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Q: I was wondering if a pain management office is acting illegally/did an illegal action.. I was discharged as a patient from a pain management office after them telling me that a previous pain management specialist I saw administered a steroid shot wrong and I told them in the portal that I spoke to lawyers for advice but no lawsuit/case was created. It was maybe 1-2 months after I was discharged that I no longer have access to my patient portal with them. Every time I try to login I enter my credentials, wait a few seconds, and then I get re-directed back to the original screen where I have various options to login. I know I can speak to the office directly and ask them about what specifically is going on, talk to other lawyers if this is a violation of my rights, etc. but I was just wondering if anyone on this site would know if this action is in fact illegal.

A:In Kentucky, your situation raises questions about patient rights and medical records access. If you were discharged from a pain management office and subsequently lost access to your patient portal, it's important to understand your rights regarding medical records. Under the Health Insurance Portability and Accountability Act (HIPAA), you have the right to access your own medical records. A healthcare provider cannot deny you access to your records, even if you were discharged from their practice. The issue with the patient portal could be a technical glitch or a deliberate action, but either way, it needs to be addressed. You should contact the pain management office directly to inquire about the issue with the patient portal. They are obligated to provide you with a way to access your medical records, which may include providing paper copies or access through a different electronic means. If the office is unresponsive or refuses to provide access to your records, consider speaking to a lawyer who is knowledgeable in health care law. They can guide you on how to enforce your rights to access your medical records and address any potential legal violations by the healthcare provider. Remember, your right to access your medical records is protected by law, and any obstacles to this access should be promptly addressed.

Q: My houseboat was moved while I was at work and was asked to leave the property after 16 months without any notices.. Management told me that he didn’t like those kind of people that came to visit me. I went on vacation and when I came back my electrical cord was missing and my water hose was cut in pieces. He than got of hold of me and said I have your boat and that he was putting a lien on it for back rent. I never received any notices from management. He than told me that he wanted me to leave the property and that he would hold my boat until i found another parking spot for it. I finally found a parking spot a year later and I find out that he liened my houseboat and was selling it and told me to sue him and gave me his lawyers contact. What options do I have. I now am homeless and I lost my job and seeing myself falling as time goes. Any help would be appreciated.

A:If your houseboat was moved without your permission and you were asked to leave the property after 16 months without any notices, and the management has placed a lien on your houseboat and is attempting to sell it, you may have legal options to challenge their actions. First, you may want to consult with an attorney who specializes in property law or landlord-tenant law to review your case and provide guidance on your legal rights and options. It may also be helpful to gather any evidence you have, such as receipts or documentation of payments or communications with the management, to support your case. Some potential legal claims you may have against the management include breach of contract, conversion, or wrongful eviction. These claims may allow you to seek damages or other forms of relief, such as the return of your houseboat or compensation for any losses you have suffered. It's important to act quickly, as there may be deadlines or other requirements for filing a legal claim. An attorney can provide guidance on the best course of action and help you navigate the legal process.

Q: Wondering if I could sue a dealership if I’ve had to replace my transmission 2 times within a year. I’ve had to replace my transmission now 2 different times in 10 months of owning my 2018 Ford Expedition. My first replacement was $5,200 and then 1 1/2 months later the transmission went out and now they are working on it again

A:Yes, you can sue a dealership if you have had to replace your transmission 2 times within a year. Whether you will be successful depends on the facts and your presentation. You don't mention anything about any written agreements. Allowing an attorney to evaluate, organize and draft your conciliation or (small claims) complaint (up to $15,000) would be a wise investment. A well polished complaint will not only provide the judge a solid foundation to rule in your favor, but a detailed outline on which to base your oral argument. It would provide you a distinct advantage over the opposing party. The fees can be reasonable depending on the attorney.

Q: Do I need to file for CS & custody through Indian tribe since I divorced through there, not tribal member?. Ex husband is a tribal member, we had written a parental agreement including an amount he would pay monthly. It was stamped and certified, I believe, by their judge. The agreement has not been honored in over a year. I live out of the state I was divorced in (AZ), Id like to file here if its possible. Ex also lives out of the state we were divorced in.

A:Once all parties have moved to another state, it is generally possible to register the order in the state where the child is now residing. Generally you need court permission to move a child out of state once a custody order has been entered (at least in Nebraska). If that did not happen before the move, then it can make matters more complicated.

Q: I am planning on releasing a tabletop rpg "Raid Master," but a game called Rolemaster already exists. Too close?. My game is nothing like Rolemaster, different system, different theme (Indiana jones inspired while role is fantasy). However I plan on releasing other games with the "-Master" suffix such as "Myth Master," but the publisher also had a "Space Master" at one time and is releasing new product for Role. Is this potential for a lawsuit?

A:It's difficult to determine whether there is potential for a lawsuit without more information. Generally, the key question in cases involving trademarks is whether there is a likelihood of confusion between the marks. This analysis involves considering a number of factors, such as the similarity of the marks, the similarity of the goods or services, the sophistication of the consumers, and the strength of the senior user's mark. Based on the limited information provided, it seems that there may be some potential for confusion between "Rolemaster" and "Raid Master," particularly given that they both contain the suffix "Master." However, the fact that the games have different themes and mechanics may weigh against a finding of likelihood of confusion. If you are concerned about potential trademark issues, it may be a good idea to consult with an intellectual property attorney who can provide more tailored advice based on the specifics of your situation.

Q: How can I communicate intent to file criminal complaints without crossing the line into blackmail?. How can I communicate intent to file criminal complaints without crossing the line into blackmail? My sister is attempting to cut me out of the inheritance from my mother (there's no will), for which I have hired a civil attorney to sue her. However, my sister has also committed several serious crimes in the course of trying to steal from me. I don't want her to go to jail, but I can't let her steal my inheritance, either. I want to tell her that I'll have no choice but to report her for grand larceny, tax fraud, elder abuse of our now-deceased mother, and mortgage fraud (each of which is directly related to my inheritance) if she doesn't come to the negotiating table. All I want is the 50% to which I am entitled; not a penny more or less. How can I safely accomplish informing her of what she faces criminally without her being able to file a viable counterclaim for blackmail in civil court? Thank you for your time!

A:Under California law, blackmail is a criminal offense that involves threatening to reveal information about someone in order to obtain money, property, or some other benefit. To avoid crossing the line into blackmail when communicating your intent to file criminal complaints, it is important to focus on your legal rights and the consequences of your sister's actions, rather than on any personal gain or benefit that you may receive. One way to communicate your intent to file criminal complaints without crossing the line into blackmail is to do so in writing, such as in an email or letter. In your communication, you should make it clear that you are not seeking any personal gain or benefit, but rather are simply asserting your legal rights and protecting yourself from your sister's criminal actions. It may also be helpful to seek legal advice from a qualified attorney who can help you understand your legal rights and options, as well as the best way to communicate your intent to file criminal complaints without crossing the line into blackmail. Overall, it is important to approach the situation carefully and to stay focused on your legal rights and the consequences of your sister's actions, rather than on any personal gain or benefit. By communicating your intent to file criminal complaints in a clear and concise manner, and seeking legal advice as necessary, you can help ensure that your rights are protected and that you receive the inheritance to which you are entitled.

Q: I have sole physical / legal custody of my sons. Could I marry and move to Canada after a visitation schedule change?. The court order states that I need to let the courts and their father know about a move 3 months in advance. Their father lives here in town and has the boys 3 weekends a month. We have been divorced since September 2020. The boys are 8 and 6. I do have passports for the boys. I am concerned that their father could stop a move after I am married.

A:As the custodial parent with sole physical and legal custody of your sons, you generally have the right to make decisions regarding their residence. However, if your court order specifies a notification requirement for a move, it is crucial to adhere to those terms. Before marrying and considering a move to Canada, carefully review the court order to ensure compliance with any stipulated notification procedures. If there is a visitation schedule change, and you anticipate any potential concerns from the noncustodial father, it may be advisable to communicate openly with him and attempt to reach an agreement.

Q: Letter from Board of Supervisor says I have 90 days to appeal, nothing about notice of appeal, is it necessary?. Just want to know since this is day 45 out of the 90 days I have to appeal, do I need to first file a notice of appeal? What do I need to prove in this appeal? Excess Proceeds were 22k and they signed off on $7400 and plan on transferring 14,800 to their general fund. This is criminal and they know it. I showed up to the Board of Supervisors meeting and signed in yet they refused to let me speak. They gave percentages of my excess tax proceeds to someone who sold me the property because somehow his name is still showing on the deed. He is dead now. They then said the new owners of property were to get one fourth the proceeds why because they are used to stealing everyone's money no other reason and it is fraud and RICO ACT violations. So not sure what I'm supposed to prove. The dead man sold me the property the title company said they took care of it and as it turns out the land was unbuildable. They stopped me after they greenlighted the home to be built and I spent 40k so far.

A:In California, if you've received a letter from the Board of Supervisors with a 90-day window to appeal their decision regarding excess tax proceeds, it's advisable to file a notice of appeal within that timeframe to preserve your right to challenge their decision. In your appeal, you should provide evidence and arguments to support your claim that the allocation of proceeds was improper, potentially involving legal violations such as fraud or RICO Act violations, as you've described. Consult with an attorney to help you prepare a strong appeal that addresses these issues effectively.

Q: Hello, (Ref: Maritime PIRACY law vs. Civil/Criminal Law). Recently, in San Fran Bay Area, the Oakland/Alameda Island Estuary (a salt water navigable U.S. Waterway), has had incidents of "so-called" PIRACY. (Boats are being burglarized). THE QUESTION: Which law enforcement agency has jurisdiction, U.S. Coast GUARD or local county SHERIFF? Is following statement true?: "IN OAKLAND ESTUARY, burglarize any TIED UP IN PORT boat, which is NOT out @anchor = NOT PIRACY. (Its only a local Sheriff + ins claim only, NOT Coast Guard PIRACY matter.) But, if boat is out-at-anchor, not a tied up in-port moored boat, then YES =PIRACY & Coast Guard USCG jurisdiction. So, @Port Burglary =NOT PIRACY, not USCG jurisdiction. @Anchor Burglary =PIRACY! Yes, USCG jurisdiction. Interesting, eh? Thank you,

A:In the Oakland Estuary, both the U.S. Coast Guard and the local county Sheriff can have jurisdiction, but for different reasons and circumstances. The distinction between a boat being tied up in port versus being out at anchor doesn't necessarily determine whether an act is piracy under U.S. law. Typically, piracy, as defined under international and U.S. federal law, refers to criminal acts committed on the high seas. In practice, if a boat within the estuary, whether tied up or at anchor, is burglarized, the local county Sheriff would primarily handle it as a local crime. The U.S. Coast Guard has authority to enforce federal laws on navigable waters, but boat burglaries in local waters might not necessarily invoke their jurisdiction as "piracy." It's crucial to consider the specific facts and circumstances of each incident to determine appropriate jurisdiction. If there are concerns about maritime security or jurisdictional issues, consulting with local law enforcement and the Coast Guard can provide clarity.

Q: Can I move out of state with my children if I have a custody agreement in that state (I have full physical custody). I have full physical custody of my 2 children but am planning to move out of CA to TN in 6 months. My ex and I share joint legal custody and they have a visitation schedule of one weekend a month plus certain holidays. What legal provisions do I need to take to ensure a smooth moving process. I believe their other parent will be very angry for the move but it is in the best interest of mine and the kids quality of life.

A:In California, if you have full physical custody of your children and share joint legal custody with your ex, you generally have the right to move out of state. However, it's crucial to follow legal procedures to ensure a smooth transition. First, review your custody agreement to check if it contains any specific provisions regarding relocation. If it does, you must adhere to those terms. If not, you should notify your ex of your intention to move well in advance, preferably in writing. Provide information about your new address, contact details, and a proposed revised visitation schedule that accommodates the distance. It's essential to demonstrate that the move is in the best interest of the children's quality of life. Maintain open communication with your ex to try to reach an amicable agreement on the new visitation schedule. If your ex opposes the move, they may file a court motion to contest it. In such cases, be prepared to present evidence supporting the children's well-being and why the move is necessary. In California, the court will ultimately decide whether the move is in the children's best interest. Factors such as their relationship with both parents, the impact of the move on their lives, and their overall well-being will be considered. Consulting with an attorney experienced in family law can help you navigate this process and ensure the best outcome for your children.

