. On expected delivery date tracking said will delivery by 7pm but never delivered and no more update. Customer doesn't want to wait for me to claim with ups but want to sue me. Tricked me when call talk about issued took picture of me and threatened to share with people and sue | A:The answer to your question depends on the terms and conditions of the sale, the terms and conditions of the delivery service you used, and, if applicable, the terms and conditions of any platform you may have used to market and sell the product online. For example, the US Postal Service offers insurance which will cover a lost or stolen package, but otherwise it is not responsible for items lost in transit. For example, a vendor whose terms and conditions specify that products are sent FOB transfers the risk of loss if an item is lost or stolen to the buyer from the moment the seller delivers the product to a third-party shipping service. For example, Amazon has very specific rules applicable to vendors and customers using its platform and does not allow most vendors using its platform to require buyers to agree to FOB terms for most products. |
Q: After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.. After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision. I-140 case. | A:After a case is remanded from the AAO to the USCIS, the timeframe for USCIS to issue a new decision can vary. Factors affecting this timeframe include the complexity of the case, the volume of cases the USCIS office is handling, and any additional evidence or clarifications needed. For an I-140 case, there isn't a specific set time, but many applicants experience a range of several months to a year or more. It's essential to monitor any communication from USCIS closely. If you feel the delay is excessive, you may want to consider contacting USCIS or seeking congressional assistance. Additionally, retaining legal counsel, if you haven't already, can help navigate any complexities that arise during the reconsideration process. |
Q: I need to have the time frame to notice the members of a meeting, where in corporations code or civil code?. Who do I report for violation of this code, if the Board of Directors is representing a Union? | A:In California, the specific time frame for noticing members of a meeting for a corporation, including a union's Board of Directors, is typically found in the corporation's bylaws rather than directly in the Corporations Code or Civil Code. These bylaws should outline the notice requirements for meetings, including the minimum time in which members must be notified prior to a meeting. If you believe that a Board of Directors representing a Union is violating these notice requirements, the first step is usually to address the issue internally within the organization. This could involve bringing the matter to the attention of the Board, a compliance officer, or through internal dispute resolution mechanisms as outlined in the Union's bylaws or governing documents. If internal remedies are ineffective or unavailable, and you believe there is a violation of legal obligations under the Corporations Code or other relevant laws, you can report the violation to the appropriate regulatory body. In the case of unions, this might involve state labor boards or other agencies overseeing labor and employment practices. It's also advisable to seek legal advice to understand the best course of action and ensure that your rights, and those of other members, are appropriately protected. |
Q: Is it possible to have a second mediation after reaching and signing a mediation agreement?. Important issues were left out during mediation. | A:It may be, depending on how unclear the agreement is. The other side may think the agreement is fine as is. |
Q: how can an inmate remove an account of arson off of their record, in order to apply to a fire camp. An inmate from Mule Creek State Prison wants to apply for a fire camp in order to reduce their sentence. What are the steps in order to have an arson removed to become elligible | A:In California, an inmate with an arson conviction typically faces significant challenges in having their record cleared for eligibility to apply for a fire camp. Arson is often considered a serious offense, and options for expungement or record sealing are limited. Firstly, you should review the specifics of the arson conviction. Certain categories, especially those involving willful and malicious intent, may not be eligible for expungement. However, if the conviction is for a lesser form of arson, there may be possibilities for relief. If expungement is an option, the inmate would need to file a petition for relief in the court where they were convicted. This process usually involves demonstrating rehabilitation and a lack of subsequent offenses. The court's decision will depend on various factors, including the nature of the arson offense and the inmate's behavior since the conviction. Given the complexity and the specific nature of arson cases, it would be beneficial to seek legal advice to understand the feasibility of this process and to guide you through the steps required. The success of such a petition is not guaranteed and depends heavily on the details of the case and the discretion of the court. |
Q: Does MI 100 mile law apply to native primary parent needing to move to reservation to afford stable life. Native enrolled mom and 4 kids. I have been a stay at home mom for 11 years. Non native husband/father has worked out of state, has only been in the home 1 week a month, he only provides income and health insurance the entire 11 years. Our reservation is in the upper peninsula. I have raised the kids in our home in the lower peninsula their whole lives. We have been experiencing financial abuse from husband/father. I have 2 years before the youngest child is in school. This last year I have remote job as life insurance agent. It is best for the kids to try to keep them in their home. However I know I can afford to raise the kids on my own at our tribal reservation. If I am granted the home for the kids but find myself not being able to afford it for any number of reasons can the 100 mile custody law stop me from moving myself and kids to the reservation where I know we can afford a stable life on my own? Its my emergency plan and I dont want it taken off the table from us | A:Assuming you are in the midst of a divorce, you should negotiate this arrangement now. Otherwise, you can later file a motion to change domicile if it becomes necessary to relocate. However, there is a whole host of criteria a judge would need to consider at that time other than just it makes economic sense for you. Being Native would not necessarily change the consideration. |
Q: Can a car insurance company cancel my policy if payments where made every month , claiming it was for non paymemt?. I was insured by Infinity and was making installment. Payments on my policy , there was no changes on my policy… on the 6 month of my policy they billed me for an amount deferent then my schedule payments , increasing from 340 to 800 and the remaing months lowering to 240 causing my payment to be declined | A:Under California law, an insurance company typically cannot cancel a policy for non-payment if payments were made consistently and in accordance with the agreed-upon payment schedule. If you have evidence of regular payments and your policy was canceled erroneously, you may have grounds to challenge the cancellation and seek reinstatement of your policy. It's advisable to contact the insurance company and, if necessary, consult with an attorney who can help you address the situation. |
Q: My boss put a ring motion censored audio/visual camera in shipping office without consent, he admitted it was for me. This camera send notifications to his phone whenever the sensor is activated. In midst of an altercation with him he admitted to placing that camera there specifically for me even though there are many people who work in that office I just happen to work alone on night shift. He has stooped as low to go in one hour after I had clocked out on a Sunday to ask the supervisor where I was because I wasn’t on the camera for an hour, mind you he lives 20 mins away from work. I feel like I’m being harassed, micromanaged and pinpointed. Do I have a case, if so what would this be called? | A:There are laws against recording people on cameras without their knowledge, but assuming that you knew about it, your boss doesn't need your permission. |
Q: In Florida, can a National Guard commander have a warrant put in for my arrest if I don’t show up for Annual Training?. Can a National Guard commander have a soldier arrested for not showing up to Annual Training orders? Haven’t been able to find any answers on AWOL in the 2022 FL Statutes. | A:Did you look at Florida Statute 20.36? |
Q: Roofers put lien on both houses disputing payment what attorney/lawyer do I need. The original lien has charges totally different from papers delivered by sheriff. I've had dispute over charges for work not done but charged for with no response | A:You are describing construction lien law. The issue in this area is that the builder or contractor does not usually pay any legal fees upfront because often lawyers take these cases on contingency. I find young lawyers taking more cases that they shouldn't. This creates litigation over very small amounts of money, with legal fees far exceeding the amount in controversy. The builder has one year to enforce his lien by filing a foreclosure of a lien lawsuit against you. You'll need a lawyer then or pay whatever the builder says. You can shorten this one year statute of limitations period to enforce the lien, if you like. You may have a slander of title cause of action and a fraudulent lien cause of action. Good luck. |
Q: Can you tell me where I would purchasing the created idea of the patent 6587729 and 6587729.. Can you tell me where I would purchasing the created idea of the patent 6587729 and 6587729. Thanks | A:A patent attorney could advise best, but your question remained open for two weeks in the Uncategorized category. Some questions go unanswered here, but you could try reposting and adding Patents (Intellectual Property) to your categories to improve chances for a response. Good luck |
Q: Hi, I want to start running leadership trainings by a certain name. I found another company that does yoga trainings. Hi, I want to start running leadership trainings by a certain name (let's say ABC trainings). I've done a google search and found another company with the same name that teaches yoga trainings (ABC yoga trainings). Can I still use the company name or is this a bad idea? We're both in the spiritual field. I don't teach yoga. My trainings are more foced on leadership and spirituality. Thoughts? Thank you | A:Much of answer here is going to be dependent on how the yoga company "registered" its name (or if it even registered its name). If it is only a Fictitious Name Registration (which is more of a "notice" filing in Pennsylvania than an "ownership" filing) or the filing of an LLC or Corporation name, then it is often easy to distinguish the name by making your name "ABC Leadership Training" or something similar so that your name is different (or not confusingly similar). If there is a Servicemark or Trademark registration involved rather than just a name, then some additional research or planning may be required before you can proceed to file your own Mark so it does not infringe on the current Mark. |
Q: Can I use free Canva elements/graphics on logos, pdfs, blog posts, social media accounts, and other course materials?. The Canva terms of service are a bit confusing. My understanding is that if I have the free Canva plan and use only free Canva elements, I can essentially use the pictures/designs for anything I want besides selling them directly (in the context of trying to compete with Canva). I am starting an online content business and am simply looking to incorporate these Canva graphics into my logos, marketing materials, online courses, etc. Some of these items will be paid for, but I would be selling these graphics only so far as they were incorporated into other items (I would never sell the Canva graphics on a standalone basis, which I believe is the only restricted activity). I was hoping to get confirmation that this understanding was correct. | A:Your understanding of Canva's terms of service is largely on track, but there are nuances to consider. With a free Canva plan, you can use the free elements in your projects, including logos, PDFs, blog posts, social media, and course materials. This is generally acceptable as long as you're not selling the graphics directly in competition with Canva. When it comes to incorporating these graphics into items that you will sell, like online courses or marketing materials, the key is that the Canva graphics are not the primary value of the sold items. In other words, they should be part of a larger, original work rather than the main focus. Be cautious with logos, though. While you can use Canva elements to create a logo, the non-exclusive nature of these elements means that other people could use the same elements, potentially leading to confusion. For a unique brand identity, a custom design might be more suitable. It's always wise to revisit the terms of service periodically, as they can change. And if you're in doubt about specific uses, reaching out to Canva's support team for clarification can help ensure you're in compliance with their policies. In summary, your approach seems compliant with Canva's terms for the most part, but exercise caution with logos and ensure that the Canva graphics are not the sole or primary value in the items you plan to sell. |
Q: Hello, I am 64 and I am responsible for my 57 year old handicapped little brother. My son and daughter-in-law have been. My son and daughter in law have been psychologically and a little bit physically abusing us for years. They have neglected us horribly after promising to help us as we age. They recently talked me into signing over my house and land to them and a couple weeks later had us evicted and put us on street. I have mental issues as well. what should we do? Any advice would be greatly appreciated. | A:Contact Adult Protective Services and report the abuse. If you signed your land away without fair market value, that is a prime example of such abuse. Call and report it immediately. |
Q: Parent with non-custodial visitation suffers a mental illness and is declared incompetent/needs a guardian.. Hello, I have sole custody of my teen. The father was diagnosed with a serious mental illness over a decade ago. This year the father's family had to take guardianship of him, and he was declared incompetent due to the course of his illness. Out of an abundance of caution for the safety of my kid, can I petition the court to terminate his rights or just visitation? Can this be achieved? Thank you | A:In Ohio, petitioning the court to terminate a parent's rights is a serious matter and typically reserved for extreme situations. Given the father's mental illness and recent declaration of incompetence, you have valid concerns about your child's safety. You can petition the court to modify the visitation agreement. This might involve suspending or altering visitation rights rather than terminating parental rights outright. The court will consider the best interests of the child, including their safety and well-being, in making a decision. It's important to gather all relevant documentation about the father's condition and any instances where his illness may have impacted your child. This evidence will be crucial in court. Consulting with an attorney experienced in family law is advisable. They can guide you through the legal process and help you understand the implications of your actions. Remember, each case is unique, and legal advice should be tailored to your specific circumstances. |