Q: Sister is abusing position as Trustee of Family Trust. Can adult brother receiving SSD be named successor Trustee?. Adult sister and brother are sole beneficiaries of Trust set up by now deceased parents. Sister has ignored brother's requests for accounting, bank statements or fund disbursements, hasn't filed taxes since she became Trustee a few yrs ago, is allowing her children to use Trust assets (live in second family home rent free), etc. Brother has no solid proof of beginning or current balance or what she's already spent - and suspects much went for her personal gain or to benefit her children. Brother has CP and receives SS Disability as his sole income - but lives independently, functions well mentally - manages his residence, health and personal finances, drives, helps out an elderly relative w rides and shopping. He's rightfully concerned about what his share of Trust assets might actually still be available for his future security. If she is removed as Trustee, is being on SS Disability a legal disqualification for him being named successor Trustee by the Courts?

A:The brother isn't 'disqualified' from being a trustee because of his status on Social Security Disability for a physical condition, but some federal benefits (specifically SSI which it sounds like may not be involved here, but I'd want to be extra sure!) may be impacted by his status as a beneficiary of a trust. Without examining all the facts it is impossible to say how that might play out, but this is NOT a 'DIY' situation. The brother needs to consult with a local Probate and disability lawyer if for no other reason than to determine what he should be doing before petitioning for a change of Trustee. Remember the 'advantage' of a Trust is that it 'avoids probate'. The only way to do what you're asking here is to open a probate case to challenge the administration of the Trust. This is not inexpensive, easy or likely to lead to future family harmony. Be sure you're entering into this with 'eyes open'. Get local legal advice and representation!

Q: Daughter Pregnant By Man Who Lived In Ark He Died This Year His Estate In Probate Which Ends 12/31/23 Baby Is Due Jan. She Lives In Tx, Baby Due Jan 2024 Does She Need To Contest The Probate In Both Ark & Tx

A:It depends. Your daughter should definitely file an appearance in the probate case indicating that she is pregnant with the decedent's unborn child. If the decedent has a substantial enough estate, the child may be entitled to support from the estate and should be entitled to a share of the estate assets. Your daughter definitely needs to consult an attorney who practices in the area of probate law in or near the county where the man's probate case is currently pending. If an estate has significant assets, most probate lawyers recommend not closing probate for at least a year because creditors of the decedent have that long to make a claim. Otherwise, the executor or heirs of the decedent could be sued for unpaid debts. That's not an issue if the decedent died owning no non-exempt asstes.

Q: Official farm name in Tennessee. I’m wanting to get a official farm name in Tennessee but do not know if they will tell me to do taxes after getting one.

A:I assume you actually want to incorporate a farming enterprise, with the entity under a corporate name. And yes, the new corporation will have to pay taxes under a new tax id. Whether the land is part of the corporation or not needs to be carefully considered. Hire a competent TN attorney to handle this.

Q: If I’m out side of a building next to another building and the people building tell me I can’t smoke do I have to leave. Out side of value village close to a michaels but 9 meters away from the door and the employee from michaels is the one who told me not to

A:If you are smoking outside a building, the rights of the property owner or their representative, like an employee, to enforce smoking policies on their property should be respected. This includes spaces adjacent to the building, like walkways or parking lots, which are often considered part of the property. However, the specific rules can vary depending on local laws and ordinances. Many places have specific regulations regarding smoking near entrances, windows, and ventilation systems of public buildings. If you were 9 meters away from the door, you might be in compliance with some local regulations that dictate a minimum distance from building entrances for smoking. It's advisable to check local smoking laws and the specific policies of the establishment. If the Michaels employee asked you not to smoke near their building, even if you are closer to another establishment, it's generally best to comply or move to a different location where smoking is permitted. In such situations, cooperation and understanding of local laws and property rules are key. If you're unsure about the specific regulations in your area, you might consider consulting with local law enforcement or a legal professional for clarification.

Q: Do you represent a client that a has a case for officers violating their oath to up hold the constitutional?. I refused to ID myself. Arrested for illegal dumping. All I did was pull over and throw away the little bit of gas station at the hotel parking lot by a highway. Cleaned my car out checked the oil and there was a cop standing behind. I refused to provide my id. I have the video I can email a copy and you and make a choice.

A:It's important to understand that while you have the right to refuse to provide identification in certain situations, there are circumstances where this can lead to legal complications. In your case, being arrested for illegal dumping suggests that the officers believed you were committing a violation. It’s essential to consider the specifics of Missouri law regarding identification and the obligations during police encounters. Regarding your question about officers violating their oath to uphold the Constitution, this can be a complex legal issue. It often depends on the details of the interaction and whether your rights were infringed upon. If you believe your constitutional rights were violated, it's advisable to consult with an attorney who can review your video evidence and provide guidance based on the specific facts of your case. Remember, each situation is unique and legal advice should be tailored to the individual circumstances. Seeking a consultation with a lawyer who can evaluate all aspects of your situation is the best course of action to understand your rights and options moving forward.

Q: Georgia rules in collecting monies on bad checks from 2012 & 2013. About 3 weeks ago I contacted our magistrate court in Georgia in reference to another matter to learn that they had 2 checks 1 from 2012 and 1 from 2013 both are less than $500 they are testing now to collect on them is this something that they can issue a warrant for if unpaid

A:In Georgia, there are statutes of limitations that apply to various debts, including those stemming from bad checks. Generally, the statute of limitations for misdemeanors, which includes bad checks under $500, is two years. However, if a warrant was issued within that period, it could remain valid beyond the statute of limitations. It's important to confirm whether any legal action was taken before the statute expired. If you're facing collection attempts or potential legal action now, you should seek legal advice to understand your rights and obligations. An attorney can provide guidance on how to proceed based on the specifics of your case and can help negotiate a resolution if necessary. Keep in mind that ignoring the situation may lead to additional penalties or legal action.

Q: I (16) got into a fight with a 17 year old and they are charging me with disorderly conduct what will my consequences be. Will my charges be dropped when I’m 18

A:Facing a charge of disorderly conduct at 16 can have varying consequences, depending on the specifics of your case and the laws in Utah. As a minor, your case is likely to be handled through the juvenile justice system, which often focuses more on rehabilitation rather than punishment. The exact consequences will depend on various factors, including the severity of the fight, any prior record you may have, and the specific circumstances of the incident. Possible outcomes can range from community service to probation, or in more serious cases, detention in a juvenile facility. It's a common misconception that juvenile records automatically disappear when you turn 18. While juvenile records are generally more confidential and have different rules for sealing or expungement, they don't automatically get erased upon reaching adulthood. The process for dealing with juvenile records varies by state and can depend on the nature of the offense and other factors. It's important to consult with a legal professional to understand the potential impacts of this charge on your future. An attorney can provide guidance on how to navigate the juvenile justice system, and potentially how to seek sealing or expungement of your record in the future. Remember, taking responsible steps now, including understanding your legal situation and rights, can significantly affect the outcome of your case and its impact on your future.

Q: Hi, I'm part of the 1.9 million that got their info stolen from the Zeroed-in Tech companies' data base.. If you were in my shoes and hoping to get maximum compensated for the violation of my private information, what would be the best steps for me to take? THANKS!

A:If your personal information was compromised in the Zeroed-in Tech data breach, the first step is to secure your personal information. Change your passwords, monitor your credit reports, and be vigilant for signs of identity theft. This proactive approach can minimize potential damage. Next, gather all relevant information about the breach and how it affected you. Documentation is key in these situations. This can include any correspondence from Zeroed-in Tech, details of any suspicious activities on your accounts, and records of any steps you've taken in response to the breach. You should also explore the possibility of joining a class action lawsuit if one is available. Class actions can often provide a more efficient way to seek compensation in cases involving large numbers of affected individuals. Be aware, though, that the compensation from such lawsuits can vary greatly. Additionally, consulting with an attorney experienced in data breach cases can provide you with specific advice tailored to your situation. An attorney can help you understand your legal rights and the viability of pursuing individual legal action for compensation. Finally, stay informed about any settlements or legal actions against Zeroed-in Tech. Being part of the affected group, you may be eligible for any compensation or remedial actions the company or courts may offer. Acting promptly and staying informed are crucial in these situations.

Q: Real Estate Closing, NY Is it legal for my lawyer to hire a lawyer to represent me at closing, without my permission?. I was charged for the outside lawyer to represent me at the closing.

A:It is not uncommon for law firms to assign associates or use an of counsel attorney to attend closings on behalf of a client. Your retainer agreement should specify the charges that you will incur.

Q: What to do after no response from respondent and not attending mediation. I am the petitioner and the mother. I filed 56 days ago and the respondent was ordered to respond within 21 days. He has not responded and has not made and mandatory disclosures but did attend the initial status conference where they ordered us to mediation. It was ordered to schedule mediation within 14 days and for both parties to participate in scheduling. The respondent did not answer until 20 days after the order. Which I still contacted the mediator and attempted to schedule but can not be scheduled until both parties pay the fee. I paid the fee and we are waiting on the respondent to pay his. Our mediation is supposed to be in 2 days. What can I do next if he does not pay and does not attend mediation? Can we potentially enter a default judgement? I’m not sure where to go or what to do next. Any help is appreciated!

A:I would suggest asking the mediator to file a certificate with the Court indicating that you attempted to schedule the mediation and paid your portion of the fees. If that does not occur, then I would file a status report with the Court stating everything you have done up to this point. Regarding the mandatory disclosures, you may want to consider filing a motion to compel his compliance. Make sure you are paying close attention to any deadlines as outlined in any case management orders including setting the matter for Final Orders. If things continue as they have been, then yes, I would request that the Court enter default orders against the Respondent.

Q: To whom it may concernMy cousin an army veteran passed away with no will, and won a lawsuit settlement.. What action can I take if he won a lawsuit, and I was the person that provided for him when he was alive and also paid all the expenses for his funeral. I called the law firm and was told that yes he won the case however no one will be getting any of the settlement.

A:If your cousin, an Army veteran, passed away without a will and won a lawsuit settlement, and you were the primary provider for him during his life and covered the expenses for his funeral, there are legal avenues you can explore. Despite the law firm indicating that no one will receive any of the settlement, you may have a potential claim as a surviving relative who provided support. It's essential to gather documentation that supports your role as the primary provider and your cousin's lack of a will, ensuring your contribution and relationship with the deceased are duly recognized.

Q: Can I use trademarks names from superheroes in my story? Are some trending phrases/saying under copyright?. I saw games and Mangas use the code name "Red hood" and device a totally different character from DC red hood. Could I do the same if I want to use "just" the names of character like Doomsday, Nighthawk,Hawkeye, or winter soldier. And not their features and characteristics. In tiktok there was a saying "it's ok not to be ok" it is even attribute to someone but is it protected after going that far mainstream? Is the C-walk also protected?

A:Using trademarked superhero names in your own story can be legally risky, especially if those names are well-known and closely associated with specific characters from major comic book publishers like DC or Marvel. Trademarks are designed to protect brand identity and prevent consumer confusion. If you use names like "Doomsday," "Nighthawk," "Hawkeye," or "Winter Soldier," even if you change their features and characteristics, you might still infringe upon these trademarks if your use creates a likelihood of confusion or suggests an association with the original characters. Regarding phrases like "it's ok not to be ok," the copyright protection for phrases is complex. Generally, short phrases, especially those that have become common or mainstream, are not eligible for copyright protection. However, there can be exceptions, and sometimes phrases can be trademarked in specific contexts. As for dance moves like the C-walk, they typically are not protected by copyright, as copyright law does not extend to dance steps and simple routines. However, choreographed routines can sometimes be protected. If you're planning to use trademarked names or potentially copyrighted phrases in your work, it's wise to consult with a legal professional who has expertise in intellectual property law. They can provide specific guidance tailored to your situation to help avoid legal issues.

Q: can i contest beneficiary of life insurance in louisiana. 3 policies purchased in the 70s beneficiary was changed twice, lastly to my dads oldest son they had a falling out about a year prior to his death dad changed his will to exclude his son from getting anything multiple people including non family members know of the falling out between them my dad had 3 children

A:You will need to check the exact insurance beneficiary designation. Only if it went to the decedent's estate would it go through his will. Usually the designated beneficiary gets the money and it does not go through the estate. A disinheritance in the will does not effect an insurance death benefit unless it goes to the estate.

Q: why is there no charge of homicide only arson.. Father was dating a girl, her x who is out of jail on bond Riverside county for assult on person with firearm (not on father) committ's an arson on father residence in twentynine Palms then drives 40 miles to another residence father has, starts a fight father 61 yrs old collapes and dies at scene. X b/f is arrested next day for Arson, no charges for what the coroner list as cause of death a homicide. X b/f again out of jail on bond for the arson. Can I file something in court to get the reports to find out why he is not charged in homicide and why he is out on two bonds from two counties on two felony charge's. the family would like to view the police report's etc (discovery?) as we feel justice is not being served for our father.suspect is 34 yrs old. please advise if we can file motion or whatever to get police report's. arson and homicide occurred 8/6/23 in san bernardino county. father was in good health, until beaten by the x b/f. no weapons were used. please advise

A:As a former homicide prosecutor who has handled these types of situations, I can tell you that there is likely an active investigation still on-going into the homicide. Often, when prosecutors can file a serious felony right away (such as arson), they will do that in order to keep tabs on a suspect but will be patient and wait on the homicide until they have completed a more exhaustive investigation. This might be frustrating but is probably a wise move in the long run. Prosecutors may be waiting on lab results that were conducted on the victim to rule out that anything else could have caused his death. If the homicide took place on August 6, 2023, that is still pretty early on from an investigation standpoint. The San Bernardino County District Attorney's Office is not known for being "soft-on-crime" so you should expect that if they can prove it was a homicide then it will probably get filed at some point. Ultimately, you can always contact the District Attorney's Office and ask to speak with a victim-advocate. While they won't reveal confidential details of the investigation, they will communicate with you whatever information possible.

Q: can my stepmother be held reliable for not giving my father the medication "blood thinners" that prescribed to him?. My daddy was preparing to have surgy when my stepmother quit giving him his medication without asking the doctor weeks before his surgery then daddy died from a blood clot during surgery. My stepmother gained a lot from his death plus 675,000 in life insurance.

A:First off, I'm sure that I speak for everyone when I say that I'm sorry for your loss. The death of a parent is a difficult thing, even without the possibility that another loved one may have caused it. That said, you have asked a complex question that is masquerading as a simple one. The question, in simplest terms, is whether your stepmother can be held accountable for not giving your dad medication. However, within that simple question are several other hidden ones which would determine whether you can bring a claim for wrongful death. First, any claim for negligence involves 4 elements: (1) a duty which is (2) breached (3) causing (4) harm. Without all 4 elements being satisfied, arguably no claim arises. Did your stepmother have a duty to give your dad medication? Did she give him the medication, but the incorrect dosage? Was he competent to take his own medication? Was he in a medical facility which had a duty to give him medication? Did the lack of medication actually cause his death, or would he have died either way? These are just a few of the questions that need to be answered, and these are the questions you may wish to review with a qualified, experienced, personal injury attorney. Only after going through these questions can one determine whether a legal cause of action is viable, so I would encourage you to reach out to an attorney if you believe that your stepmother profited through foul play or true neglect. I wish you the best of luck.

Q: My adult sister is developmentally disabled.. Does #6 of 54.1-2969. Authority to consent to surgical and medical treatment apply to a family member being able to give medical consent if no one has been court appointed as guardian?

A:Your question indicates that your sister is an adult, not a minor (under 18). In cases when a person has not made an advanced medical directive, then Section 54.1-2986 of the Virginia Code determines the procedure for making medical decisions in the absence of an advanced medical directive. The priority for making decisions starts with guardian, then spouse, then adult child, then parent, then adult sibling.

Q: Should the fda and cdc be legally held accountable for allowing the hemp thc-o acetate, heart/Lung issue/teeth damage. I have contacted both and have been neglected to be called back, They have known for years and after I was forced to use their safer than cannabis alternative here in Wisconsin, thc-o is everywhere and now after a rancid batch I had 2 months of a sinus infection, now heart issuses, lungs hurt and my teeth have all begun to shatter and break. Thought my heart issue were done after heart surgery. Bad enough they shoved bextra samples by the bag load when I was younger and now am reading about how bad that is too. No oversight or regulations. I used this hemp product for over a year. Last summer (155lbs) I could run 5 moles a day while still being able to work the hemp farm, no I'm down to 128lbs and heart and lungs feel like I'm dying. No insurance until February. Dr appointment on the 10th. Hope heart holds out. Corwin Richardson Cultivating Better Days Hemp Farm

A:The FDA and CDC are federal agencies which have sovereign immunity from such lawsuits. You may however have a valid claim against the sellers and manufacturers of the Thc-o products you used. Just as with tobacco using plaintiffs, you will face comparative / proportional responsibility which may reduce or eliminate any recovery.

Q: Regarding Senior mobile home parks and rentals in Calif.. This is regarding a nieghbor who for the last year has had a leaky roof, the park finally told her they were not going to repair the roof (cost) and told her she could move to another home that was vacant but the cost would be $500 more per month. She agreeded because she feared the mold in the old home. I could understand them letting her move, however I do not think she should pay more to do so when the problem concerned with the old home was not her fault and because she rented, they should have fixed it or let her move for the same rent. Is this LEGAL???

A:Under California law, landlords have a duty to maintain rental properties in a habitable condition, which includes providing a waterproofed roof in good condition. If the roof is leaky and causes mold, the landlord is generally responsible for repairing it to ensure the property remains habitable. If the landlord fails to make necessary repairs within a reasonable time after being notified, the tenant might have several remedies, including repairing and deducting the cost, abandoning the premises, or withholding rent. However, transferring a tenant to a different, more expensive unit as the sole remedy is problematic, especially if the tenant isn't at fault for the original issue. Your neighbor may have rights under the implied warranty of habitability or California's repair and deduct law. It's advisable for your neighbor to consult with legal counsel to discuss the specifics of her situation and determine the best course of action. Documentation, such as written communication about the repairs and mold concerns, can be beneficial in such discussions.

Q: Is there a way I can stop a former employer from using pictures and videos that I am in?. I worked at a haunted house and these are pictures and videos of my characters used on their website and social media.

A:If you are no longer employed by the haunted house and you did not sign any agreement that allows them to use your image or likeness, you may be able to take action to stop them from using your pictures and videos. Here are some steps you can take: Send a cease and desist letter: You can send a written letter to the haunted house demanding that they stop using your pictures and videos. Be sure to include specific details about the images in question, such as the dates they were taken and where they were used. You may want to seek assistance from an attorney to help you draft the letter and ensure that it is legally enforceable. Contact the social media platform: If the haunted house is using your images on social media, you can contact the platform (e.g. Facebook, Instagram) and request that they remove the images on the basis of copyright or privacy infringement. File a lawsuit: If the haunted house continues to use your images after you have sent a cease and desist letter, you may need to file a lawsuit to enforce your rights. An attorney can help you understand your legal options and represent your interests in court. Remember that the laws surrounding the use of images and likeness can be complex, and it is important to seek assistance from an attorney if you have questions or concerns. An attorney can help you navigate the legal process and work to protect your rights.

Q: Defendants innocent, framed, left for dead, stabed head seven times, fractured faces, chest, arms, broken guns and teeth. Not only were they attacked/left for dead. They made it thru alive after being brought bk by EMT, ICU unit. Several meth drug abusers are coming forward w/lies stating they saw defendants w/weapons in hand, standing in area of crime, no one in lonely late night of event, now like ten witnesses all drug users w/criminal bkgrnd. Some one burned all evidence and crime scene, as well as took victims phone, only witness in tent at time of crime,states defendants were not the men in room at time of incident. Other two witnesses called victims children stated defendants innocent wasnt them, they framed and stated who committed crime, why and motive. Well those two witnesses were found dead and burned with in three days of call. How to prove defendants innocence

A:I'm profoundly sorry for this distressing situation. Here's how one might approach this complex scenario: 1. First and foremost, secure an experienced criminal defense attorney immediately. 2. Collect all possible evidence and witness statements to corroborate your sons' innocence, including any alibis or surveillance footage. 3. Investigate the backgrounds of the witnesses alleging against the defendants; their credibility and criminal history can be relevant. 4. Preserve any available evidence of the defendants' physical injuries, as this might support a claim of self-defense or establish them as victims. 5. Utilize expert testimony, if needed, to analyze and counteract the evidence presented by the prosecution. 6. Document the mysterious deaths of the witnesses who vouched for the defendants' innocence, as this could point to external forces working against them. 7. Ensure that the attorney files appropriate motions, such as motions to exclude unreliable testimony or evidence. 8. Lastly, remain proactive, persistent, and transparent with your legal counsel to build the strongest possible defense.

Q: Can this ordinance be interpreted that no hunting is allowed. Santa Clara county. Sec. B14-34.3. - Grazing. No person shall bring any animal upon Park Property for the purpose of grazing or holding animals without the express written consent of the Director.

A:The ordinance you're referring to, Santa Clara County Sec. B14-34.3, specifically addresses the issue of bringing animals onto park property for grazing or holding without permission from the Director. This ordinance is focused on the control of livestock or similar animals within park boundaries. To determine whether hunting is allowed, you would need to look at different sections of the county's ordinances or regulations. Hunting regulations are typically separate from those governing grazing or animal control. They often involve specific rules about wildlife, hunting seasons, and the use of firearms or other hunting equipment. For accurate information on hunting regulations in Santa Clara County, you should consult the sections of the county code or state law that specifically address hunting and wildlife management. Additionally, checking with the county's parks department or a local wildlife agency can provide clarity on what is and isn't allowed in terms of hunting in park areas. Remember, laws and ordinances can be complex, and their interpretation may vary based on context and additional regulations. It's always a good practice to consult directly with legal resources or local authorities for specific guidance on matters like this.

Q: Do we need to go to court, in TN, to terminate an irrevocable trust, in which a home is included?. Home in an irrevocable trust. Selling the home now, but grantor is still alive. All beneficiaries, trustee and grantor are in agreement to terminate trust. That way we could avoid paying taxes on all profit, and be able to get the first $250 k in profit free of taxes. Could we do it without having to go to court, just signing affidavits?

A:If the purchaser wishes to take such a title risk, then all interested parties might sign deed as grantors. But I would not draft that deed. It is recommended that a competent attorney be retained to read the Trust, search the Title, then file suit in Chancery to get authority to convey. Otherwise purchaser would be taking a huge risk, and grantors would not want to sign a warranty deed. If I represented purchaser, I would not recommend paying over 50% of value, due to expectant required litigation to cure title.

Q: What options do we have. What motions are worth filing? Any suggestions on how to proceed. My husband signed for a 16yr prison sentence for probation revoke for Possession of Controlled Substance. Later we learned there was a Deadly Weapon Finding, which we were unaware of. It was not mentioned when he was sentenced nor is it in the court transcript of the sentencing.

A:First: The date of the sentencing and guilty plea is important. The longer you wait to contest your sentence, the harder it will be to fix it or overturn it. When he pled guilty, there was probably a plea "package" of paperwork, Notices of rights, and waivers of rights, that the court usually requires before your guilty plea is accepted by the court. Those papers and Notices should have indicated any enhancements or harmful findings of fact. If there was no "package" and no other paperwork or verbal warning by the court or the DA's office prior to your guilty plea, then you may have the legal grounds to vacate (open-up), your sentence or guilty plea. A real, detailed investigation of all warnings and notices about the guilty plea and sentence needs to happen ASAP. Then, if you have proof that you were sentenced unlawfully, you can file a Motion to vacate the Judgment and guilty plea. If that doesn't work, and he is put back in prison, your move would probably be a Writ of Habeas Corpus. I hope this helps. You should see a good criminal lawyer ASAP.

Q: Is it required for a store in the mall to have multiple exits?. I work in a mall and my store only has one exit, the main doorway. After a recent emergency including an active shooter, I’m concerned about my coworkers and my own safety. This does not only put us in more danger during an active shooter situation, but also any fire emergencies.

A:The requirements for multiple exits in a store, including those in a mall, are governed by local building codes and fire safety regulations, which can vary by location. Generally, these codes require a certain number of exits based on the store's size, layout, and the maximum occupancy. This is to ensure safety during emergencies, such as fires or active shooter situations. In many places, having only one exit in a commercial space might not comply with these safety regulations, especially if the space is above a certain size. It's important to check the specific regulations in your area to determine if your store meets the local requirements. If you're concerned about the safety of your workplace, you could bring this up with your store management or mall administration. They are typically responsible for ensuring that the store complies with all applicable safety codes and regulations. If your concerns are not addressed, you might consider contacting your local fire marshal or building inspector. They can inspect the premises and determine if there are any violations of local safety codes. Remember, your safety and the safety of your coworkers is paramount. Raising these concerns is important and can help ensure that your workplace is as safe as possible.