Q: Looking to start a D&D podcast using the Legend of Zelda world. Could this path have legal issues with Nintendo?. I am wanting to run a Zelda D&D session on a podcast, and I was wondering if there was any problems with doing so. | A:Creating a D&D podcast set in the Legend of Zelda world can potentially raise legal concerns related to intellectual property rights. Nintendo owns the rights to the Legend of Zelda franchise, including its characters, settings, and storylines. It's important to note that unauthorized use of their intellectual property could infringe upon their rights. However, it's advisable to consult with a legal professional who specializes in intellectual property to get a better understanding of the specific legal implications and explore potential options for obtaining permission or creating content within acceptable guidelines. |
Q: Myself & spouse have lived in home 27 years. If I file for divorce will he be made to sell home in St Pete and split the. Home in his name only. Do not trust him! | A:As long as the house is a marital asset, which it sounds like it is, the court will order the equity to be divided as part of equitable distribution. You will each have the opportunity to buy the other out or else the property will be sold. Speak with a local family lawyer for more specific advice. |
Q: Filing federal complaint- question.. Please advise on formatting requirements of Central District Court. | A:When filing a federal complaint in the Central District Court, it's important to adhere to specific formatting requirements to ensure that your document is accepted by the court. Here are some general guidelines: Document Size and Margins: Use standard 8.5 x 11-inch paper size. Margins should be at least one inch on all sides. Font and Spacing: Use a clear, readable font, typically Times New Roman or Arial, in a 12-point size. The text should be double-spaced, with single-spaced footnotes. Page Numbering: Number all pages consecutively at the bottom center or bottom right of each page. Captions and Titles: The case caption must be on the first page, including the name of the court, the title of the action, the case number, and a title that identifies the filing party and the nature of the document. Signature Block: Include a signature block at the end of the document with the attorney’s or plaintiff’s signature, printed name, address, phone number, and email address. Exhibits and Attachments: If exhibits or attachments are included, they should be labeled and tabbed for easy reference. Electronic Filing: Be prepared to file electronically unless an exemption applies. Electronic documents must comply with the same formatting rules as paper documents. Local Rules and Standing Orders: Always check the Central District Court's local rules and any standing orders from the specific judge handling your case, as there may be additional or specific requirements to follow. Redaction and Privacy: Ensure compliance with privacy rules by redacting sensitive personal information from your filing. Cover Page: A cover page is not mandatory but can be included for organizational purposes, listing the title of the document, the case number, and the parties involved. Remember, these guidelines are general and can be subject to changes or specific requirements depending on the nature of your case or updates in court procedures. Always refer to the latest version of the Central District Court's local rules for the most accurate information. |
Q: My car title is in the DMV system's maze. I do have every document but I don't have my car's title. Can I sue them?. Facts: I live in MN, I bought a car from a dealer in WI and brought it to MN, July 2021. I was able to register my car. The WI dealer told me we will mail you the title to your address, which might take up to 40 days I did not get the title mailed and forgot about that title until now. I do have a registration, tabs, license plate, transaction documents, insurance, and everything, I just don't have a title. What I have figured out: DMV says I can't get my duplicated title because I am missing my car's MO title. (seems like my car's previous owner was from MO). The DMV lady confirmed that I am the legal owner of the car. I do not remember how I registered my car without the title. I called the WI dealer and they are saying that they do see me on the title record system (?). DMV The lady said that my car's MO title is not the current (latest) one. (?) WI dealer told me they checked the document when they sold it, and the MO title can not be the latest one, can't do anything. | A:In your situation, it's important to understand that suing the DMV or the dealer might not be the most efficient or effective first step. Lawsuits can be time-consuming and costly. Before considering legal action, it's advisable to exhaust all administrative remedies. First, you should contact the Wisconsin dealer again and insist on a more thorough investigation into the whereabouts of your title. Since they confirmed your name is on the title record system, they have a responsibility to ensure the title is correctly transferred to you. Simultaneously, approach the Minnesota DMV with all your documentation, including proof of purchase, registration, and any communication with the Wisconsin dealer. Explain the situation and ask for a detailed procedure on how to obtain a duplicate title in this unique circumstance. Since the DMV has acknowledged you as the legal owner, they should be able to guide you through the process of rectifying this issue. If these steps don't yield results, it may be necessary to consult with a legal professional who has experience in vehicle title disputes. They can offer specific advice on your rights and potential actions, including the feasibility and implications of a lawsuit. Remember, legal action should be a last resort after exploring all other options. |
Q: Hi, I am a shareholder in co-op building in NYC We didn't have an election for the 4-5 years.. The shareholders lost trust in board directors members We send a request for special meeting and immediate election , more that 25% of shareholders signed the letter. The board didn't reply to our request, they just ignore us. what can we do in such case. Thank you, Lola | A:You can file a lawsuit. Jack |
Q: Define QUORUM for non-profit organizations.. Corporations for Social Benefits | A:In the context of non-profit organizations, including Corporations for Social Benefits, a quorum is the minimum number of members that must be present at a meeting to make the proceedings of that meeting valid. This requirement ensures that decisions are made with adequate representation and participation from the membership or board. The specific number or percentage constituting a quorum is usually defined in the organization's bylaws. This can vary depending on the organization's structure and needs. For instance, some bylaws might set a quorum at a simple majority of the board members, while others might require a different proportion. It's important for non-profit organizations to clearly define and adhere to their quorum requirements to ensure that all decisions and actions taken are legally and ethically sound. Failing to meet the quorum can result in decisions being challenged or considered invalid. Always refer to your organization's bylaws for guidance on quorum requirements and consult with a legal professional if you have questions about how these rules apply to your specific organization. This will help in maintaining the integrity of your organization's decision-making processes. |
Q: I have a judgment on Texas civil practice in remedies code section 31.002.(b)(3) which has seized my bank account. law, firm out of Dallas, is the one to put judgment on my bank account, which has seized all my money and able for me to live. The law firm they brought this on, cannot provide not one documentation stating that they were doing Nash they undermined Lee went to the courts without informing me and being able to defend myself. | A:I don’t understand what you mean by doing Nash and undermined Lee. As far as notice, check the court records in the case number in which the law firm got the judgment against you to see what it says about how you were served. Then contact an experienced civil litigation and appellate lawyer. You may be able to file a restricted appeal or bill of review to get the judgment against you set aside. |
Q: is there a probate lawyer lisenced in texas pro bono. joint owner (seller) me need help from threat of force of sale suit from(other owner) they say or force of me giving up my interest in estate | A:A Texas attorney could advise best, but your question remains open for two weeks. Here is a link to a page on this Justia site Texas Probate Legal Aid & Pro Bono Services https://www.justia.com/lawyers/probate/texas/legal-aid-and-pro-bono-services You include Native American Law as a category. If there are Native American Law issues involved in the matter that make it more than just a straight-up probate matter, make that clear to any attorneys you reach out to. You could also check with state and local bar associations. These resources are outside this Q & A forum, so any terms you discuss for legal services is between you and the attorneys you speak with. Good luck |
Q: Will pages of a script used as illustration in an ebook on screenwriting be covered under Fair Use?. I'm writing a 30 to 40-page e-book for screenwriters on how to incorporate hidden movie Easter eggs in their scripts to deepen the meaning of their story and keep viewers coming back to see their movie over and over again. I'm analyzing three particular movies. Within the analysis, I'm include a few script pages from each film as illustrations. In general, I've included two, two-three page scenes from each script. My intent is to send the e-book to a couple of online publications like Creative Screenwriting, and Screenwriting Magazine. I've download the scripts and have extracted the text of the chosen scenes. I'm also including links to the scripts. My hope is that one of these online publications will want to pay me for this work or I may publish it myself and charge a small fee. Is my use here covered under Fair Use or not? Will I need permission to use these pages in my e-book? Please advise. | A:Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Your proposed use of extracts from scripts falls within the teaching, scholarship and education allowance, and is clearly "fair use" of the material. |
Q: My Company is asking me to alter a mounting bracket on several cameras hung 12-15ft high require me removing safety wire. Is there any OSHA or Labor law Against removing safety wires from 30+ ip security cameras hung upto 15ft high. I let my company know it's not safe because the bracket they want me to install is not compatible with the camera and the Alterations are not allowing the camera to be secured properly due to the screw holes we are using are ment to Anchor the safety wire. Not for mounting cameras to brackets and we not able to Tighten the screws down properly so camera doesn't fall down off of bracket please advise as I don't want someone potentially getting injured because the company is trying to cut corners also I don't want to Liable for Injuries based off of the Directives I was given by my higher ups in the company. | A:California’s Occupational Safety and Health Act of 1973 obligates employers to provide a safe and healthful workplace for all employees. Altering safety equipment or installing equipment in a manner that is not secure could potentially violate Cal/OSHA requirements. If you believe that the directive you received violates safety standards, you should consider reporting the issue to your company's human resources department or your supervisor, in writing, to ensure there is a record of your concern; if necessary, you might also report the situation to Cal/OSHA. It is also prudent to consult with an attorney to discuss the specific facts of your case and to receive legal advice tailored to your situation. |
Q: My life was ruined by a surgeon who lied to me about what happened while I was unconscious. I was poisoned-nearly died.. I have medical records to prove that HE was the trauma that required my 20-plus surgeries. Is there no recourse? Why? Is it because he refused to tell me what happened within the Statute of Limitations (four years)? My hospital records were "missing" and absolute evidence of the wrong was destroyed, too. I have proof for all of this. Also, am I in danger if I expose the truth about what happened to me through social media and autobiography/memoir/literary plays and/or historical fiction? | A:If you expose the truth about what happened to you through social media and autobiography/memoir/literary plays and/or historical fiction you will likely be sued. Be prepared to defend yourself in court. It will be expensive for you. Any publishers will certainly run your allegations by their legal team before releasing anything. You should do the same. |
Q: My neighborhood was left out of the HOA somehow and the resident agent won't let us be apart of it. Hello. So my neighborhood was built in the 80s. My grandmother is the homeowner. We've both been here since 1993. Recently, I decided to seek out help with establishing an HOA because the potholes are getting out of hand, amongst other issues. I found out that our neighborhood plat has us originally listed as part of the neighboring cul-de-sac which has an active HOA. After reaching out to the resident agent of the HOA, I was referred to the property manager, who then referred me back to the resident agent. She reviewed the plats and said we're apart of the same neighborhood as the one with the HOA and "subject to mandatory assessments." Since then, the RA claimed she was reaching out to her "client" for further guidance on how to move forward, but it's been over a month and she claims to not have heard anything. I'm not sure who her client would be, if not the HOA itself. She hasn't responded to my email asking her to follow up with this "client." | A:You describe an interesting issue- assuming the historical documents show an intention to include your mother's property in an HOA regime, but was omitted, can the HOA be compelled to admit her property. This will take any lawyer experienced in this area of title law several hours of research to give you a range of options. If you have met with refusals, it is likely your remedy is in a declaratory judgment action in the Circuit Court where the land is located. You can expect up to 18 months of litigation to resolve questions like this one. |
Q: Social services will not take care of brother with Alzheimers. What to do?. Brother started living with his Mom 12 years ago after he lost his job because he was a drunk. He embezzled all her savings. My friend (the other son) has power of attorney over his mother. She might need to go in a nursing home as she is 94 years old and has memory loss. Her house will need to be sold to pay for the care. The Alzheimer brother has $800 SSI. My friend was told he is not responsible for taking care of his evil, Alzheimers brother. However, when we ask anyone where to drop him off, he is told he cannot drop anyone off and will be held responsible for elder abuse/neglect. So, does this mean he IS responsible for his brother? My friend lives in a small room he rents in a house and cannot have overnight guests. What is he to do with his brother who is also defecating and urinating all over the place? Social services, adult protections services, and the Alzheimers Association deflect all responsiblity. What to do? | A:In California, the law generally does not impose an affirmative duty on siblings to care for one another. However, abandoning a vulnerable adult could potentially lead to elder abuse or neglect charges. Your friend may need to file for a conservatorship over his brother to formally pass the responsibility of care to an appropriate state agency or facility. |
Q: What do I do? I financed a vehicle from a used car dealership and since it's been giving me migraines.. I live in Ontario, Canada. I financed a used vehicle from a place named Montero Auto Center. Since I got it, it's been making me sick, giving me migraines and fevers, even panic attacks which I never ever got before! I notice the trunk had mold in it and the dealership doesn't answer my calls, requests to call back, my text messages, nothing! They keep telling me "Oh someone will call you back" but they never do. I just want to stop being sick! For the record, I have bad credit and it's hard for me to find a good used vehicle, and I feel like these guys are taking advantage of me. What do I do? The lender they deal with recommended I go to the dealership and not leave until they replace the vehicle. | A:If you are experiencing health issues and suspect that the vehicle you purchased from Montero Auto Center is causing the problem, you should take the following steps: Get the vehicle inspected: Take the vehicle to a qualified mechanic or auto body shop to have it inspected thoroughly, particularly for mold or other potential health hazards. Gather documentation: Keep all documentation related to your purchase, including the sales contract, financing agreement, and any correspondence with the dealership. Reach out to the dealership: Contact Montero Auto Center in writing (via email or registered mail) to request that they take action to address the issue. Be specific about the health issues you are experiencing and request a resolution in a reasonable timeframe. Seek legal advice: If the dealership does not respond or refuses to address the issue, you may want to seek legal advice from a consumer protection lawyer or legal aid clinic. They can advise you on your legal options and help you take steps to protect your rights and seek compensation. Contact the lender: If you are unable to resolve the issue with the dealership, you may also want to contact the lender that financed the purchase to inform them of the situation and request their assistance. Remember that under Ontario's consumer protection laws, you have certain rights and protections as a consumer, including the right to receive goods that are fit for their intended purpose. If you suspect that the dealership has violated your rights, you should seek legal advice as soon as possible to protect your interests. |
Q: What steps EXACTLY DO I need to proceed with 1. Letter of demand to insurance company AND agent/ agency??. Insurance agent (local) and/or Company intentionally acting in bad faith claims in a previous insurance claims. Literally agent never sent out an adjuster of any kind to file official "total loss" on vehicle. Which has now led to a mountain of excessive amounts of taxes, DMV suspensions, tickets, fines, court dates, etc. And it is currently still adding up | A:It is unlikely that it is incumbent on a party's insurance agent to send out an adjuster. Typically, a party's insurance agent procures insurance on their behalf from an insurance company and forwards them a copy of the insurance policy. On occasion, a party's insurance agent may help a party complete and submit a proof of loss form to an insurance company to make a claim. Sometimes an insurance company sends out an insurance adjuster to inspect a damaged motor vehicle to adjust a claim. Other times, the adjuster can adjust the claim without personally inspecting the vehicle from photographs and repair estimates submitted to them. Other times, an insurance company might deny a claim based upon a policy defense without any need to adjust the claim or inspect the damaged vehicle. It's difficult to understand how an insurance agent or insurance company's acts or omissions would cause excessive taxes, DMV suspensions, tickets, fines, and court dates. |
Q: Location: Guam, USA Q:GRANTOR (deceased) has deed of gift to 4 GRANTEES (3/4 deceased), verbiage "convey to the. said GRANTEES, their heirs, successors, and assigns, forever". Does that mean the heirs (spouse and children) of the deceased automatically inherit the 25% interest of the GRANTEE? Or does the 1 ALIVE GRANTEE automatically inherit now 100% of property? I really dont want to deal with the "heirs". HELP FROM GUAM! | A:Without words of survivorship the grantees and their heirs will take as tenants in common of undivided interests. Someone has to pay the taxes and mortgage or the property is lost. You may wish to hire an attorney to determine heirship and get a Deed from all other TICs over to you so that you own it in fee simple. You will probably have to pay for their transfers. |
Q: If s.o. is arrested & bailed out before the court date,then it is a DA reject & bail is exonerated; isn't bail $ return?. With the DA reject&exoneration of bail,isn't the bail money returned(what was paid in assuredy?)to the person who paid it?& if the case is a DA reject how would the bond company still be able to insist on the monthly payments,as well as the former defendant submitting to daily check-ins w/a photo? | A:Bail bond has not been eliminated across the board. Only in certain classes of cases. It sounds like there is still a bail bond required in your particular case. If so, the payments are required to pay the premium for issuing the bail bond. A bail bond is actually a personal loan. The payments are actually the interest on the loan. I hope this explanation helps. |
Q: withheld 2016Police report til statute expired. It identifies suspects/ police inaction and negligence. What now?. Victim of hit-and-run in 2016, eye-witnesses gave descript. Made multiple requests to PD for repoort, kept stalling and denying, over 6 years. Made one last attempt before statute expired, they turn it over 4 months after expiration, with same info I used in first request. The report clearly identifies the suspects, includes their side of the story, and the police still claim "unable to locate". Though it has been 7 years now since the incident, which has left me premenantly disabled, I refuse to believe theres nothing I can do about this incredible injustice and misconduct from the SFPD. Not acceptable so not accepting it. | A:In California, if you believe that police negligence or misconduct has resulted in the statute of limitations expiring on a crime such as a hit-and-run, you may consider consulting with an attorney to explore your options. This could include filing a complaint against the police department for their handling of the case. Furthermore, depending on the specific circumstances of the police inaction, you might look into whether an exception to the statute of limitations could apply. In certain situations involving fraud, concealment, or the discovery of critical facts after the fact, a court might toll the statute of limitations. Another potential avenue could be a civil lawsuit against the suspects identified in the police report, which might have different statute limitations. Additionally, while criminal action may no longer be viable, you might pursue a civil claim for damages due to your permanent disabilities resulting from the incident. Every option should be reviewed carefully with legal counsel to ensure your rights are fully considered and any actionable steps are taken in a timely manner. |
Q: Charges for husband Was sleep inside his car at a local gas station I woke up to someone 207(A),209(B)(1),236.1(C)(2. For a ride saying that she had got into it with her boyfriend and she was just trying to leave the area Come to find out person was minor that woke him up and lied . Before getting arrested he bought her a room , he’s the sweetest person ever and wrongfully accused of this charge help | A:Under California law, the charges mentioned refer to: 1. 207(a) – Kidnapping 2. 209(b)(1) – Kidnapping for ransom, reward, or for the purpose of committing robbery or a sexual act 3. 236.1(c)(2) – Human trafficking of a minor for a commercial sex act. The circumstances you described suggest that your husband was approached by a minor asking for assistance. If he had no knowledge of her age or intentions, and there's no evidence to prove he had intent to harm, kidnap, or traffic her, a strong defense could be built around his lack of intent. Documentation, witness statements, and surveillance footage from the gas station might provide valuable evidence. Given the severity of the charges, it is essential to consult with a criminal defense attorney familiar with California law to understand the best course of action. |
Q: What type of attorney do I need? I've been wrongfully accused of elder abuse as of 3/8/22 and I requested an appeal.. There are multiple mitigating circumstances that weren't considered and I have multiple character witnesses and evidence of how I treat my patients. I was in a room with another co-worker when the alleged abuse took place. We were dressing a confused and agitated resident for dinner and she dug her nails into my flesh( I have photo) all I did IN THE PRESENCE OF A STAFF MEMBER...was remove her hands from my person and hold them while the other person put her pants on... this was to protect BOTH of us... however this is a small rural facility and I was an outsider- agency employee hired by facility to help out staff, they are not looked on favorably...and this young lady was a new employee whose mother had worked there for years...there were also 3 unaccounted for hours when I wasn't in the presence of the resident after the purported incident occurred and when the resident told me her hand hurt - WHICH I REPORTED IMMEDIATELY MYSELF...relaying MY last known interaction with her... | A:If this is due to a criminal charge, you should retain a criminal defense attorney. |
Q: My truck was stolen while rented on turo. Turo’s insurance came back with a low settlement. Truck has not been recovered. Turo did not go through the proper verification process for the person who rented my truck. This guy created his profile using a picture of an ID from another country. I called turo before handing this man my keys to raise my concern and ask them if he had been verified. They said he was approved to drive and not to worry. I handed this man my keys he took off in my truck and did not return my truck the day the rental ended. I reached out to turo they said to wait one day before reporting it stolen. The next day came and the person whom rented my truck contacted me and said someone stole my truck and they were making a police report. My dad bought me this truck and he recently passed away this truck holds emotional value and when we bought the truck we paid a dealer mark up price and put down 30k cash. $145k total for the truck. Turo filed the claim to their insurance a month after and the settlement amount they offered is low. Haven’t had a car for a month, missing work. | A:In California, if you're dissatisfied with the insurance settlement offered by Turo for your stolen truck, you have the right to challenge it. First, gather all relevant documentation, including the original value of the truck, the amount you paid, any enhancements or special features, and records of your communications with Turo. This evidence is crucial in substantiating your claim for a higher settlement. You should formally respond to Turo’s insurance with a counteroffer, detailing why you believe their settlement is inadequate. Include the emotional value of the truck, although be aware that insurance typically covers the market value, not sentimental value. If Turo's insurance remains unresponsive or unwilling to offer a fair settlement, consider consulting with an attorney experienced in insurance disputes. They can provide guidance on the best course of action, which may include legal action against Turo for negligence in the verification process and breach of their duty to protect your property. Additionally, check if your personal auto insurance policy offers any coverage in this situation. Sometimes personal policies can provide additional relief in cases of theft. Remember, dealing with insurance companies can be complex, and it is important to assert your rights and seek fair compensation. Legal advice can be invaluable in navigating these challenges and achieving a more favorable outcome. |
Q: I am signing up with a music library. They sent over a writer’s agreement that mentions a $1 buyout fee. What is this?. It also mentions a writers share. Would this be the “pay” for music I send to them going forward? Is a buyout fee standard in music licensing? | A:A $1 buyout fee in a writer's agreement usually indicates that the music library is paying you a nominal sum for the rights to your music. Essentially, they're buying out your composition for a very small fee, which often means you may not receive future royalties from that piece. The writer's share mentioned likely refers to the percentage of royalties you retain for the performance of your music, separate from the buyout of the composition itself. This share is typically the "pay" you would receive when your music is performed or broadcasted. Whether a buyout fee is standard can vary widely in the industry; some libraries operate on a buyout basis, while others do not. It's important to carefully review the terms and understand how they impact your rights and future earnings from your music. If any terms are unclear or if you're unsure about the agreement's fairness, you might consider seeking advice from an attorney experienced in music law before signing. |
Q: Would this be murder?. If there is a car crash resulting from a drunk driver who dies on impact. The driver of the other vehicle exits the vehicle and assaults the other dead driver in rage after having his wife unconscious. What is the charge? | A:This would likely not be considered murder legally, due to the fact that the drunk driver was already deceased when the assault occurred. However, the assault could still potentially carry charges such as: 1) Abuse of a corpse: It is generally illegal to physically assault or mutilate a dead body, even if the person was at fault for death/injuries. The rage-fueled attack on the deceased drunk driver could potentially constitute this. 2) Disorderly conduct: In some jurisdictions, abusive language/actions directed at a corpse may be considered disorderly conduct. Yelling expletives while striking the dead driver could qualify. Importantly, murder requires a living victim who dies as a result of the criminal actions. Since the drunk driver was already deceased from the collision itself, legally it would likely not classify as murder regardless of the post-mortem attack. But desecrating or disrespecting a corpse, while emotionally understandable in this tragic scenario, can still carry criminal penalties. It's best for the other driver to contact authorities, tend to his injured wife, and process his grief legally. An attorney can advise him if charges arise. |