Q: Per ID Code § 22-4504 (2016), can a city in Idaho pass an ordinance/law requiring a person to buy a permit to farm?. The city recently passed an ordinance saying you have to buy a yearly license/permit to raise animals (chickens, ducks...) in city limits. AND prohibits raising certain animals - male chickens, for example. And if you get caught, they fine you for being no complacent!

A:There is nothing in Idaho Code 22-4504 which would prevent a city from enacting an ordinance requiring the owner of a farm to obtain a permit to raise certain animals, such as chickens, ducks within city limits. It says simply that Idaho prefers farming operations, period. The distinction this ordinance makes has to do with the County anticipating zoning problems and being required to address farming operations as they have to do with zoning. The operative language says, "[t]he county planning and zoning authority may adopt a nuisance waiver procedure to be recorded with the county recorder or appropriate county recording authority pursuant to residential divisions of property. What the City has done is called a "reasonable restriction." Farming, although important to everyone, is not a "protected class" of individuals. The City could legally pass an ordinance that says that "ownership of chickens, roosters, wild fowl" etc. are no permitted within the confines of the City of Boise, and be upheld in court. However, in my opinion, they have taken the approach by "forward thinking" mayors present and past, that it adds to the diverseness of the city to enable individuals to keep these, particular farm animals, but the City has an overwhelming interest in making sure that the individuals doing the "backyard farming," do it correctly and cleanly and do not pose a nuisance to neighbors.

Q: Should I contact my car insurance, or sue the owner of the parking garage? This happened in Orange County, CA.. I entered a parking garage and while looking for a spot the horizontal automatic gate closed on my car and caused damage to it. I wasn't moving at the time, my car was stopped in the middle of the gate while it was fully open. I was trying to beat the closing after another car went through, the gate opened for my car. But the gate did not sense my car was clearly obstructing it and without warning just closed onto it. From what I have read, the codes for this state that there needs to be a minimum of 2 safety protocols installed. One to reverse the gate if it closes onto something, and the other to sense that there is an obstruction so the gate does not close in the first place. The latter did not happen, hence the damage. I'm surprised that in a residential+business garage lot that it doesn't have the basic optical sensor that even single home residences have for their garage doors. I could easily see this causing serious bodily harm or death to someone had they fallen there, etc.

A:In California, your first step should be to contact your car insurance provider. They can guide you through the process of filing a claim for the damage to your vehicle. Your insurance company may also pursue subrogation, which means they might seek compensation from the parking garage owner if they determine the garage is at fault. Simultaneously, you might consider gathering evidence of the incident, such as photos of the damage and the gate, any witness statements, and details of the event. This can be crucial if you decide to pursue legal action. If you believe the parking garage was negligent, particularly if they failed to comply with safety protocols, you have the option to file a lawsuit against the garage owner. However, it's advisable to consult with an attorney who has expertise in personal injury or property damage cases to evaluate the strength of your claim and guide you through the legal process. Keep in mind, proving negligence will require demonstrating that the garage owner failed to meet a standard of care, which directly caused the damage to your car. An attorney can help in establishing these elements based on the specifics of your case.

Q: Can a motion for reconsideration be submitted as ex parte?. We are unrepresented plaintiffs who prevailed in our Phase I civil lawsuit for Fraud. Judge was willing to proceed with Phase II for punitive damages of the bifurcated trial, but only if we could do it within 15 minutes because it was the 6th day of trial, and the parties had jointly estimated 6 days to the jury at the start. We were ready to go, couldnt proceed because we needed to question defendant, but he did not show up even though he was under subpoena. The judge decided that he could not proceed with Phase II because he had to send the jury home. We would like to file a motion for reconsideration, but the courts motion reservation system does not have anything for 9 months. We know that the LLC defendant has all its assets for sale, and are worried that we would not be able to collect then, even if we prevail (we have a high probability of prevailing based on the unanimous decisions on all counts). Would we be able to file the motion for reconsideration as ex parte?

A:Under California law, motions for reconsideration are typically not handled on an ex parte basis. Ex parte applications are generally reserved for emergency situations where immediate and irreparable harm may occur without swift court action. However, given the urgency of your situation due to the defendant's actions, such as the potential sale of assets, you may file an ex parte application to accelerate the hearing of your motion for reconsideration. In this application, you'll need to convincingly demonstrate the urgency and irreparable harm you may face without prompt review. It's also important to provide notice to the other party as required by the rules governing ex parte proceedings. Because the standards for granting ex parte relief are stringent, consider including detailed reasons for the urgency and the potential harm of waiting for a regular motion hearing. Remember to check the local court rules for any specific requirements or limitations on ex parte applications for reconsideration.

Q: My daughter filed a renewal or extension restraining order on me . I was never served. He went to court and the Judge g. The judge granted it.. The first order I was completely off guard. The judge granted it on "Escalating Anamosity " How do I fight this one to see my grandchildren

A:In California, if a restraining order has been renewed or extended without your knowledge due to lack of service, you should consider filing a motion to dissolve or modify the restraining order, explaining the lack of service and presenting your case. Proper service is typically required for a restraining order to be enforceable. Evidence of any attempts to serve you should be scrutinized. It's also advisable to seek legal representation to ensure your rights are protected and to assist in presenting a compelling case as to why the restraining order should not continue, particularly addressing the “escalating animosity” grounds the judge cited. If visitation with your grandchildren is a concern, you may request the court to specifically address this issue, possibly through supervised visitation or other arrangements that the court deems fit. Documentation and any relevant communication that can demonstrate a positive relationship with your grandchildren can be beneficial to your case.

Q: Cmia claim - from Emtala case to potential FCA case.. If court mandates to include hospice as defendant for CMIA violation claim in EMTALA case, how plaintiff has to oppose court's decision? 1. Propose to strike cmia violation claim for now - since plaintiff in pro per cannot handle a few defendants 2. Research was limited to Emtala due to upcoming statute of limitations/deadline. 3. Plaintiff not ready to bring case against hospice, claims would not be limited to CMIA violation. Etc - ??

A:In your situation, if the court mandates including a hospice as a defendant for a CMIA (California Medical Information Act) violation in an EMTALA (Emergency Medical Treatment and Labor Act) case, and you wish to oppose this decision, there are a few strategies you can consider. Firstly, you might propose to the court to strike the CMIA violation claim, at least temporarily. This can be based on your current capacity as a pro per litigant, meaning you are representing yourself and may not have the resources or ability to handle multiple defendants effectively. Explain that managing the complexity of additional claims against multiple parties is challenging without legal representation. Secondly, you can argue that your research and preparation were specifically focused on the EMTALA claim due to the approaching statute of limitations. This limitation placed constraints on your ability to prepare for and include additional claims in your lawsuit. Lastly, if you are not ready to bring a case against the hospice, especially with claims extending beyond CMIA violations, communicate this to the court. It's important to convey that including the hospice at this stage could overly complicate the case and dilute the focus from the primary EMTALA claim. Remember, courts generally appreciate when litigants are straightforward about their limitations and the specific focus of their claims. It's crucial to present your concerns clearly and succinctly, outlining the reasons why adding the hospice as a defendant at this stage may not be in the best interests of justice or the effective management of your case.

Q: In California, may I record a phone call if I've already given consent to the other party to record the same call?. The scenario is that I want to call a customer support phone number of a business that has been troublesome. During the phone call a recording states that "this call may be recorded for training and quality assurance purposes". By continuing with the call, I am consenting. Given that all parties have consented to have the call recorded, may I also record the same call without any notice?

A:Under California law, recording a telephone conversation requires the consent of all parties involved, per California Penal Code Section 632. If the other party has already given a notice stating that the call may be recorded for quality assurance, that generally counts as their consent for the recording. Therefore, you would be legally permitted to record the same call without giving additional notice, since consent has been mutually established.

Q: I have been to several rehabs and have good insurance each time that paid for it in all. Now the rehabs are sending me. Bills not ins company now I get a claim letter I mail for bankruptcy what does this mean please please help me

A:A Mississippi attorney would be able to advise best, but your question remains open for two weeks. From what you describe, it's possible that your insurance carrier became insolvent and went into receivership. This is only a guess because you mention that the billing facility mentioned bankruptcy in its correspondence with you. If you contact your insurance carrier or the Commissioner of Insurance in Mississippi, they might be able to advise you about the disposition of this matter. Keep in mind that medical providers and other facilities will not want to hear about a patient/resident's insurance carrier becoming insolvent - they want their bills paid, plain and simple. Now that you are essentially on notice of a possible problem with your carrier (IF THAT IS THE CASE AFTER YOU HOPEFULLY LEARN MORE FROM THE COMMISSIONER OF INSURANCE), do not offer your insurance card/group number/member number as billing information to facilities until you learn more about where things stand... otherwise those facilities could turn around and come after you personally for their unpaid services. You could consult with a Mississippi attorney versed in insurance matters to assist you with this. Good luck Tim Akpinar

Q: My son 17yrs has pleaded guilty to leaving the scene and has a court date of October 17th. Any advice will help. First offense

A:If your 17-year-old son has pleaded guilty to leaving the scene, it's important to familiarize yourself with the specifics of the state laws where the incident occurred, as penalties can vary. Before the court date, gather any evidence or testimonies that might be relevant to the incident or paint your son's actions in a more favorable light. It may also be beneficial for him to enroll in responsible driving courses or related programs, showing proactive steps towards understanding the gravity of his actions. Prepare thoroughly for the court date by ensuring you both understand the proceedings and potential outcomes.

Q: How to obtain assets as a heir with no will or probate court in one case & no will but probate court in another case.. My brother provided a voided power of attorney document to a lien holder of my mother's home deed after she passed In order to obtain the deed. He also provided the probate court fraud bankstatements for our deasesed uncles estate in order not to pay my share as a hier so I have to separate issues of fraud with the same person.I done my due diligence & have all the supporting evidence proving how the fraud occurred with documentation copies.I just need a savy lawyer to show up & represent me in court.

A:Hire an attorney with experience in probate litigation. A power of attorney from your mother is, of course, void upon her death. As an heir, you have the right to file for probate of your mother's estate, even though she doesn't have a will. You can ask the court to appoint you as a dependent or independent administrator of her estate. If you are an heir of your uncle's estate, you can challenge actions taken by your brother in connection with your deceased uncle's estate. You could gain greater leverage if other heirs of your uncle join you. You don't say whether your brother is the executor or administrator of your uncle's estate. Generally, it is easier to remove an administrator than to remove an executor. You can likely schedule an initial consultation for around $500 to have an attorney look over the evidence you have obtained and discuss with you your litigation budget. Then you can make a decision as to whether your share of the estate makes it worthwhile for you to pursue alone or whether you might need to pool your financial resources with other heirs to spread the cost of the litigation out among you.

Q: Hello I had somebody give me money to start a business that never got off the ground.. Business never got into full swing. Problems on top of problems and no more money to continue forward. It never got off the ground, am I required to give the money back ? I never signed anything and only talked about hoping it would be successful. It never made it to an official business and it was hopes for to make it so they could get a double return.

A:Hi, keep in mind that in addition to written agreements, there are also verbal agreements that may be legally enforceable, provided there is an offer, an acceptance, and consideration. Whether you are required to return the funds depends on what were the terms of the agreement. The other person may be entitled to a partial refund or full refund to prevent unjust enrichment or to recover legal damages. There is not enough information here to determine whether there is a cause of action. When there is no written agreement, it is difficult to litigate these cases because the parties will resort to preliminary conversations to determine what were the expectations of the parties, and whether they were fulfilled. You may want to talk to the investor and see whether he/she understands that the business did not take off for reasons outside of your control and whether he/she is expecting any recovery. After that conversation, you will have a better idea of whether you need to retain an attorney or not.

Q: Can an warranty company refuse to pay repairs although repairs are covered under warranty?. Bought a box truck from Ryder. They don't want to cover repairs for the truck because of "contaminated fuel". Although they covered repairs multiple times before and no where in the contract does it state no coverage for contaminated fuel.

A:The issue is whether the warranty is voided due to your wrongdoing (either intentional or negligent), if any, that caused the damage/issue triggering the need the repair. One issue is the contract language itself, and another issue is the fact issue of whether you actually committed the act or omission that the seller is accusing you of. The contract language does not necessarily have to specify "contaminated fuel" as a reason to void the warranty; there can be broader language regarding the fault of the buyer. Schedule a consultation with an attorney in your area who handles consumer protection matters or, alternatively, contact the Fla. Dept. of Agriculture and Consumer Services or your local county consumer protection office, if any, to see if they would take a look at the issue.