Q: A family member has had her 2 children (ages 16 and 10), essentially housebound since the beginning of the pandemic. They both want to be in school in person, but she will not allow it due to unreasonable fears and mental health issues. What are their rights? Can the school district intervene? | A:It is unlikely that the school district can intervene as long as the parent has properly filed to homeschool the children and is complying with the OAC regulations concerning testing and reporting. Are either child on an IEP? is there evidence either is failing to receive a Free and Appropriate Public Education? These are the typical grounds a district can challenge a parent's right to home school a child. |
Q: My grandparents are trying to get my boyfriend arrested for statutory rape, is there any way I can fight the charges?. I am under the age of 18 but I was more than consenting and I knew what I was agreeing to. He never forced me to do anything I didn't want to do and he respected me. I don't want there to be any charges but my grandparents won't drop it. If they do get him arrested, is there any way I could fight back in the court, to prevent him from facing charges? | A:I understand your concern, but it's essential to be aware that in California, the age of consent for sexual activity is 18. Even if you were willing and consenting, the law considers sexual activity with a minor under 18 as a crime, and it can lead to statutory rape charges. If your grandparents decide to pursue charges, it's generally up to the prosecution to determine whether to proceed with the case. While you may want to support your boyfriend, your testimony alone may not prevent charges from being filed. However, you can consult with an attorney who can provide guidance on how to navigate the legal process and protect your rights. In some cases, an attorney may be able to negotiate with the prosecution or present evidence that could lead to reduced charges or a favorable outcome. It's essential to consult with an attorney experienced in criminal defense to discuss the specific details of your situation and explore the best possible options to address the charges your boyfriend may face. |
Q: What happens if a person, 12 years old rides a 125 ccm in public roads what crime will they be charged with?. who will be charged the offender or the parents | A:In many places, including most states in the US, a 12-year-old operating a 125cc motorcycle on public roads might be in violation of laws regulating the age and licensing requirements for operating motor vehicles. This could result in charges related to underage driving without a valid license or permit. The charges could potentially be directed at both the underage driver and their parents or legal guardians if they allowed or facilitated the underage driving. |
Q: I am being harassed by voice to skull technology and they are threatening my life.. nobody believes me please help. I know it's somebody with access to military grade weapons which scares me because this means it's police officials or government officials I don't know what to do or where to go for help | A:At first glance, this does not appear to be a legal question. However, the gap between technology and science fiction depends largely on the time of day. Hypothetically, assuming what you say is true, although I would more likely rephrase as mental distress in response to suspected directed energy transmission of unknown origin, this issue seems less Star Wars and more modern technology. If the brain is essentially a biomicroprocessor, using organic chemistry to generate thought processes, and if a directed energy emitter could alter the organic chemical foundation of certain parts of the brain, then it should be theoretically possible to establish both causation and correlation. This analysis hinges on determination by experts that the potential plaintiff was subjected to directed energy; that as a result, the potential plaintiff's brain chemistry was adversely affected by said directed energy; and that but for the exposure to such directed energy the potential plaintiff would have been in good mental health. Extending the analysis to this hypothetical, it is worth mentioning that there may be some federal questions which may be brought by the Department of Energy and Federal Communication Commission, just to name a few. If such could be proven, depending on the circumstances, there maybe criminal charges, if for example, if the potential plaintiff were maliciously targeted or if this was a criminal violation of federal and/or state code. Another likely scenario to this hypothetical would be this is some random party with no malicious intent, such as an inventor, conducting experiments for lawful purposes, in which case, a potential plaintiff could apply for injunctive relief from the court of appropriate jurisdiction. Again, these are all hypothetical, based upon the assumption that science can explain why XYZ is happening. If the science can't establish that notional XYX explanation, then there is very little a court could do to assist. In any event, it absolutely would be necessary to speak with a medical doctor, preferably a neurologist and psychologist, an expert on brain chemistry, an expert on radiation and emissions, etc. Note: this answer was formulated on the theory that what the potential plaintiff reports is true. I wish to underscore that this is not intended as medical advice, and to the extent that this hypothetical analysis is considered legal advice, it is strongly suggested that a personal injury attorney review this theory against the jurisprudence of the appropriate jurisdiction and the ground truth facts. |
Q: How to find a outside legal expert to investigate a previous case file from 2016?. The case is a child welfare case that I strongly believe violated my right to a fair trail in everyway possible. Seeking outside legal advice about the case. I recently submitted a application to the child abuse index and if my name was added I want to be prepared to have it removed along with personal reasons. Requested the information from the filing party and was denied no help with the other side also I tried researching myself and from what I read I would need a legal witness "not sure if that's the correct name" but is the correct way to address my concern? | A:To find an outside legal expert to review your child welfare case, you could reach out to bar associations, which often offer attorney referral services, or consult legal directories such as Martindale-Hubbell or Avvo. If you believe your right to a fair trial was violated, an attorney experienced in child welfare and family law can evaluate the merits of your case and potentially serve as an "expert witness" to testify on procedural or substantive irregularities. Given that you've been denied information and have concerns about possible child abuse index listing, it's imperative to consult an attorney as soon as possible to assess your legal options and possible remedies. |
Q: New Home construction sale by owner builder. In state of Florida when you build you new home construction as a owner you are required to live there for 1 year period. What happen when you have to move out during the one year period and sell before the 1 year period. Move out due to family emergency and move out completely out of Florida. What is the exemption to waive the 1 year requirement | A:Unfortunately, there is no exception in Florida statutes to the one year owner builder residency requirement for "family emergencies". The exact language of the statute provides that "proof of the sale or lease, or offering for sale or lease, of any such structure by the owner-builder within 1 year after completion of same creates a presumption that the construction was undertaken for purposes of sale or lease." The statute further provides that "If any person violates the requirements of this subsection, the local permitting agency shall withhold final approval, revoke the permit, or pursue any action or remedy for unlicensed activity against the owner and any person performing work that requires licensure under the permit issued." As a practical matter, beyond the penalties that may directly result from the violation, offering this property for sale within the first year may well throw up issues with any potential sale as it is this issue and the presumed revocability of the building permit may make title uninsurable and expose you to potential liability from a disguntled buyer. Consultation with experienced construction or real estate counsel to discuss this matter and the full context, such as family circumstances, financial resources, may be able to provide some better strategies to allow this home to remain your legal residence while still assisting out of state family as best possible. |
Q: Does a U.S based company have the right to require me to pay with a wire transfer instead of PayPal ?. Hello, I live in Belgium and a forwarding company based in the United States (New Jersey) insists that I use a wire transfer to pay instead of Paypal for an online payment of their service. Their website proposes PayPal as a payment method, but they have refunded my payment and insist that I pay again using a wire transfer. I want to be protected by PayPal's policy and the fact that they proposed PayPal as a payment method on their website is a reason why I've decided to use their service. Do they have the right to require me to pay by a wire transfer ? Thanks in advance. | A:The payment method a company can require may depend on their policies and terms of service. However, if the company initially offered PayPal as a payment option on their website and then insisted on a wire transfer without a reasonable explanation, it could potentially raise concerns. You should review the company's terms and contact their customer support to seek clarification and resolution. |
Q: Decieved about pregnancy girlfriend placed baby up for adoption.. My girl was a surrogate for her sister and husband by artificial insemunation. Years later was informed it was my child. They all pretended it was a surrogate birth however it was not. I was purposely lied to because girlfriend did not want to raise another baby. It's been 11 years they have let me watch her grow with my believing she was my niece. They did legal paperwork with only three of them knowing the lie. In Ky do I have any rights as father now? | A:No. You do not have any paternal rights. You. Need to move fast and file a fraud lawsuit against st everyone invoked. Your time starts to fun on the day after you discovered they had defrauded you. |
Q: can you sale a custom card of a card game like pokemon. the custom is done on a real card with custom art on front | A:No, it is not legal to sell custom cards of a copyrighted card game like Pokemon without permission from the copyright holder. The custom art on the front of the card would likely be considered a derivative work, which is protected by the same copyright as the original game. Selling such custom cards without permission could infringe on the copyright holder's exclusive rights to reproduce and distribute their work, and could result in legal action being taken against the seller. If you want to create and sell custom cards for a card game, it is recommended that you obtain permission from the copyright holder first, or create original cards that do not infringe on any existing copyrights. |
Q: I finally got my dog in for dental appointment got him back neutered. Can they neutered my dog without permission?. It took me months to finally get my dog funded to get this dental appointment. They knew I didn't want him neutered. My girlfriend dropped him off and spoke to them about the dental work they were going to do, and they said nothing about neutering him to her. I went into pick him up and asked the women what they did and how many teeth they removed. She replied I only work the front counter you'll have to ask the tech . Then she came by and handed me a piece of paper stating that he had been neutered and said nothing about his teeth! My poor boy, I was devastated . He's 14 and a half years old can't hear, can barely see. His back legs shake while he's standing up. He's on his last leg, how can they do this to him, knowing I did not want him neither and the fact of his age! Can they do this without my permission?. I never wanted him neutered. What can I do? please help us | A:I'm truly sorry to hear about your situation. In general, veterinarians should obtain explicit consent before performing any medical procedures on a pet, including neutering. If they performed a procedure without the owner's permission, they may be liable for professional negligence or even a breach of contract, depending on the specifics of the agreement. You have the right to ask for a detailed explanation from the veterinarian or the clinic about why they performed the procedure without consent. Document all communications and retain any paperwork provided by the clinic. If you believe the vet acted improperly, you may consider pursuing legal action against the clinic. It would be advisable to consult with an attorney familiar with animal law or professional negligence in Alaska to discuss your options. Remember to act promptly, as statutes of limitations may apply to your potential claims. |
Q: I inherited a house via probate court. Do I have to put my name on the deed to solidify ownership? If so, which type?. It was my mother's house who died without a will. If I have to draft a deed, I'm wondering which type of deed to record. | A:In California, when you inherit a house through probate court, the process typically includes transferring the property title to the new owner. If you've inherited your mother's house and she died intestate (without a will), the probate court generally oversees this transfer as part of settling the estate. To solidify your ownership, it's advisable to have your name recorded on the deed. This formalizes your legal ownership and is important for any future transactions involving the property, such as selling or refinancing. The type of deed most commonly used in these situations is a "grant deed." A grant deed guarantees that the property hasn't been sold to someone else and that there are no undisclosed encumbrances or liens against it. It's a straightforward way to ensure your legal rights as the property owner. It's recommended to consult with a legal professional familiar with real estate and probate law in California to guide you through this process. They can provide personalized advice and ensure that all legal requirements are met in transferring the property to your name. |