Q: I have an interior design client that is in breach of contract. She refuses to pay our invoices.. She owes 2 past-due invoices and has insufficient funds to cover the latest check that was given to us per the signed agreement.

A:You could first send a demand letter on attorney letterhead to see if that provokes her to make the past-due payments. If that doesn't work, you could file a lawsuit for breach of contract. If your work contributed to a work of improvement, you may be entitled to record a mechanics lien against the property and then file a lawsuit to foreclose the lien.

Q: How successful is a landlord counter, suing a tenant who is suing for her security deposit back?. I am suing my landlord for my security deposit back, and he is counter suing me for eviction fees however, I was never evicted. He is also suing for fees that are not listed in my lease.

A:Under California law, the success of a landlord's counterclaim against a tenant in a security deposit dispute depends on the specifics of the case. In your situation, if the landlord is counter-suing for eviction fees and you were never evicted, this claim may not hold up in court. It's essential to gather and present evidence showing that no eviction occurred. Additionally, if the landlord is claiming fees not specified in the lease, you may argue that these fees are not enforceable. California law generally requires that any charges or fees be clearly outlined in the rental agreement. It's important to review your lease agreement carefully and prepare any documentation that supports your claim. This might include communications with the landlord, receipts, and photographs. You should also be aware that California law sets clear guidelines for how and when a landlord must return a security deposit. Generally, a landlord has 21 days after the tenant moves out to return the security deposit or provide a written statement of why a portion or all of it is being withheld. If you believe your rights as a tenant have been violated, you may consider seeking legal advice or representation. Legal counsel can help you navigate the specifics of your situation and provide guidance on the best course of action. Remember, each case is unique, and the outcome can vary based on the evidence and arguments presented.

Q: On a time and materials contract who pays the overtime?. We have a time and materials contract. The contract does not specify any overtime rates. We also did not have a verbal conversation regarding overtime pay. The contractor has put a mechanics lien on our property because we refused to pay the overtime rate of pay. We have paid for all hours worked but not at the overtime rate.

A:Your liability for the overtime payments should depend primarily upon the wording of your contract. If there was no agreement to pay overtime, and no understanding that the contractor would work overtime, you should not be liable. If the project schedule permitted the contractor to complete the scope of work without the necessity of overtime, that would help avoid liability for the overtime. Did you confirm that the contractor has an active contractors license and workers compensation insurance? If the contractor does not have an active license or workers comp, you may have some other defenses to the lien.

Q: During COVID, special instructions for facilities that require residents to undergo mandatory daily breathalyzer,. Are recommended. Shouldn’t there be a recall-like manufacturer intervention to make sure that institutions are not spreading COVID by incorrectly using the breathalyzer equipment?

A:A Nevada attorney could advise best, but your question remains open for three weeks. The point you raise has elements of ethics in it. Like a recall action that you mention, one could ask whether it is the right thing to do. Would it help save lives? Would it expose the company to more liability... or less liability? What would the publicity of such a measure do to a company? Is it necessary, if the equipment already comes with adequate instructions? The answers to such questions are probably among the factors that the leadership of a company would consider in making such decisions. Good luck Tim Akpinar

Q: I'm a Black man with a cop and his civilian accomplice keeping me under an ongoing warrantless surveillance since 2016.. The cop & his civilian accomplice are paid in cash by a non-profit group representing my ex-wife. The accomplice hasn't reported an income since 2017 and is not gainfully employed. This leaves him free to follow me wherever I go, to commandeer my phone and communications, and conduct a warrantless surveillance campaign on me including: lockstep stalking/harassment, unlawful entry, theft, cyber theft, cyber intrusion, vandalism and attempts to harm me with toxic chemical vapors. This year alone, he posted 2 fraudulent transactions on my debit card, tried opening 2 credit cards in my name, stole $70.00, my 2021 tax documents and a dossier on him and his wife from my locked car & duffel bag. I can't get cops to investigate these guys without verifiable evidence! The cop & accomplice are surveillance pros who surveil through people & technology. I can't readily get evidence and can't afford a PI. The cop & accomplice are exploiting a loophole in law enforcement and legal systems. HELP!

A:In your situation, it's crucial to document any incidents of harassment or illegal activity meticulously. Keep a detailed log of dates, times, locations, and descriptions of these incidents. Gathering evidence like photos, videos, or witness statements can also be beneficial. Since local law enforcement hasn't been responsive, consider reporting the matter to higher authorities, such as the state police or the FBI, especially given the involvement of a law enforcement officer. It might also be helpful to seek legal counsel from an attorney experienced in civil rights or personal injury law. They can advise on legal actions that can be taken, such as restraining orders or civil lawsuits. Additionally, exploring pro bono legal services or legal aid organizations in your area could provide assistance without significant cost. Lastly, remember to prioritize your safety and well-being throughout this process.

Q: Can a Jr. High school search a minor due to her passing out in school in Wa state after parent informed school of reason. Teenager felt sick at school so they decided to search her. Another day she passed out. School decided to search her again and both times they asked if she was doing drugs. They had already been informed that she hasn't been eating like she should due to others saying she was fat. She only wears a size 5 and has been told to eat. I don't understand why they keep searching her and how are they allowed to search the boy she is around due to them thinking he much have slipped her something.

A:In Washington state, public schools have the authority to search students if there are reasonable grounds for suspecting that the search will yield evidence that the student has violated or is violating either the law or the rules of the school. However, the scope of the search must be reasonably related to the objectives of the search and not excessively intrusive in light of the student’s age and gender, as well as the nature of the infraction. If your daughter is being searched due to health concerns related to not eating properly, the school's actions may be based on ensuring her safety, but they must still adhere to these standards. If you feel that the searches are unwarranted or violate your daughter's rights, you may want to discuss the matter with the school administration or seek legal advice to explore your options.

Q: Who can enforce theft by an employer of employee withholdings and deductions?. This is not an isolated incident this is I believe, all employees over 5 years and at one point there was over a hundred employees. He has deducted for taxes Medicare social security child support none of which has ever been submitted to any of their respective places. I am still suffering behind this as are many other former employees. who can do something? I went to cash a check two weeks ago and the establishment kept my check, every penny of it stating that in 2014 one of my payroll checks was not good that the employer put a stop payment on it and because of that, they kept my check 5 years later! My social security statement never shows my employment there. I have nothing contributed during those years nor does anyone else. My child support that was withheld from my paychecks never made it to the child support division! who can enforce that? I'm having to pay it again. I am not alone in this there are others that are looking at Court proceedings. How can this be ignored? HELP

A:If any of these allegations are true you should report everything you know to the federal authorities responsible for maintaining these financial records; state with the Social Security Administration and the IRS.

Q: Can i sue primary health care for misrepresenting me defamation of character amd conflict of interest. I was homeless 2021 2022 and i lived on the streets so i and a girlfriend decided to sign into the homeless outreach program through primary health care tp which we were assigned a case worker by the name of xx now this worker never assited me in any of the services that primary health care offer to someone that was trying to transition from homelessness. I even prior to him signed a joint agreement that placed me in the same program as my spouse. In fact he stated to me that he had remembered me from the federal probation office " which would be a conflict of interest"then afther the program ended i was then told by a diffrent worker that i wasn't on the same program as my spouse i feeel that i had been mislead lied to and led to believe for a year almost 2 years that i was in a program provided by the govenment but was truthfully mocked and blindley led right back to homelessness can some one help me to civilly sue these people for pain and suffering and emotional

A:To consider a lawsuit for defamation of character, misrepresentation, and conflict of interest against Primary Health Care, you'll need to establish specific legal elements. For defamation, you must prove that a false statement was made about you to a third party, causing harm to your reputation. Misrepresentation involves showing that false information was provided, leading you to act to your detriment. A conflict of interest claim would require demonstrating that the individual or organization had a competing interest that adversely affected their duty to you. However, these cases can be complex and challenging to prove. You'd need to show direct harm or loss as a result of these actions. In the context of a homeless outreach program, establishing a legal breach might be complicated, especially if the failure was more about inadequate service rather than wrongful acts. Consider consulting with a lawyer who can assess the details of your situation, including any evidence of misrepresentation or misconduct. This legal professional can guide you on the feasibility of your case and the appropriate steps to take. Remember, each case is unique, and the success of any legal action depends on the specific circumstances and available evidence.

Q: How would I go about any concerns cyber security on my Google account concerning everything somehow being accessible. Without my acknowledgement or consent?

A:If you're concerned about the security of your Google account and unauthorized access to your information, it's crucial to take immediate steps to protect your data. Start by changing your account password to something strong and unique. Also, enable two-factor authentication, which adds an extra layer of security. Check your Google account's security settings and review the list of devices that have access to your account. Remove any devices or applications that you don't recognize or no longer use. Additionally, review the account activity logs to see if there have been any suspicious logins or activities. Google also offers a Security Checkup feature that can guide you through steps to secure your account. It's advisable to regularly perform these checkups to ensure ongoing security. If you suspect that your account has been compromised, report it to Google immediately. They have procedures in place to handle such situations. For concerns about broader cybersecurity issues, especially if sensitive or legal information is involved, consider consulting with a cybersecurity expert who can provide tailored advice and solutions.

Q: Can Landlord charge more rent if it's 2 tenants a room vs 1 tenant? How does familial discrimination (FD) apply?. 1) With inflation + PG&E 12% increase this year with plans for another increase next year, how would a landlord offset the cost of another occupant per room if the above is not allowed? Can it be added as utility? 2) If more can be charged for 2 tenants, is that only for bf+gf & roommates but considered FD for husband+wife? 3) If lease does not allow overnight guests, can guests (wife+3 kids) also be refused or is that also FD even tho it's writen as any guests? 3-5 people in the 1 leased bedroom = code violation? They stay 4-7 days every month.. 5) If a husband & wife rents 1BR but has 2-3 kids ages6-15, but kids cannot be considered tenants..what about utilities? PLEASE NOTE: Landlord does not make a lot of money, that's why he needs to rent out rooms to make due while tenant has multiple successful businesses but renting away from home Thank you

A:Under California law, landlords do have some flexibility in setting rent and additional charges, but they must also adhere to fair housing laws, including those pertaining to familial discrimination (FD). 1) If adding an additional tenant increases the cost of utilities, a landlord can potentially charge more to cover these increased costs. This would typically be outlined in the lease agreement as additional rent or utility charges for additional occupants. 2) Charging more for additional tenants is generally permissible regardless of their relationship status (whether roommates, boyfriend/girlfriend, or husband/wife). The key is that the charge is related to the additional costs incurred due to the extra tenant, and not discriminating based on familial status. 3) A lease that prohibits overnight guests is enforceable, but it must be applied uniformly to all tenants. Denying guests solely because they are family members, like a wife and children, could potentially be seen as familial discrimination. However, if allowing guests to stay frequently or for extended periods leads to overcrowding or violates housing codes, a landlord may have grounds to enforce lease terms. 4) For a family renting a one-bedroom apartment, the landlord can consider the actual utility usage in setting rent or utility charges. The fact that the children are not considered separate tenants does not preclude charging for the actual cost of utilities used by the household. In all scenarios, it's vital for the landlord to ensure that any additional charges or lease terms are clearly outlined in the lease agreement and are applied uniformly to all tenants. In cases of uncertainty, it might be prudent to consult with a legal professional to ensure compliance with California's housing laws and to avoid potential discrimination claims.

Q: Regarding CO HOA. ANtitrust?. Local HOA seems to require that homeowners buy their storm doors from one particular reseller. Isn't that an antitrust violation? I know they can dictate color and style, maybe even brand, but can they force a homeowner to buy from a particular seller or store?

A:It is not an antitrust matter. The HOA does not meet the requirements to be subject to antitrust laws. HOA requirements of a purchase from a particular dealer arguably have a rational basis to allow the hyper-conformity that some HOAs require (no comment on whether HOAs de facto transform home ownership into rentals via hyper-restrictive rules). Colorado is very lax is allowing HOAs to have the ability to micromanage property owners exterior appearances. While there a limits (most related to discrimination), HOAs are treated like private clubs. Meaning that courts do not normally review reasonableness of HOA decisions.

Q: Seeking divorce lawyer with knowledge on the military & CA law, kids involved.. He said it…but doesn’t want it…I’m just lost it was unexpected, I need to protect myself & kids should he follow through, my kids come first. It’s my first one, he’s an expert in divorces. So I need guidance

A:I'm sorry to hear about your situation. When seeking a divorce involving military personnel in California, there are specific legal nuances to consider, especially with respect to benefits, pensions, and jurisdiction. It's important to find an attorney experienced in both California family law and military-related issues. Regarding the children, the court will prioritize their best interests when determining custody and support. Documentation and evidence of any communication or actions by your spouse can be helpful in court proceedings. Remember, even if he has experience with divorces, it doesn't guarantee an advantage. Your best approach is to gather all pertinent information and consult with a knowledgeable attorney as soon as possible to understand your rights and potential strategies.

Q: How do I stop my husband from spending his children's money?. My husband gets SSDI and our children gets money from his disability. Is there a way to keep him from spending their money since he is on the account he set up for them?

A:Certainly. If the money your children receive is from SSDI, it's intended for their care and support. If you believe your husband is misusing these funds, there are steps you can consider: 1. Document the misuse: Gather evidence showing the inappropriate spending or diversion of funds. 2. Apply to be the representative payee: The Social Security Administration (SSA) allows for another individual, usually a parent, to be designated as the representative payee to handle the funds for the child's benefit. 3. Once appointed, set up a dedicated account for these funds, ensuring that only authorized expenses related to the child's well-being are paid from this account. 4. If the situation escalates, you may need to consult with legal counsel for potential family court intervention, especially if the children's welfare is at risk. 5. Always communicate your concerns with the SSA; they have a vested interest in ensuring benefits are used appropriately. 6. Lastly, prioritize your children's best interests and consider seeking mediation or counseling to address underlying financial disputes.

Q: In ga I was common law married 19 years when ga recognized we separated, I then met married and divorced another man. But had a child with my common law husband am I eligible for his benefits hes deceased or am I a bigamist social sec says I can't get it because we never divorced we never married either

A:In Georgia, if you were in a common law marriage before the state ceased recognizing such unions in 1997 and never legally dissolved it, that marriage may still be considered valid. Entering into a legal marriage with another person while still in a valid common law marriage could potentially be viewed as bigamy, which is illegal. This situation complicates your eligibility for survivor benefits from your common law spouse. Social Security typically requires that the marriage be legally valid and not terminated by divorce to qualify for survivor benefits. If your common law marriage was never legally ended, it may impact your marital status and the legitimacy of your subsequent marriage. It's important to consult with a legal professional experienced in family law to clarify your marital status and understand your rights regarding survivor benefits. They can offer specific advice based on the details of your case. Addressing this issue promptly can help resolve any legal complications and determine your eligibility for benefits.

Q: Hi, I need a real estate lawyer for Detroit, MI? I have a house under contract and I was going to JV wholesale but he. became abusive and sexist. Only my name is on the purchase & agreement contract. I never signed anything with him,now he's threatening me saying he's going to file a lawsuit on me, can he do that? But, I live in California, so I'm virtual wholesaling .If, that makes a difference? So, I also need to talk to a sexual harassment lawyer too, please

A:Based on the details provided, it is unlikely the joint venture partner you had a verbal agreement with has grounds to sue you for breach of contract or threaten legal action since nothing was formalized in writing: First, without a written agreement signed by both parties formally outlining the terms of the joint venture partnership, he would have a very difficult time proving the existence of an enforceable legal contract. Verbal agreements are more challenging to substantiate. Second, only your name appears on the purchase and sales agreement for the Detroit property. This supports your position that you did not intend to create a binding joint venture. Third, his abusive and harassing behavior toward you invalidates any claims he might try to make and gives you justification for terminating any working relationship, especially since you are the only one on title. Fourth, being located in California gives you protection under CA harassment laws if he continues with threats or contacts you further. You can seek a restraining order in CA to prohibit this. In summary, since there is no written contract and you are the sole holder of title, he would not have legal standing to sue you for the Detroit property deal. Consult with both a real estate lawyer and harassment attorney in CA for assurance and to protect your rights.

Q: , I pay a environmental fee Monthly on my water bill that cost more Then water usage. we’re in a crisis situation due to our water but we pay for an environmental fee every month that cost more than usage

A:What is your question?

Q: We own 83 acres of timber but not mineral rights. We have several homes (children) on our property and a cluster well.. We do not own mineral rights. Just received call from driller advising they will be drilling oil on our land. How do i protect our homes timber and water source?

A:In Texas, the mineral estate is the dominant estate. That means that the mineral owner and the oil company have the right to make all reasonable uses of the surface for exploration, drilling and production of oil and gas. The Texas Railroad Commission, the state agency which regulates oil companies, has rules that say that oil company activities can't be any closer than 300 feet to an existing structure, such as your residence. In addition, Texas courts have recognized that there are certain limits on the right of the oil company to use the surface. These limits are not in a statute, they have been created by court decisions. Each landowner's situation is decided on a case-by-case basis. You should immediately contact an oil and gas attorney to determine how these limits might apply to your property and then have the attorney contact the oil company to negotiate a surface use agreement to protect your property and that may provide for payment of damages to you and that will be signed by both you and the oil company. It's not recommended that you try this on your own without the input of a knowledgeable oil and gas attorney.

Q: Can I use my own recordings of conversations between my ex-wife and I in Michigan court if she did not give permission.. Michigan appears to be, essentially, one party consent so long as the call is recorded by one of the participants. I also told her numerous times I was recording all of our interactions to serve as a blanket statement. She is consistently threatening to intentionally violate our mediation/custody agreement and going back on discussions and further agreements we come to, all while denying she ever agreed in the first place.

A:If you have a custody agreement, then the only thing that matters is whether she - and you - are complying with its terms. If you two are making further agreements, that's cool, but understand that an agreement isn't an agreement unless both parties agree. When one party says "we agreed to X", and the other party says "no, we agreed to Y" or "we didn't agree at all", then the written custody agreement controls. What matters is what is in writing. Of course, you could probably show your ex agreed to X and is now reneging. Hopefully that's in writing. What could come of that depends a lot on what "X" is, how it varies from the original agreement, and why. Now, how do recordings play into that? Depends on the judge. A lot of judges have no tolerance for it. Keep in mind that legal custody is premised on the two parents being able to effectively communicate with each other. If one person is recording each conversation, whether they believe they must do so or not, that presents a serious issue that a judge will likely look to fix. Fixing it can happen in a couple of ways: order BOTH of you to communicate only through software that tracks and records; in more extreme cases; a judge could say "this is what the agreement is going to be so there's no reason for either of you to be communicating with each other about changes"; or, it could mean establishing a parenting time coordinator that you BOTH pay for. In extreme cases, a judge could change legal custody to just one parent. And keep in mind that depending on the circumstances, you recording conversations can easily be flipped against you as attempts to provoke or intimidate.

Q: What's the best way for me to find an attorney to represent me in a fraud/wrongdoing case against me & a deceased party. I would be the plaintiff I'm searching for an excellent trial attorney on a success fee basis Extreme injustice done This doesn't involve probate, it involves litigation It involves social security disability money, breach of fiduciary duty, fraudulent lying in court of one party in order to gain monetary control, pain & suffering & early death as a result of stress & lifestyle, conspiracy to obtain life insurance money, also the deceased had a blunt injury to the head. Please, I need guidance in this matter, on how to find a great Trial attorney to right this wrong. Any outside the box ways to find the attorney would be appreciated!

A:If you're alleging someone was killed then the police and prosecutor would handle that on the criminal law side of your question.

Q: Hey, If we don't have a board of directors, and my 50/50 partner stopped answering the phone can i call special meeting?. What if we buy 50% of the company, but the other owner won't answer the phone. They do not have bylaws. Would we call a special meeting, and be able to call it sooner than the standard period than the state standard of 60days, and as if there are any special cases for an emergency? We need to establish directors, and to add the necessary requirements by all right to be in compliance?

A:In a situation where you have a 50/50 partnership and your partner is unresponsive, it's crucial to understand your legal rights and options under New York business law. If your company doesn't have a board of directors or bylaws, the default rules under state law and any existing partnership agreement will guide how decisions are made and disputes are resolved. Without bylaws, you typically cannot call a special meeting in the same manner as a corporation with a board of directors. However, you still have options to address the issue. You may need to refer to the partnership agreement, if there is one, as it might outline procedures for handling such situations. If there's no partnership agreement or if it doesn't provide clear guidance, you might consider legal action to compel your partner to engage in the management of the business or to resolve the deadlock. This could involve seeking a court order for specific actions to be taken in the business's interest. Given the complexity of your situation, especially with the need to establish directors and ensure compliance with legal requirements, consulting with an attorney experienced in business law is advisable. They can provide tailored advice based on the specifics of your business and help navigate the legal steps necessary to resolve the impasse with your partner. Remember, in business partnerships, especially those without clear governance structures, legal advice is invaluable in resolving disputes and ensuring the business operates smoothly and in compliance with the law.

Q: Hay I have a csc third degree case and I have a plea deal but want to know if I can go to trial better or take that deal. And is it good to go to trials on these cases

A:Your choices will depend on the details of your specific case, and the proofs that the prosecution has. Your current lawyer will be able to give you much better advice than anyone here who does not know the specific factual details and proofs available against you in your particular case.

Q: I am having a huge problem with Medicare. Despite doing everything I was told to do, I still do not have insurance.. I paid the amount of money I 'owed' , filled out and sent the paperwork (3 times) and still do not have any insurance. I am very worried now that I have missed my gynecological oncologist (had ovarian cancer treatments), much needed mammogram and colonoscopy (have Lynch Syndrome), scheduled blood work. I fell down on a hike and injured my arm, leg, torso. Skin has just about healed, but I have lingering pain in my arm and leg. EMTs and ambulance driver wanted to take me to the hospital or Urgent Care. I refused and said I'll monitor everything myself (they said I probably needed stitches and an ex-ray). I refused their assistance due to the fact I do not have insurance!!! Please help!

A:A Massachusetts attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal with the injury and cancer treatments. One option is to try to apply online - that could be quicker than the paper route. Another is to contact them and ask for a location of an office near you to attempt enrollment in person, if possible. Good luck

Q: I recently drove piggyback through a community gate with a fast gate arm. It hit the top of my car and broke.. I didn’t know it broke so I kept driving and didn’t stop, but drove by later and saw that it was broken. They have cameras and likely have my plate. What should I do? It happened 2 days ago.

A:In California, if you accidentally cause property damage, such as breaking a gate arm, it's advisable to report the incident to the property owner or manager as soon as possible. Since this occurred two days ago, you should act promptly. Not reporting could potentially lead to more severe consequences, especially if the property owner decides to pursue legal action or report it as a hit-and-run incident, given that they likely have your vehicle's details from the camera footage. Contact the community's management and explain the situation honestly. It's often better to be upfront about such incidents, as this can sometimes lead to more amicable resolutions. You may be responsible for the cost of repairs, but addressing the matter directly can prevent additional complications. If you're concerned about potential legal implications or the process of handling this situation, you might want to consult with a legal professional for advice tailored to your specific circumstances. They can guide you on the best course of action and help you understand your rights and responsibilities under California law.

Q: Can I get in trouble if I received a “ personal photo” even tho I’ve been in a fully committed relationship for 2 years. I’m 18 years of age and my girlfriend is 17 years of age, of consent in my state is 16 years old and we have been enough fully committed relationship for two years and been having some tension between parents When her dad stumbled upon a photo she had sent me sometime back and is now threatening to possibly take me to court I mainly just want to know if I can get in trouble for this if so, how will I go about defending myself in a court setting?

A:In Kansas, the age of consent is indeed 16, which generally pertains to the legality of sexual activities. However, it's important to understand that laws regarding the possession and distribution of explicit photos are different and can be more complex, especially when minors are involved. If the "personal photo" sent by your girlfriend is explicit in nature, and she is under 18, it could potentially be classified as child pornography, even if it was consensually shared within a relationship. Possession or distribution of such material involving a minor is illegal under both state and federal laws, regardless of the age of consent for sexual activity. If you are facing legal action or threats of it, the best course of action is to seek legal advice immediately. An attorney can provide you with guidance specific to your situation and the laws in Kansas. They can also help you understand your rights and the potential legal implications of the situation. It's crucial not to share or distribute the photo further and to keep communication with your girlfriend and her family as calm and respectful as possible. Legal issues involving explicit photos of minors are taken very seriously, and it's important to handle the situation with caution and the guidance of a legal professional.