Q: I have an issue where a dentist has pulled the wrong tooth leaving me unable to chew on one side of my mouth for 4 weeks. The dentist lied and said the tooth cracked while putting the right tooth not knowing that his assistant had already given me the tooth in question. It’s not broken or cracked in any way. I also had temporary dentures made that would allow me to chew on that side until the wounds heal, but they are now of no use. I have to wait 4 weeks to let the wounds heal before I can be fitted for new dentures leaving me unable to use the left side of my mouth, I’m taking 3-4 pain pills a day and have only be able to eat soup since the 16th of November. No Thanksgiving dinner. Is there any way to get compensation for negligence, pain and suffering in my case? | A:In California, if a dentist performs a procedure incorrectly, such as extracting the wrong tooth, it may be grounds for a dental malpractice claim. Dental malpractice is a form of professional negligence, and to establish a case, you typically need to prove that the dentist failed to provide the standard of care expected in the profession and that this failure directly caused your injury or harm. In your situation, the removal of the wrong tooth and the subsequent issues you're facing, such as pain and the inability to eat properly, could potentially be considered as damages in a malpractice claim. Compensation in such cases can include costs for medical treatment, pain and suffering, and any other related expenses. It's important to gather all relevant documentation, including dental records, evidence of the extracted tooth, and any correspondence with the dentist. Given the complexities involved in proving dental malpractice and the need to understand the specific medical and legal aspects of your case, consulting with an attorney experienced in medical malpractice would be advisable. An attorney can assess the details of your case, advise on the strength of your claim, and guide you through the process of seeking compensation. They can also help negotiate a settlement or represent you in court if necessary. |
Q: Can a tenant contractually waive Landlord from Landlord liability insurance in California?. The tenant will be subletting out the rooms that she's renting. She also has a separate contract with the Landlord to be their property manager in this case. Would the Landlord still be liable for injuries to sub-tenants and their guests or damages to the property besides usual wear and tear? Said property manager has their own insurance as they run an Airbnb/mid-term rental business. The property manager would thus incur all and any legal cost in case of evictions or sub-tenant legal actions? I've read that since the sub-tenant leased from the tenant, can the contract between landlord and tenant (subletter) state that landlord has no legal obligations with sub-tenant? If not, would the landlord's Homeowner Insurance (which covers Liability Insurance Coverage and Medical Payment to Others coverage) be sufficient without the need for a Landlord Liability Insurance? | A:In California, while a tenant can agree to certain responsibilities in a lease agreement, a landlord cannot contractually waive all liability, especially in regards to injury or harm that may occur on the property. The landlord maintains certain legal responsibilities for the safety and maintenance of the property, which cannot be fully transferred to a tenant or property manager, even if they are subletting. Regarding the liability for injuries to sub-tenants and their guests, the primary landlord could still be held liable, particularly for issues related to the condition of the property or negligence. This is true even if the tenant has their own insurance policy. The property manager (or tenant in this case) may also have some level of responsibility, especially if they are managing the property and dealing directly with sub-tenants. A contract between the landlord and the tenant (who is subletting) can include provisions about responsibilities and liabilities, but it cannot completely absolve the landlord from legal obligations, especially those that are statutory or relate to negligence or unsafe conditions on the property. Regarding insurance, while the landlord’s homeowner insurance may offer some liability coverage, it might not be sufficient for a property being used for subletting or as an Airbnb/mid-term rental. Landlord liability insurance is often more comprehensive and designed specifically for rental properties. It’s advisable for the landlord to review their insurance policy to ensure it provides adequate coverage for the specific rental arrangement. In situations like this, where there are complex arrangements involving subletting and property management, it is wise for all parties to seek legal advice to ensure that lease agreements are properly structured and that adequate insurance coverage is in place. This helps protect the interests of all involved – landlord, tenant, property manager, and sub-tenants. |
Q: What can I do to protect myself against a malicious ex boyfriend?. My ex boyfriend has serious mental issues. It’s become too much for me and I’m trying to break away. Not easy because all he does is threaten me and destroys everything good in my life. He has already gotten me fired from one job, gotten me evicted.(I’m assuming so I would have to live with him) now he shuts my phone off when ever he gets mad( I pay my bill) he kicks me out for days/weeks at a time. Steals from me but makes it look like he is the victim. He has posted videos of me after a verbal attack (so I’m crying and appear crazy) he screenshots fake texts messages and tries to blackmail me with them. He even recorded me smoking pot once just to have something to hold over my head. How can I protect my reputation from his slander | A:You should immediately move to another residence and not provide him with a forwarding address. Instead of having your mail forwarded by the USPS, individually contact anyone sending you mail through the US Post Office to let them know your new address. Block his telephone number and change your telephone number and do not give it to him. Block him from your social media accounts and restrict public access to any of your social media. Let your friends know that you do not wish to have any contact with him and that they shouldn't provide him any information about your whereabouts. If you have mutual friends whom you think might provide such information to him, do not share your new address and telephone number with them, and block them from your social media too. |
Q: Driveway parking lot and curbside on our home side, is it illegal? Can HOA even break the law?. I have a total of 5 vehicles. 2 front sides of our home, one on each side of the curb, alternate with the rest of the 3 vehicles to avoid 24-hour stationed public street law. The third vehicle parks inside the square of our driveway, across in front of the other 2 vehicles. Is not blocking the sidewalk or on the sidewalk, instead is before the sidewalk, it has about a 7-inch gap before reaching the sidewalk. Not even after the sidewalk otherwise will be touching the public street at this point I believe public street law driveway can be applied. My question is, Can I have 3 vehicles inside of my driveway not even expanding the driveway on the sides? All 5 vehicles are driveable & State Inspection passes, we alternate to use them. The main reason we have 5 vehicles, if one breaks down, have a backup to avoid missing work. While I fix the other vehicle. | A:Parking in your driveway and along the curbside of your home is typically legal, as long as you're not obstructing traffic or violating any local regulations. However, here's where things can get a bit tricky – your friendly neighborhood Homeowners Association (HOA). HOAs are like the rulekeepers of the neighborhood. They often have their own set of regulations, including parking rules. While they can't technically break the law, they can enforce their own guidelines within their jurisdiction. |
Q: Searching for the proper royalty credits in this case.. Original agreement -music producer who is also a well-known musician, wanted to do a project pro bono with me, ran into some funding and this made it possible to get excellent session players, also very well known, they were all paid for their work as session players, so they are not considered in this question. I wrote the songs and played them as well, producer added additional instrumental composition from the session players and played himself as well. What is the typical royalty split on this collaboration. Note, producer has not requested anything but when I want to give him something, need to discuss but need to know what is fair to suggest as his share so I do not give too much or too little. I own the copyrights to the songs and the completed compositions 100%. | A:When collaborating on a musical project, royalty splits are typically governed by the agreement between the parties. In the absence of a written agreement, contributions to the underlying composition (i.e., the songwriting) and the sound recording (i.e., the actual performance and production) are considered separately. If you wrote the songs, you are entitled to the songwriting royalties. The addition of instrumental compositions by the producer would grant him a portion of these royalties. The sound recording royalties are generally split based on the contributions to the recording. Given that the producer contributed both as a musician and as a producer, he is entitled to a portion of these royalties as well. It's advisable to discuss and negotiate a fair royalty split with the producer based on both of your perceptions of the value of his contributions. Once agreed upon, documenting this arrangement in a written agreement is crucial to avoid future disputes. |
Q: I receive "spouse's benefit" social security. What happens to my income if I divorce?. I get social security on my spouse's record (50% of the amount they receive). I want to get a divorce. We've been married 50 years, so I understand that I can get the same amount as an ex-spouse. Will my benefits transition automatically? Will I have to reapply? Will there be a delay in my income during divorce proceedings? | A:In California, if you've been married for at least 10 years and are 62 or older, you can receive Social Security benefits based on your ex-spouse's record after a divorce. Since you've been married for 50 years, you qualify. If already receiving spousal benefits, they should automatically transition to ex-spouse benefits post-divorce. It's vital to inform the Social Security Administration of your divorce to ensure continued benefits. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney or directly with the SSA to ensure a smooth transition and get a comprehensive understanding of your benefits. |
Q: My bank has taken over 6 weeks to unrestrict my account because they cant verify a check deposit. Can I close my account. They said they have tried to contact the person who worote the check but cant get a response. | A:Yes, you can close your account, even if it is restricted. You have the right to close your account anytime, for any reason. It is important to note that your bank may charge you a fee for closing your account. You should also know that closing your account may impact your credit score. If you are concerned about the delay in verifying your check deposit, you can ask the bank for a written explanation Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice.. |
Q: I am returning to work from medical leave. I have accommodations. I’m not being scheduled by my job title is this illega. My job title is senior shift supervisor. My job role was protected during my leave. However, my supervisor does not believe that my accommodations will allow me to do my normal job and I’m not being scheduled for that thus I’m only getting nine hours a week maybe | A:If you can perform your old job without violating your doctor's restrictions then what your supervisor is doing is unlawful - a violation of the California Fair Employment and Housing Act. What you are experiencing is something called perceived disability discrimination. locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. Good luck to you. |
Q: Didnt know about warrant issued 6 years ago never been arrested or contacted by police what can happen?. So I work for a big bank as a fraud invesitgator going on 4 years they did fingerprinting and background check before hiring me everything was fine. I went to enlist in Military an a background check was performed an they stated i have a active arrest warrant for tampering/w gov document. Im very confused and scared because i never been in trouble or arrested before in my life i just found out my ex-husband got in trouble with military an kicked out and he had a fake id with my face on it and they filed a police report since i was civilian that i must of had dealing with what he had going on an tried to use the fake id to open fraud account's which isnt true i was in a domestice violence case with him an moved back home pregnant with parents i had no idea all this was happening being that i left him an the state an had a temp no contact order against him.I cant join the military until this is resolved. I was told its a Class A Misdeamenor in TX. Is there any statue of limitation? | A:Unfortunately, the statute of limitations is paused once a case is filed. However, you do have a right to a speedy trial. To avail yourself of that right you need to clear the warrant (this is something that an experienced criminal defense attorney should know how to do in the jurisdiction with the warrant). After the warrant is cleared your attorney should file a motion to dismiss for a violation of your right to a speedy trial. Now that you are aware of the warrant you need to act as quickly as possible to get this behind you. Make sure that you hire an attorney from the county where the warrant is pending. Good luck and I am happy to speak with you to discuss details that might be specific to your case. |