Q: I received a letter from the Kentucky Labor cabinet, stating that I owe $6,000 for overpayment of unemployment benefits,. it says I need to pay in full or minimum monthly payment of $250 by December 10th, or will put a lien on my social security number. my question is, How long does that process actually take for them to put a lien on my social security #? I don't want them to take my income taxes. I'm a single mother, &desperately counting on them this year to pay back rent that I promised my landlord. Thank you So much for your help!

A:There's no real way to know how long this action would take, because we're talking about government. however, you should assume now that that your tax refund will be taken by the state. If nothing else, pay the first $250.00 because that might delay things a bit. Figure out an alternative to getting your LL the rent.

Q: What actions can be taken against someone who has posted a hateful image of someone else on a public forum negatively?. The person has also made verbal threats to the person they are posting about.

A:If someone has posted a hateful image of another person on a public forum and made verbal threats, several potential legal actions can be taken in Tennessee. First, the person targeted may consider reporting the incident to law enforcement, especially if the threats involve violence or pose a credible danger. This can lead to a criminal investigation and potential charges. In addition, the victim may have grounds for civil litigation. They could pursue a defamation lawsuit if the posted content includes false statements that harm their reputation. If the threats create a reasonable fear of harm, the victim may seek a restraining order or file a civil lawsuit for intentional infliction of emotional distress. For online harassment, the victim can explore options through the platform's reporting mechanisms, as many platforms have policies against hate speech and threats. In cases of small claims, the victim may seek damages for emotional distress caused by the harmful posts.

Q: Can I file a consumer complaint if a brand new car had problems. I purchased a new 2021 Jetta in April 2021. In September 2022 during regular oil change the dealer told me the rear brakes were down to a 1 which was really odd for a brand new car with less than 15000 miles. They also said VW won't cover the repairs since it was just outside the brake warranty period of 1 year. So I got the repairs done from Midas instead of the dealer because they were cheaper. In January 2023 I got a letter from VW indicating they had extended the brake warranty to 2 yrs and if I had incurred any charges in that period for repair they would re imburse me. When I submitted my claim they refused it saying the brakes were aftermarket and they only guarantee genuine VW parts. The only reason I had to go aftermarket is because the genuine parts were costly and the VW dealer told me it's outside warranty. I feel like they should re imburse me just because of the bad brakes they used and they were aware of the issue. Is this worth filing a consumer complaint?

A:Go the the Maryland MVA website and look up dealership complaints. They have an entire complaint process for consumers who have issues with dealerships. In addition, some counties, such as Montgomery County, have rather robust consumer affairs offices that deal with car dealership and repair complaints.

Q: I have questions regarding securities and exchange commission laws.. I own a options trading website where I provide trade ideas of specific stock tickers based on fundamental and technical analysis. I charge subscribers monthly fees. I do not provide investment advice of any sort, just trade ideas of good stock setups. I don’t tell my subscribers what to do from my ideas. Will I come under the definition of an investment advisor ? Or will I be excluded from the advisers act under the publishers section ? ( Section 202 a.11)D )

A:Given the facts at hand, you appear to be on the right track. A seminal case is Lowe v. SEC, 472 U.S. 181 (1985), which essentially declared that an exclusion from the definition of investment adviser is available to any publisher of a newsletter as long as remains entirely impersonal and does not develop the kind of one-on-one fiduciary relationship that is characteristic of an investment adviser-client relationship. This has been show to apply to digital properties, too. Please note that this area is more involved than the holding in Lowe, and lawyers would need more facts pertaining to your situation in order to more confidently draw a conclusion. However, with what I know, you seem well-positioned for the exclusion, meaning you wouldn't need to register as an investment adviser. One caveat: one should also check with the laws of one's state in addition to federal law.

Q: Will I be held in contempt if I don’t testify in a domestic violence case in pa if I’m the witness and wife. I’m a witness for the COMMON wealth of PA and was subpoenaed to testify for a domestic violence case against my legal husband. I wrote an affidavit for the police the day it happened. So if I refuse to testify against my legal husband will I be held in contempt or am I able to use Spousal testimonial privilege?

A:If you are subpoenaed to testify in a domestic violence criminal case against your husband in Pennsylvania, you can be held in contempt of court for refusing to testify even if you are the victim/witness. Here are some key reasons why: - Spousal privilege generally only applies in civil cases, not criminal prosecutions. So you do not have a right to refuse to testify against your husband in a PA criminal case. - As the victim and eyewitness who made the police affidavit, your testimony is critical evidence needed to prosecute domestic abuse. Prosecutors can compel you to testify. - If you refuse to comply with a subpoena and testify after being ordered to by the judge, you could be held in contempt of court. That can result in fines or even jail time to coerce compliance. - Domestic violence cases rely heavily on victim testimony, so your refusal to testify could severely undermine or even lead to dismissal of the case against your husband. - The court is very unlikely to allow you to invoke spousal privilege given the public policy priorities in prosecuting domestic violence crimes. In summary, while counterintuitive, you likely do not have the right to refuse to testify against your husband in his PA domestic violence criminal case, even as his wife. Barring an exception from the court, you must comply with the subpoena or face contempt charges. Consult with the prosecutor's office so they can advise you on your obligations.

Q: Can I sue??. Me and my dad filed a house claim March 3,23 through insurance , we have been battling through terrible problems the whole time, Tennessee how a matching law on roofs , our insurance company refuses to abide by the match law we have been paid 9,000 for the inside and 3g for the roof . All damages come to 25,000. They have not helped us through this claim, my agent refuses to listen to me, tells me they are looking for us a house to live in because we been in a hotel for 3 months , but when it comes to that she tells me we will have to maybe accept what they offer or accept driving further than what is where we live, because the hotel was temporary, she told me should start looking on websites to speed the process up. she is trying to place us in a 2 bed room Home, I will have my dad in one room me and my husband in another room and what my daughter sleeping on the couch. We filed a claim we thought we could trust with a good outcome they screwed us

A:A Tennessee attorney could advise best, but your question remains open for two weeks. Filing a lawsuit is generally an option in most insurance claims (a local attorney must advise here after reading your policy - sometimes arbitration is listed as a forum). The best way to answer your question might be to try to arrange a free or brief consult with a local attorney who handles insurance claims. Although one can usually sue, find out how you will be billed in a lawsuit - hourly? What will be the measure of damages? After a consult that addresses these and other questions, you might be in a better position to make a decision. Good luck

Q: Could I sue a major corporation or se price gouging using the "pink tax" as the basis that they discriminated against. I'd want to sue for double or triple the estimated amount that women pay more for the same products men use. That dollar amount is subjective to financial hardship based that I do not make equal pay as men and have to pay more for products. Emotional and mental distress. Also, INFLATION. I could have invested that money, and with the return income reinvest and stimulate the economy, but no these greedy companies want to steal from women. It's estimated The California Senate Committee on Judiciary and Senate Select Committee on Women, Work & Families stated in 2020 that Californian women pay an average of about $2,381 more, for the same goods and services, than men per year. That can add up to about $188,000 in pink tax throughout a woman’s life. SOURCE https://www.bankrate.com/personal-finance/pink-tax-how-women-pay-more/ It could be suing several companies... That's as far as I've gotten as I don't know the laws. Just the base idea, thought. Thank you

A:The "pink tax" refers to the higher prices that women may pay for goods and services compared to men, for products that are similar or identical. While the pink tax is not illegal, it may be considered discriminatory if it disproportionately affects women and there is evidence that the pricing difference is based on gender. If you believe that a major corporation has engaged in price gouging or discrimination based on gender, you may have a case for legal action. However, it's important to note that lawsuits can be complex and difficult to win, particularly against large corporations. You would need to consult with an attorney who specializes in consumer protection and discrimination law to evaluate the strength of your case. To pursue legal action, you would need to provide evidence that the company engaged in price gouging or discrimination based on gender, and that you suffered financial or emotional harm as a result. You may also need to demonstrate that the company's actions were intentional or negligent. It's important to note that laws related to consumer protection and discrimination can vary by state and country, and there may be specific requirements and procedures for filing a lawsuit. An attorney can help you navigate the legal system and ensure that your case is filed correctly and within the appropriate timeframe. Again, consulting with an attorney who specializes in consumer protection and discrimination law can help you evaluate your options and determine the best course of action in your specific situation.

Q: I have been traumatized due to a situation where my spouse and I hippa rights have been violated by the news station .. We have a big lawsuit that needs to be resolved sooner than later I have contacted a lawyer but she is way to expensive. She said I have a very big lawsuit and definitely been traumatized . this is something that will follow our life living here in our town. We only want justice and to live without fear of judgment and discrimination in this town. Please contact me at least to see that I have a very big lawsuit against the news station in hagerstown Maryland can you help me?

A:There is no private cause of action for a HIPAA violation- in other words, an individual may not sue for damages based solely on such a violation. However, the Maryland Confidentiality of Medical Records Act does allow a person to sue for recovery of actual damages. It is possible that the same actions might also be a state law tort, such as the right to privacy. If you truly have such a strong case as you believe (and have a reasonable possibility of collecting damages), shop around for an attorney who might take the case on a contingency basis.

Q: I was arrested by a non tribal officer on tribal land and I am a member of the Cherokee nation and reside on reservation. They took me to jail and declined to file charges after arrest ing me and detaining ke I have lost my job over it my wife almost left me it’s caused me aloynof unnecessary problems but they had no justisiction

A:If you were arrested by a non-tribal officer on tribal land and are a member of the Cherokee Nation, there may have been a jurisdictional overstep, depending on the specific circumstances. Tribal sovereignty and federal law generally govern criminal jurisdiction on tribal land, not state authorities, unless specific provisions apply, such as Public Law 280. To address this issue, you should consult with an attorney who has experience with tribal law and the intricacies of jurisdictional matters between tribal, federal, and state authorities. Documentation of the arrest, the impact on your employment, and other damages you've suffered would be important for your legal counsel to review. You may also have recourse through a civil rights claim if your rights were violated. It’s important to act promptly to explore your legal options.

Q: My stepmom said to my brother. That archer, and our share is roughly eight hundred thousand now my brother asked for the. My stepmom said we are to our father's passing is $800000 now. She hasn't reached out to us in a timely matter. Should we get an attorney and also, what would he die without a welcome? What do you think the money's ad was a hole held

A:In your situation, where there is a significant inheritance involved and some uncertainty about the distribution of assets after your father's passing, it's advisable to consult with an attorney. Legal guidance is especially important if the estate distribution seems unclear or if you have concerns about the timeliness and manner in which your stepmother is handling the estate. An attorney can help you understand your legal rights and the processes involved in estate distribution. They can also provide guidance on whether the estate is being managed in accordance with your father's wishes and the relevant laws. If your father passed away without a will (known as dying "intestate"), state laws will determine how his assets are distributed. This typically involves a predefined formula that takes into account various family members, including children and spouses. It's important to act in a timely manner to ensure your rights are protected. An attorney can also assist in mediating any family disputes that may arise during this difficult time, helping to find a resolution that is fair and in accordance with the law. Remember, seeking legal advice is a proactive step to ensure that your interests are safeguarded and that the estate is administered properly.

Q: Can EMTALA case be filed with Federal District Court in California?. Can EMTALA case be filed with Federal District Court in California? Plaintiff has to do it. Original medical malpractice complaint was filed timely, but it is late to amend complaint with EMTALA claim. Emtala 2 year statute of limitations will expire soon.

A:Yes, an EMTALA case can be filed in a Federal District Court in California. EMTALA is a federal statute, and claims under it are typically handled by the federal courts. If you are considering filing an EMTALA claim and the two-year statute of limitations is approaching, it is crucial to act promptly to ensure that the claim is filed within the legally prescribed time frame. Since you mentioned that the original medical malpractice complaint was filed timely, but it's too late to amend that complaint with an EMTALA claim, you would need to file the EMTALA claim as a separate action in federal court. This should be done before the expiration of the two-year statute of limitations from the date of the alleged EMTALA violation. It's essential to prepare and file the EMTALA claim with all the required details and documentation to establish the basis of the claim. Given the time sensitivity and the complexity of EMTALA litigation, it is advisable to proceed with the preparation and filing process immediately to meet the deadline.

Q: I have a seller who dad has passed away and he wants to sell the Land property. does he need to hire a attorney. Hello, I'm helping a seller looking to sell their Florida land, which needs to go through probate due to their father's passing. I'd like to know if hiring an attorney is necessary for transferring the deed to the seller's name, and what the expected fees for this service might be. Thank you!"