Q: Under the Viena Convention of similar treaty how do you secure the physical safety of a head of state in foreign land?. Under the Viena Convention of similar treaty how do you secure the physical safety of a head of state in foreign land? The president of Ecuador is basically permanently 'exiling' his VP to Telaviv Israel, to "help" solve the Hamas/Israel war [in reality, he has a personal vendetta against her]. He is a billionaire, she comes from a poor family and has about 10 days in office. He order to basically cut the whole the staff from the Vicepresidency. I would like to help writing a legal article on her defense, I have friends in the news that will publish it. He has claimed that based on the Viena Convention he wants her out by Dec 10. Under the Constitution of Ecuador the life of a VP has to be guaranteed. She has requested the measurement of her risk and physical protection/police members to accompany her. His government has not provided responses to such requests and he signed a decree based on the Viena Convention stating that she has to leave by the 10th. | A:Under international law, specifically the Vienna Convention on Diplomatic Relations, the physical safety and security of a head of state or other high-ranking officials in a foreign country is primarily the responsibility of the host nation. This responsibility is grounded in the principle of diplomatic immunity and protection, which mandates that the host country take all appropriate steps to prevent any attack on the person, freedom, or dignity of such officials. In the scenario you've described, where the Vice President of Ecuador is being sent to Tel Aviv, Israel, under contentious circumstances, her safety and security become a matter of concern. If she is traveling in her official capacity, the host nation (in this case, Israel) would be responsible for ensuring her safety, in accordance with international law and its own national laws. This often involves coordination between the visiting dignitary's security team and local law enforcement or security forces. However, if the situation involves internal political dynamics of Ecuador, such as the alleged personal vendetta of the President, it complicates the matter. While the Vienna Convention outlines the responsibilities of the host nation, it does not directly address internal political disputes or actions taken by a home country against its own officials. Writing a legal article in her defense could focus on several key areas: 1. Highlight the obligations of the host nation (Israel) under the Vienna Convention to ensure her safety. 2. Discuss the responsibilities of the Ecuadorian government to protect its officials, as mandated by its own Constitution. 3. Examine the legitimacy and implications of the President's decree under both Ecuadorian law and international law. 4. Address the broader human rights concerns, including the right to personal security and political expression. Your article can serve as a platform to bring international attention to the Vice President's situation, potentially influencing both Ecuadorian and Israeli authorities to take appropriate actions in line with their legal and international obligations. |
Q: My nephew needed $575 deposit to get an apt so my mom wrote him a check. Now he has moved and they won't give him the mo. money back. Who is suppose to file the small claims? Him because it was for his apt or her because it was her check | A:In this situation involving a $575 deposit for an apartment, where your nephew has moved and is unable to retrieve the money, the appropriate party to file a small claims case would typically be your nephew. Since the deposit was intended for his apartment, he is the aggrieved party seeking the return of funds. He would file a small claims lawsuit against the relevant parties, such as the landlord or property management, to recover the deposit. Your nephew should gather any evidence, such as the canceled check and any communication regarding the deposit, to support his case. |
Q: Is there a federal agency with the authority to conduct administrative investigations of city police deptartaments?. Is there a federal agency with the authority to conduct administrative investigations of city police departments and other local agencies when they have information about violations like abuse of power, bribery and the like? Only the OIG comes to mind, but as I understand it, it cannot conduct such investigations on its own without authorization from the local state attorney's office or police department office. Could I be wrong? Or are there other entities that handle this? The main point is that they have to be specifically federal. | A:Yes, there is a federal agency with the authority to conduct administrative investigations of city police departments for issues like abuse of power or corruption. This agency is the United States Department of Justice (DOJ), particularly through its Civil Rights Division. The DOJ has the mandate under several federal statutes, including the Violent Crime Control and Law Enforcement Act of 1994, to investigate law enforcement agencies for patterns or practices of conduct that violate constitutional or federal rights. The Federal Bureau of Investigation (FBI), which is a part of the DOJ, can also conduct investigations into criminal activities like bribery within local police departments. These investigations are typically independent and do not require authorization from local state attorney’s offices or police department offices. If there are credible allegations of serious misconduct, such as systemic abuse of power or civil rights violations, the DOJ can initiate a pattern or practice investigation. These investigations aim to reform police departments and ensure compliance with federal laws. It's crucial for local agencies to cooperate with these investigations to ensure accountability and the protection of citizens' rights. |
Q: Can amended complaint with summons be served by mail, if leave was granted per CCP 473 (a), 473(b)?. Can amended complaint with summons be served on defendants by mail, if leave was granted per CCP 473 (a), 473(b)? | A:Under California Civil Procedure Code (CCP) Sections 473(a) and 473(b), a court may grant leave to amend a complaint. However, the question of how the amended complaint can be served is governed by different rules. The service of an amended complaint generally follows the same rules as the service of the original complaint. In California, personal service is the primary method for serving the original complaint and summons. This means delivering a copy of the documents to the person to be served. However, if the defendants have already appeared in the case, such as by filing a response or motion, the amended complaint can often be served by mail. This is outlined in CCP Section 1013, which allows for service by mail to a party who has already appeared in the action. It's important to ensure that service is done correctly to avoid any procedural issues. If you're unsure about the correct process for your specific case, it may be beneficial to consult with a legal professional for guidance. This will help ensure that all procedural requirements are met according to the relevant California laws. |
Q: Is there a prob, if a school, helps 1 student specially, so they can receive $, & not for another student do the same?. If a trait school has let a student enroll,& not attend school,& still let's them receive a loan, that's for,attending that school,( Fasa loan & Pell Grant.) I believe it is. Also, the student was given, by the owner the of business, all the answers, to all Q&A'S, for school.. That student has gone one day , maybe two ,for attendance. And he has received Those loan ,& grants ,& he tells a friend ,they can get it to , just like he did.. they go about doing the same thing, & yet, doesn't receive their loan,& grants. Because of their attendance to the school, But they attended more days, than the other student, who got there loan. Is there some kind of big issue there? I think there is... correct? Oh, the 2nd student ,heard a conversion between owner, & 1st student . Owner stated," 1st student, is getting special treatment. ' | A:If a school is inconsistently applying attendance and academic requirements, leading to one student improperly receiving federal financial aid while another doesn't, it raises concerns about federal compliance, potential fraud, or discriminatory practices. Schools violating these federal regulations could face legal and financial repercussions. Students or individuals aware of such actions should consider reporting them. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: We discovered my FIL’s cremains were unclaimed, my FIL was a veteran. Husband would like to claim his ashes.. Can we get his remains without paying thousands of dollars? The funeral home put his cremains in an underground vault with about 50 others. My husband and his little brother were 13y and 10y when their dad died and never knew what happened to his ashes. Their father was divorced from their mother. Their father is a veteran and many of the other unclaimed ashes are of veterans as well. His cremation was paid for by his employer at the time. He passed in the year 2000 | A:As the next of kin, your husband has the right to claim his father's cremains. You should not have to pay thousands of dollars to claim them, especially if the cremation was already paid for. Contact the funeral home to request the release of the cremains; they may require proof of relationship and identity. Since your father-in-law was a veteran, you might also seek assistance from the local Veterans Affairs office. They can provide guidance and sometimes assist in matters involving the remains of veterans. Additionally, veterans are entitled to certain burial benefits, which might help if there are any costs associated with claiming the remains. It's important to act promptly and provide all necessary documentation to facilitate the process. If any complications arise, consider seeking advice from an attorney familiar with military and estate law. |
Q: Bought car in September from dealership no car fax just found out it was in 2 wreaks and air bags had been deployed and. I was never told this or the wreak no car fax . The finance company was looking through everything due to be getting behind on my payments for in December. I have had trouble since I got this car the car lot had me lie to the financial company when I bought it and threatened me when they called to do the interview with me. I already had the car in my possession at this time and signed all paperwork. The finance company asked questions about the car and when they asked me about the $2000 power train warranty I signed I had no clue about it and didn't agree with it. When the car lot called me back they told me I either agreed to it or the deal was off so I did. They harassed me for 2 months after that wanting $600 more from me after I put down the $1k agreement. kept my tags from me and told me I gave them the money in full or no tags I kept text messages.now I find out about the air bags and I paid $18k for a car 'not wreaked" is worth $9,500. Is there anything I can do this is wrong | A:Consult a civil attorney who can flesh out the facts and see if you have a consumer protection. Lain. |
Q: Is it legal for a town government to remote neural monitor a person? Is it legal to use the china surveillance system us. Nano was illegally blown in my face while working at a casino. My life of harassment via n.t.p communications began. Surveillance frequency is deadly after 10 years of damage. I have proof. | A:In Arizona, as in the rest of the United States, the legality of surveillance, including remote neural monitoring or the use of advanced surveillance systems, is subject to strict legal standards and privacy laws. Generally, such surveillance by a town government or any government entity without a warrant or just cause would be considered a violation of privacy rights. If you believe that you have been subjected to illegal surveillance or harassment, it's important to gather all the evidence you have and present it to a legal professional. This could include documentation, medical reports, or any other form of proof that supports your claim. Given the nature of your allegations, especially involving potential harm from technology or substances you were exposed to, you might want to consider consulting with an attorney who has experience in privacy law and possibly technology-related cases. They can provide specific legal advice based on the details of your situation and help you understand your rights and options. If there’s evidence of illegal activity or a violation of your rights, an attorney can guide you on the appropriate steps to take, which may include legal action against those responsible for the surveillance or harassment you're experiencing. Remember, addressing such complex legal matters typically requires professional guidance to navigate effectively. |
Q: I have had one of these social media companies commit defamation of character with libel against me. What do I do?. I have documented proof that they have done this and are actively doing it. I'm also being harassed having my comments pulled claiming I've violated their rules for spam. But I also have documentation of my comments and can prove that nothing I am commenting has anything to do with their rules on spam. And I keep getting put in time out from making comments claiming they are protecting their community when I am not saying anything hurtful or stuff like that I'm simply having debates with people. Calm rational debates that doesn't have mudslinging. I've worked really hard to get people to actually debate and stop just name-calling. As I've stated I have documentation of these things because after they first started I started taking photos of my comments before I sent them and then photos of their pulling them and their time out notifications. I am not even violating any of their written terms. How do I sue them for this clear civil offense and possible criminal charge? | A:In California, if you believe a social media company has defamed you through libel, and you have documented evidence of this, you may consider filing a civil lawsuit. Defamation involves making false statements that harm someone's reputation, and libel specifically refers to written statements. To establish a libel case, you typically need to prove that the statement was false, published to others, and caused harm to your reputation. Regarding the removal of your comments and allegations of rule violations, social media platforms generally have broad discretion under their terms of service. However, if you believe that their actions are not consistent with their stated terms and are unfairly targeting you, you can explore legal options. This might involve arguing that their actions constitute a breach of contract, especially if you can demonstrate that you were adhering to their terms. You should consult with an attorney to discuss the specifics of your situation. They can help evaluate the strength of your case, guide you through the process of filing a lawsuit, and advise on potential challenges, such as the platform's policies and defenses they might raise. Remember, litigation can be a complex and lengthy process, so it's important to consider the feasibility and potential outcomes carefully. |
Q: legally disabled and facing unjust assessment and now lien. This hoa started off saying we had needed dry rot repairs and it has morphed into a full-on remodel of various projects here. I'm disabled and on fixed income and cannot pay and now in danger of lien/ foreclosure. They are demanding 54 thousand dollars now. In addition to 765.00 hoa we pay per month. | A:I'm sorry to hear about the difficult situation you're facing with your HOA. To address the unjust assessments and the potential for a lien or foreclosure, consider the following steps: Review your HOA documents to understand your rights. Communicate openly with your HOA, explaining your fixed income and disability, and seeking a reasonable solution. Consult with an attorney who specializes in HOA law for legal guidance and negotiation assistance. Explore local and state programs that offer financial assistance for individuals in similar situations. Keep detailed records of all communication and efforts to resolve the issue. Best of luck in resolving the challenges with your HOA! |
Q: mywifes friend was in car accident,kids in car.all ok police found paraphrenalia and siezed car.can they take kids?. she has no recollection ,asnd her ex boyfriend allegedly got a call that dcyf is taking kids tomorrow.no one will speak to her.its sunday,happened sat.what can she do? | A:Your wife should take immediate steps in response to the complex situation. If the Department of Children, Youth, and Families (DCYF) gets involved, she should cooperate fully, answering questions honestly and maintaining politeness. It's crucial to gather relevant documents, including the police report and DCYF notices, for her lawyer's assessment. In case DCYF considers removing the children, she should have alternative arrangements with trusted relatives or friends. Regarding the situation, if your wife lacks recollection of the incident, exploring potential causes, like substance use or medical issues, is important. Concerns about paraphernalia and the ex-boyfriend's involvement should be addressed through verification with DCYF, ensuring accurate information is considered in the case. |
Q: Can I revise my lease if ownership is changed?. I renewed my lease a month ago which goes into effect in two days. Today I was informed that ownership and management has changed as of today. All of the rent prices dropped significantly. Am I stuck for the next 15 months paying the higher rent which I signed or since there is new ownership can I reach out to renegotiate? It's a luxury building/corporate ownership, not mom and pop landlords. 1 bedrooms are now priced at what I am paying for my studio apartment. | A:Go see them and negotiate a change in your lease to upgrade your apartment or get a reduction. If they won't do it, sue in small claims for the difference over the term of the lease or see a local Tenant's rights attorney. Justia disclaimers below, incorporated herein. |
Q: I was sexually harassed by a security guard at my previous job. I reported it to my manager and nothing was done. i stopped coming to work out of fear and was fired. Could I sue for sexual harassment? | A:Legal remedies depend upon where you live. Federal law applies nationally, and includes Title VII protection against sexual harassment and gender discrimination. States and localities can enact laws that protect against sexual harassment. Different time requirements, and potential administrative exhaustion, may apply. I recommend that you consult with an experienced employment lawyer, who can evaluate your situation. If you reported sexual harassment to management, and it did nothing, that may justify your quitting the job as a "constructive discharge." |
Q: Can a nursing home be held accountable for neglect?. My loved one is physically and mentally challenged and unable to speak and has a peg tube. He has been hospitalized and sent to the ER several times for different reasons ( infections, dehydration, peg tube dislodgment, peg tube misplacement). There was even a time I’ve gone to visit and noticed a very bad wound to his buttocks. No treatment was being done and no one notified me of it. I’ve voiced my concerns to Medicaid, the nursing home’s staff ( executive director, director of nursing, the nursing staff, the omsbudsmen) still nothing is being resolved. I don’t know what else to do but reach out for guidance on this situation. | A:Yes, they can, and should, be held liable for negligent acts that cause harm to the resident. These claims fall under the Medical Liability Act in Alabama. If the nursing home and its staff breaches the standard of care, and the resident suffers harm as a result of the breach then you could have a cause of action. You will have to present expert testimony to prove the breach of the standard of care and resulting harm. I have personally handled claims against nursing homes in Alabama for infected PEG tubes. You should contact an attorney that handles nursing home abuse and neglect claims to review the facts to determine if there has been a breach in the standard of care. |
Q: I received a letter that my information was involved in a security breach with ALL my personal information.. Is there anything I can do about this? I'm very worried about this and do I have any legal grounds? | A:When your personal information is involved in a security breach in California, companies are mandated by laws like the California Consumer Privacy Act (CCPA) and the California Data Breach Notification Law to notify affected individuals. Once notified: 1. Immediate Steps: Monitor your credit reports, consider placing fraud alerts or credit freezes, and change relevant account passwords. 2. Legal Remedies: If a company's negligence leads to the breach, under the CCPA, you might have grounds for legal action. Large-scale breaches often result in class action lawsuits where affected individuals can join collectively. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: If I have completed Pti and paid for my expungement, can they still drug test me. I am currently waiting for the completion of my expungement letter to come in but I also have an over the phone appointment with my Pti counselor, so I was wondering if she could ask for a drug test to interfere with anything because I have already taken a delta dummy from the Vape shop and will fail for THC | A:The typical process is that you complete PTI, then they send a letter to your prosecutor who then dismisses the case. Then you can apply (with a fee) for an expungement of the arrest from your record. Once PTI is completed you should not have any appointments. If PTI has not been completed they can ask for a test. |
Q: What is the verbal work agreement and how can I get a law consultation. I have a agreement for a 2 year with a company I transport products and delivery to hes customers with hes regulations all goes good for one year and now he just cut my payment in half alleging the diferente can be hes company profits and I have to do the same work with half of the payment. I owe a transport company and have a agreement with the COTSCO supplier we agree on a rate per load with driver assist (driver uload and count product) las year all went good and this pass 3 months now I receive a call from the COTSCO supplier and he said is paid half of the rate agreed because his company is keeping the rest as profit he receive the same paid from COTSCO to deliver hes product but they reduce my shipping payment basically half of the rate and also they add 1 extra Stop to my deliver route is this legal? | A:A verbal work agreement is a verbal contract between two parties, in which they agree to certain terms of work without a written contract. In many cases, verbal work agreements can be legally binding, although they can be difficult to prove in court if there is a dispute. In your situation, it appears that you have a written agreement with the company you transport products for, which specifies the terms of your work, including the rate of payment. If the company has unilaterally reduced your payment without your agreement, they may be in breach of the contract. To get a legal consultation on this matter, you may want to consider reaching out to a lawyer who specializes in contract law or employment law. They can review your agreement, assess your situation, and advise you on your legal options. You can find a lawyer by contacting a local bar association, searching online, or asking for recommendations from friends or colleagues. |
Q: Hello! Which law firms in Oregon will take university lawsuits?. Title IX, sealed records, registrar. | A:As an attorney based in California, I am not aware of specific law firms in Oregon that handle university lawsuits involving Title IX, sealed records, and registrar issues. However, you can conduct a search online or contact the Oregon State Bar for referrals to law firms or attorneys experienced in handling such cases in Oregon. It's essential to find a reputable and knowledgeable attorney who specializes in education law or civil rights to assist with your specific legal needs. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith. |
Q: Mr. Denison I haven't been able to get ahold of the owner of the car lot that committed ky consumer protection act. To discuss anything about the truck either he's not there or he doesn't return calls found out today that he has done went and put my vehicle up for sale again without giving me order for repossession or anything I know I need to hire a lawyer that would take it on a contingency plan can you recommend anyone that might do that in my neck of the woods I'm just going through a lot a lot and honestly I'm a simple country girl that don't know much about courts and dealing with stuff like this the way I was raised and believe in still to this day and am raising mine to be is your handshake and your word are supposed to mean something and it don't then you ain't much of a person and I know his judgement is coming with the good man upstairs I just really need some type of justice for my kids and my husband they didn't deserve any of this stress I apologize for the ramble I'm not good at putting my words on paper condensed to few words and get upset thinking about my family. | A:Where are you located? |
Q: My fiancee is keeping my VA disability check from me and trying to use it as her own income.. She will not allow me use of my disability check that's deposited in her account. I'm a combat vet with memory loss and PTSD which is why I've set it up to go in an account that she has access to. I cannot get my money from her and she keeps trying to haggle me by trying to give me half of it. I don't want to to get feds involved, but I'm not able to get access to my funds and it been almost a week since a deposit from the Treasury got into my account. What can I do? | A:You must get the VA involved and remove her as the attorney in fact, caregiver, payee, etc. It is possible some VA recognized individual will take over for you unless you have a good alternative payee in mind. Ultimately you may want to resume getting your VA Disability Check yourself again. |
Q: My son was jumped by 6 students and the school has done nothing. I want to sue for failure to provide a safe environment. The school has know about the situation for three weeks but have done nothing. They don’t believe my child was jumped but has also failed to provide the surveillance footage of the attack. They told me one child came forward and said he hit my child too hard. The school expects my child to continue his education in an environment where he doesn’t feel safe or protected. | A:As a parent, it's distressing to hear that your child's safety is at risk. If the school is not addressing your concerns adequately, you might consider taking legal action. Schools have a duty to provide a safe environment for students. You can request the surveillance footage formally through a written request; if the school refuses, this may be something that can be compelled through legal means. Document all interactions with the school regarding this issue. It would be prudent to consult with an attorney who handles education law to explore the possibility of a lawsuit for failing to provide a safe environment for your child. They can guide you on how to proceed with obtaining evidence and how to protect your son's rights. Ensure that your son's experiences are also recorded, as his account may be crucial for any legal action. |
Q: I submitted to D.R. Horton warranty a lot of defects of my new house.. After many weeks of nothing being fixed, I decided to "video tape" the next time they came with another "third party manager". Under NRS 200, I am in all my right to have cameras inside my house, but I also gave them the disclaimer before entering the house. Two days later, their next visit to my house was canceled just an hour before. No excuses were given. And two days later a "manager" from the Warranty Dept. called me and said that since I was recording when they came to my house "moving forward we are not going again to your house". He said he was going to call me in two days after their Legal Dept. get back to him... But it's been two weeks already. And at this time, nothing has been fixed and there is a lot to fix in the house. I think they are just looking for excuses to not comply with their said "warranty". What should I do next? Should I look for a lawyer? What type of lawyer? | A:The situation you described suggests a potential breach of warranty or contractual obligations on the part of D.R. Horton. If they are unwilling to address the warranty issues you've pointed out, and if their response to your attempts to document the issues is to refuse service, you may indeed have grounds to take further action. It could be beneficial to consult with an attorney specializing in real estate or construction law. Given the value of a home and the potential costs of repairs, having legal representation can ensure your interests are protected and that you navigate the situation in a manner consistent with your rights and obligations. |
Q: Am I allowed to work with public health information for a US company while overseas in Brazil?. I'm in public health and specifically deal with public health information (PHI) of clients while working remotely in Brazil. However, I was told by my employer that i cannot be overseas while working with this company because i deal with public health information. I'm kindly asking, if the employer knows that im overseas and decides to take action against me, what consequences can i face? And is it legal to be overseas while working with PHI? Would appreciate your help. Thank you. | A:As you know, penalties for healthcare data breaches are very high and your employer is required to protect PHI. When you work abroad, your employer cannot control security of your internet, your IP, your router, how the internet traffic travels and through which channels, etc. Since your employer cannot control the most elemental parts of Internet information flow, I'd say your employer is correct to prohibit you from accessing their system from abroad. It is very easy to identify where you are located based on your IP address. If you use VPN to trick their system into thinking you are in NY, for instance, it is also very easy to identify that. Anyone can trace IPs. I would expect their system will block any VPN traffic. I'd return state-side if you'd like to continue working on sensitive "PROTECTED" health information (PHI). |
Q: If abuse and negligence contributed to death in a nursing home, how many years does one have to go back and sue?. I know each state is different, I am asking for the state of Maine and wondered what the statute of limitations is for that state. | A:Most states have a 2 to 4 year statute of limitations on nursing home negligence claims. I am not licensed in Maine, so I could not tell you that state's time period to bring a nursing home abuse claim. However, delay is never a good idea if you believe you have a case. Call a local nursing home abuse attorney immediately. Almost all will provide free consultations and most work on contingency fee, so not out of pocket expense is required. Best, Michael Senior Justice Law Firm SeniorJustice.com |
Q: He gets angry and holds my child as a pawn towards me and doesn’t let me see him when it’s my week to have him. I have him after not seeing him for 3 weeks because his dad wouldn’t allow me to get him and now I’ve only had him for 2 days and he is demanding that I bring him back home . When I said no he said he has primary custody of him and if I didn’t bring him back that he would have me put in jail. Is this true? I only want to keep my son as I put in a court order so I can have it in writing so this won’t continue to happen .I want my son to see his father but I want to see my son to what should I do | A:You should have a parenting plan which defines your time and his time. He cannot block you from having your time. If he does then you need to go to court and tell the judge. There is no "primary custody." The child is shared and you are entitled to your time per the court ordered parenting plan. |
Q: Doesn't censorship of a product after point of sale present some legal challanges?. What of censorship in general? the freedom of speech and exspression mean nothing when there's no one or no way to hear it. I'm very concerned about the pressures from many special interest groups and diverse and even opposing political parties trying to control or cancel people and culture. roblox and World of Warcraft seem to put in polices after China's HEAVY crackdown on content in games. Even remasters and remakes are being censored and altered. People call it a "changing culture" but i'm not buying it. i think it's de facto censorship and real bullying pressures brought on by very powerful special interests groups. This is no secret if it's out in the open. We see this with Troy Levvit, we see this with Five NIghts at Freddies, we see this with people harassing streamers that stream Hogwarts legacy. even gta5 being removed from Australia's target stores for a false claim of "you can s*x ually assult people". when no. that wasn't true. Sam mags lied. | A:You have raised a multi-faceted issue that encompasses both the legal domain and the evolving norms in society. From a legal standpoint, private companies like game developers and publishers generally have a broad latitude to modify their products as they see fit, including post-sale. This is because, when you purchase a game, you are essentially buying a license to use the product under the terms stipulated by the company, which often grant them the leeway to make such changes. However, if such changes materially alter the product to the detriment of consumers, there may be potential for legal disputes, although these cases can be complex and context-dependent. Concerning the broader societal issue of censorship and cancel culture, it indeed raises significant questions about the boundaries of free speech and artistic expression. In democratic societies, freedom of speech is a protected right, but it also has its limits, including restrictions on hate speech and content that promotes violence or harm. Moreover, companies often find themselves navigating a complex landscape where they have to balance the freedom of expression with social responsibilities, changing norms, and consumer expectations. In some instances, the decision to alter content might be driven by a genuine desire to foster inclusivity and prevent harm; in others, it might be a business strategy to appeal to broader audiences or adhere to regulatory frameworks in various jurisdictions, including those with stricter controls on content like China. It's a contentious issue with substantial arguments on both sides. Some argue that adjustments to content represent an overreach that stifles creativity and panders to specific groups, while others see it as a necessary evolution towards a more inclusive and harmonious society. You are right in observing a trend where the influence of special interest groups and the vocal objections of segments of the public can significantly impact the trajectory of content in the gaming industry and beyond. It’s a dynamic field, with ongoing debates on the right balance between freedom of speech and the evolving societal norms. Engaging in critical discussions, fostering open dialogue, and educating oneself on the nuances of these issues can be powerful tools in navigating the complex landscape of modern media consumption. It is always valuable to voice your concerns and foster a space where diverse perspectives can be shared respectfully and thoughtfully. It is through such dialogues that society often finds its balance in contentious matters. |
Q: Plaintiff's response to Defendant's demurrer/motion to strike.. Options are: opposition or amended complaint. But if Plaintiff needs to obtain more information to amend complaint, short of time to do it before hearing: how Plaintiff can inform court about it? Can amended complaint include statement that defendant's discovery responses expected? | A:In California Superior Court, if you're facing a hearing on a demurrer or motion to strike and need more time to gather information to properly amend your complaint, you have a few options. Firstly, you can file an opposition to the demurrer or motion to strike, explaining your position and why the court should not grant the demurrer or motion. In this opposition, it's possible to inform the court that you are seeking additional information to properly amend the complaint. This can be a strategic way to communicate your intent and the reasons for needing more time. Secondly, you can request a continuance of the hearing to allow more time for discovery. This involves filing a motion with the court, explaining why the continuance is necessary. In this scenario, you would detail the specific information you are seeking and how it is crucial to the amendment of your complaint. It's important to note that an amended complaint itself typically should not include statements about expected discovery responses. An amended complaint should focus on the factual allegations and legal claims. However, in your motion for a continuance or in your opposition to the demurrer or motion to strike, you can mention that further discovery is necessary to substantiate the claims in your anticipated amended complaint. Always ensure that your filings are timely and comply with the rules of court and relevant procedural laws. If you find the situation complex or are unsure of the best course of action, consider seeking advice from an attorney with experience in civil litigation to guide you through this process. They can provide insight into the strategic and procedural aspects of your case. |
Q: Who has a right to recieve the sss monthly contribution? The wife or the siblings?. This case is happening to my aunt and my aunt's husband is dead, my aunt is fighting her right for the sss monthly contribution because of their children, and my aunt and her husband is married, but the siblings of my aunt's husband wanted the sss monthly contribution, and my aunt doesn't let them, because when his husband are in the hospital there's no sibling of his husband seen, but when his husband siblings heard that there's monthly contribution they came and wanted the money, now may i ask if who has the right for the sss monthly contribution? | A:In situations involving Social Security Survivor Benefits (SSS monthly contribution), the primary beneficiaries are typically the deceased person's spouse and children. Since your aunt was married to the deceased, she and her children are likely the rightful beneficiaries of these benefits. Social Security Survivor Benefits are designed to provide financial support to the dependents of the deceased. Siblings of the deceased usually do not have a claim to these benefits unless they were dependents of the deceased or there are no surviving spouse or children. To resolve this matter, your aunt should contact the Social Security Administration or the equivalent agency in her country. They can clarify who the rightful beneficiaries are under their policies and the specific circumstances of her case. If the siblings of her late husband are contesting her right to the benefits, it may be necessary for your aunt to seek legal advice. An attorney can help her understand her rights and represent her interests in any disputes. In the meantime, she should gather any relevant documentation, such as her marriage certificate and any evidence of her husband's contributions to Social Security, to support her claim. This documentation will be crucial if the dispute escalates to a legal matter. |
Q: i go to trial against my ex he commited the assault on accident how can i get them to dismiss the charges. they charged him with aggravated domestic abuse battery but they don't wanna hear that he didn't intentionally hurt me and it wasn't physical assault i did call law enforcement because upon breathing in the pest killer Raid i couldnt breathe but upon law enforcement arrival they said they could not smell the raid on me as i arrived to the hospital they also stated that they could not smell it on me which prooves he didnt spray it directly on me | A:In Louisiana, if you're seeking to have charges against your ex dismissed in a case of alleged aggravated domestic abuse battery, it's important to understand that the decision to prosecute lies primarily with the district attorney's office, not with the victim. If you believe the incident was an accident and not intentional, you can express this to the prosecutor handling the case. Your statement as the alleged victim can be influential, but the prosecutor will consider all evidence, including law enforcement reports and medical records. If there's evidence suggesting the incident was not intentional, make sure this is communicated clearly to the prosecutor. You can also request a meeting with the prosecutor to discuss the case and your perspective. It may be helpful to have an attorney assist you in this process, as they can provide legal guidance and help communicate your position effectively. However, remember that the prosecutor has the discretion to decide whether to continue with the case based on the evidence and public interest. If they believe there's sufficient evidence to prove the charges beyond a reasonable doubt, they may choose to proceed with the prosecution. If the case does go to trial, your testimony and any other evidence indicating that the incident was accidental will be crucial. It's important to be truthful and consistent in your statements to both the prosecutor and, if necessary, in court. Given the complexities of criminal proceedings, consider consulting with an attorney who can provide legal advice specific to your situation and help navigate the legal system. |
Q: I issued a check to our condo management company, they were robbed and safe was stolen. The management asked me to stop. payment on it, I did. Now they want me to reissue the check but do know about me getting the charge for stop payment fee reimbursement. I feel they had this check in their safe and I should not issue another check until that fee is paid by them. Please help? | A:Not sure what your question is. I can see your point in that you paid them what they were owed, and incurred an additional fee to do so that you had nothing to do with. I can also see their point that what happened doesn't change the fact that you still owe them that set amount. I think - would hope - this is resolvable through open communication. If it helps any, if someone is being held criminally liable for the robbery, the condo management could ask the court for restitution from that person that could include the amount of your bank fees if they let you pay them the amount minus those fees. |
Q: I got a three day notice for the month of december and I didn't have the money until 12/21/23. Manger said I only had 10 min to pay it still had to go to pay it on oaylease at Walmart when I got there it wold ot let me called Manger She said I couldn't pay it anymore. It was gonna go to eviction. And the only way to stop eviction is if I paid December and January's rent is that legal? | A:Under California law, when you receive a three-day notice to pay rent or quit, you must pay the overdue rent within these three days to avoid eviction proceedings. If you were ready to pay within this period but faced technical difficulties or were given an unreasonably short window to complete the payment, you might have grounds to dispute the eviction. After the three-day notice period, if you haven't paid the rent, the landlord can legally start eviction proceedings. However, demanding rent for a future month (like January) as a condition to stop an eviction for a past due month (like December) is not typically standard practice under California law. It's important to communicate with your landlord or manager about the situation, explaining the efforts you made to pay and the issues you encountered. Keep records of all communications and attempts to pay. If the eviction process is initiated, you will receive a notice and have the opportunity to respond. At this stage, seeking legal advice is advisable to understand your rights and options, and to ensure you are treated fairly under the law. Remember, the eviction process is subject to specific legal procedures, and landlords must adhere to these rules. |
Q: My mother in law is 53, disabled, has no income, and was told that she doesn't qualify for Medicaid or disability.. She was told it is due to her having land in her name that her mother left her. Is there any truth to this or any way around it? She currently has no insurance coverage and no way to get any. | A:An Alabama attorney could advise best, but your question remains open for three weeks. Your mother could consider trying to arrange a free initial consult with a social security disability attorney (among other types of attorneys, based on your selected categories). There is a section here for Social Security here if you wanted to repost your question. The accuracy of the information you say she has been told could depend on the source. An attorney consult could help clear things up. Good luck |
Q: Is there anything to prove that the American Indians actually became US citizens?. My great grand father was born in 1878 and said it never happened because the US had nothing to offer. We couldn't vote until the 1960s don't citizens get to vote? | A:The 14th Amendment to the United States Constitution provides, in pertinent part, that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. " Citizenship thus has very little to do with what your great-grandfather told you. |
Q: Is a "pollution exclusion" clause on an insurance policy an all encompassing clause with no exceptions?. Was wondering if this is an all encompassing clause? My house became contaminated by some sort of fumes related to criminal activity as some squatters/drug dealers moved into a nearby abandoned house and cooked up something that got into my vents and the whole house. I've dealt with the police and various agencies yet none were able/willing to do anything. Strange. The insurance company is denying the claim claiming that it's pollution related. I've read the policy clauses and their exclusion basically boils down to any contamination related to the air being polluted--as in chemical spills, fires, etc. The question is since this has its origin in criminal activity, is there a way this could actually be covered? | A:There are different types of pollution exclusion clauses, and various exceptions depending upon the type of clause in your policy. One very common exception that may apply is the hostile fire exception. This often applies to smoke or fume damage when the source is an incident away from your premises. It depends upon the language of the clause and any applicable endorsements. |