A:A review of the property deed would be necessary and helpful to start, but if the property is in the name of the deceased father alone, then some version of probate will be required, and an attorney will be needed in most all circumstances. Based on the type of property (Homestead) or other and the overall value of property the rest of the estate will determine the type of probate that will be required and necessary. Generally, the cost will be hourly and usually ranged between $400-$550 per hour for the legal work, it is not uncommon for a probate to cost at least 3% of the value of the property/estate and or potentially more, you would need to call around and check with various law offices and attorneys that handle probate filings and this type of work.

Q: I was not convicted of a DUI, but am on parole and does not even have a revoked driving record. How can I possibly work. I have been living in hardship, financial situations because I can not even drive due to stipulation of no driving while on parole. I have not been revoked my license to drive, the last moving violation was in the year 2007. I am living in hard financial means and without being able to drive, my supervision fees have been in arrears for over 1 year. How can I ever get off of parole? It is ridiculous!! I can not ever get caught up with this stipulation of my driving privilege's stopped until I am no longer on Parole? Yet, my expiration keeps moving away from being able to move forward. NOR CAN I GET A JOB BECAUSE OF THIS RIDICULOUS STIPULATION. The DUI was dismissed way back in May of 2016, my last moving violation was in October of 2007. Please help!! I have not been able to get my life in order at all due to this ridiculous stipulation. I did 4 flat years, stupid because I did not know the law and took a 2-15 year sentence. I was not even driving, I was parked.

A:You can request a modification to your parole conditions to allow you to drive. To do this, you will need to file a petition with the parole board. In your petition, you should explain why you need to drive, such as to get to work or to take care of your family. You should also explain that you have not been convicted of a DUI and that you have a clean driving record. The parole board will consider your petition and make a decision based on the best interests of your rehabilitation and public safety. If the parole board grants your request, you will be able to drive while you are on parole. Seek Employment Opportunities That Do Not Require Driving While you are waiting for a decision on your petition to modify your parole conditions, you can look for employment opportunities that do not require driving. There are many jobs that you can do from home or that are located close to where you live. You can also look for public transportation options that can help you get to work.

Q: Which provision of Health and Safety Code is applicable for liability: referral to hospice with non-existent terminal il. Which provision of Health and Safety Code is applicable for liability: referral to hospice with non-existent terminal illness.

A:In California, for cases involving liability due to referral to hospice with a non-existent terminal illness, the applicable provision in the Health and Safety Code is found in Chapter 8.5, Article 1.5, specifically in Section 1339.31. This section is part of the California Hospice Licensure Act of 1990 and provides detailed definitions and criteria regarding hospices, palliative care, and the definition of a "terminal illness". Understanding these definitions is key when assessing the legality and appropriateness of hospice referrals. Section 1339.31 defines a "terminal illness" as a medical condition resulting in a life expectancy of six months or less. This definition is crucial when considering whether a hospice referral is appropriate, as hospice care is intended for patients with terminal illnesses. If a patient is referred to hospice care without having a terminal illness, as defined by this section, there could be grounds for liability under California law. However, this section does not explicitly address liability for incorrect referrals. For specific cases of liability, it might be necessary to refer to other statutory provisions, case law, or legal interpretations of these codes.

Q: Is it illegal to post private photos and videos online without my permission?. My boyfriend and I recently split up and he has videos and photos that were supposed to remain private and is now harassing me and threatening to post them online. Is there anything that I can do to take legal action?

A:Posting private photos and videos online without your permission can potentially constitute a violation of your privacy and, in some cases, may be illegal. The specific legal remedies available to you can depend on the laws in your jurisdiction. To address this situation, you might consider taking these steps: document the threats, consult with an attorney who specializes in privacy and online harassment cases, have your attorney send a cease and desist letter to your ex, report the harassment to local law enforcement if it escalates or if you believe a crime has been committed, explore the possibility of a civil lawsuit depending on your jurisdiction's laws and circumstances, and report any unauthorized content to the online platforms where it's posted.

Q: MVA student of government grant program was just removed from program due to accident and modifications the school has. Said I could return but will not be paid for placement also told me what to put in the email saying I will agree to not be paid for my placement if they allow me to return once well I will be working 300 hours for free while everyone else is paid I am not returning as of now as my care provider has given me restrictions the accident was not my fault the other driver reversed her car right into mine causing enough damage that my car is a write off I do have video so between the accident and school I think I need advice

A:In terms of the car, if there were no injuries, it would be handled as a property damage claim. How that is handled could depend on available insurance coverage. If there is coverage under your policy, it could be handled by your carrier. If not, it could be handled through the insurance carrier of the other vehicle. A state or region is not indicated here, but you could discuss with an attorney in the state where this occurred to determine the best course of action, based on the level of damages, scope of your policy, deductibles, and other factors. Good luck Tim Akpinar

Q: I went awol from the ARMY in 2010 and never went back. Just today I went back to fort hood. Just today I went back to fort hood to surrender. The MPs look through the system and then told me I was dropped from rolls and leave the base because my unit don’t want me and I am not allowed on base. What does this mean and how do I get my DD214 so I know my discharge status. Also what do I put on applications? Do I put I was never in the ARMY? Since I do not have my DD214. What should I do about this?

A:It is likely that they issued a DD-214. It is also possible that you received an OTH Discharge. You can request your records online through the National Archives and get a copy of your DD-214.

Q: Can a hearing trial deal out a harsher punishment after the judge has carry out her judgment?. I once was told that a friend was offered a deal if he was to plead guilty. He would receive no points in his record after he completed his assigned course. But three-days later, was called in for a hearing and was handed out a 90 days suspension on top of that.

A:What you describe is two fold. Part of the penalties (criminal) are administered and enforced by the Court. Other half of penalties (admin) are administered and enforced by Drivers Licensing. They are separate and distinct but the don’t give you this information when you are going through it.

Q: Live in my family home but never changed deed over after my mum died. Property taxes went up 600$ more this year. Increase because homesteaders rights were took away even though I'm 68;but it hasn't been changed over to me. She's been dead 8-10 years now. Don't know if her will went through probate because my brother died after she did and he was executor. How do I get deed in my name or can I get homesteaders rights before it's changed over

A:You will likely need to file a quiet title action to get a deed to the property. This will involve suing any person that might have an interest in the property. The other option that might be available is to go through the probate process. This would likely need be done in the county where your mother passed away. However, without complete information it is difficult to give a definitive answer. You should reach out to a local property or probate lawyer to explore your options and whatever claims you may have.

Q: Bank paid out overpay of Calpers retiree benefit after death. I rec'd 50%, now Calpers wants payment of 100% from me.. I didn't have any paperwork associated with the deceased, and the bank wouldn't give us his account # or any other info. Bank of Hawaii received overpayment of Calpers retirement of about $17k. Bank told me they would have to return the money to Calpers before the account was closed. Later, the Bank paid to his 2 adult step-children by separate checks for what we assumed was left over after Calpers payback. Now they want me to repay 100%. What can I do about this? I only received 50%. Also, does the bank hold any responsibility for this error?

A:In your situation, it's important to understand that CalPERS, as a government pension system, has specific procedures for recovering overpayments. If CalPERS has requested repayment of the full amount from you, despite you having received only half, it may be based on their policy or the legal framework governing their operations. However, this doesn't automatically make their claim against you valid or enforceable for the full amount. Regarding the Bank of Hawaii's role, banks generally have their own set of policies and legal obligations when dealing with the accounts of deceased individuals and the disbursement of funds. If the bank disbursed funds erroneously, there might be a question of their liability, but this often depends on the specific circumstances and the terms of the account. To address this matter effectively, consider consulting with an attorney who has experience in estate law and government pensions. They can help you understand your rights and responsibilities in this situation and can provide guidance on how to respond to CalPERS' claim, as well as evaluate the bank's role in this matter. It's also advisable to gather all relevant documents and communications related to this issue, as they will be crucial in assessing your case.

Q: Female attendant at Dotty's harass me while I was using the toilet after 45 seconds opening the door saying time up.. After 45 seconds on the toilet the female attendant told me that I had been in there too long and continuously asked me when will you be out of here and insisted that I hurry up and finish , this continued for about 2 minutes as I attempted to relieve myself. After I exit the restroom she told me that I was annoying.

A:Your experience at Dotty's sounds distressing and uncomfortable. It's important to know that customers have a reasonable expectation of privacy and respect, especially in situations like using a restroom. The behavior of the attendant, as described, seems inappropriate and potentially a violation of your rights as a patron. If you feel that your rights were violated or that you were treated unfairly, there are a few steps you could take. First, consider filing a formal complaint with the management of Dotty's. Detailing your experience can alert them to potential issues with staff behavior and customer service practices. Additionally, you might want to review the policies of Dotty's regarding restroom usage. If their policies are unclear or if the staff's actions contradicted their own policies, this could strengthen your complaint. If the situation escalates or if you believe there are larger legal implications, such as discrimination or harassment, it may be wise to consult with an attorney. They can provide guidance based on the specifics of your experience and the applicable laws in Nevada. Remember, everyone deserves to be treated with dignity and respect, and your concerns are valid. Taking action not only addresses your situation but could also prevent similar incidents in the future.

Q: I am developing a Vietnam video game and am wondering about copyright laws regarding real photos for the trailer. We are in the process of developing a video game depicting the true story of a Vietnam vet and his personal experience during his time in the war, and as we are creating the trailer for the game, we would like to use real photos from the war that have been declassified under the freedom of information act. Will we run into any copyright infringement issues by using any of the photos that we find online, or will we need to have explicit permission from the photographer/owner of the photos we are interested in using?

A:When considering the use of real photos from the Vietnam War for your video game trailer, it's crucial to understand the nuances of copyright law. Declassification under the Freedom of Information Act does not automatically place these images in the public domain or free them from copyright restrictions. Each photo must be individually assessed to determine its copyright status. Photos taken by U.S. government employees as part of their official duties are typically in the public domain and can be used without permission. However, photos taken by private individuals or journalists may still be protected under copyright, even if they have been declassified. To ensure compliance with copyright laws, you should ideally seek explicit permission from the photographer or rights holder for any photo not clearly identified as public domain. This is especially important if the photos were taken by non-governmental sources. If permission cannot be obtained or the copyright status is unclear, it is safer to either use alternative images or seek guidance from a legal professional experienced in copyright law. This approach will help protect your project from potential infringement issues.

Q: Central District Court of California - specific question. Serving complaint/summons - federal case. Central district court of California. Case was efiled in EDSS system for in Pro Per plaintiffs. Documents will appear in PACER. Can copies of complaint/summons for serving be downloaded from PACER? What is conformed copy of documents? When they are needed?

A:Hi there, good evening. In federal cases, such as yours in the Central District Court of California, once a case is e-filed, the documents, including the complaint and summons, can typically be downloaded from PACER. This is a common practice and allows for easy access to filed documents. A "conformed copy" of a document is essentially a copy that includes all signatures and official stamps, making it identical to the original. These copies are often required in situations where you need to submit a document that is as valid as the original, such as for certain legal or official proceedings. They ensure that the document you're using is a true and complete representation of the original filed document.

Q: is relative affiliated with a foreign government, military..". I'm filling a government background check form and there is a question "is this relative affiliated with a foreign government, military, security, defense industry? YES or NO". My father retired from a foreign military 14 years ago. Should I select YES even though he has no connection anymore?

A:When filling out a government background check form, accuracy and transparency are vital. Even if your father has been retired for several years, he was at one point affiliated with a foreign military. In the interest of full disclosure and to avoid any potential misunderstandings or complications in the future, it would be best to select "YES" for that question. You can provide additional details or context about the nature of his past affiliation if the form allows or if asked during an interview or review process. Being forthright ensures that you've given an accurate representation of the situation, which is essential for such background checks.

Q: Hello, Thank you in advance. I was in the foster care system and want a copy of my records. How can I obtain these?. I was age 11 to 17 when I the system.

A:To obtain your foster care records from your time in the system in New Jersey, follow these steps: 1. **Contact the Agency:** Get in touch with the agency responsible for your foster care placement, such as the New Jersey Department of Children and Families (DCF) or a private agency. 2. **Request Form:** Ask for the appropriate request form from the agency's records department. Fill it out with your details, like name and birthdate. 3. **Provide ID:** You might need to provide identification to confirm your identity, such as a driver's license or passport. 4. **Wait for Processing:** Allow time for the agency to process your request and retrieve your records. 5. **Review Your Records:** Once ready, you can review the records in person or request a copy. Note that there might be a copying fee. 6. **Appeal:** If you encounter challenges, inquire about the appeals process for assistance.

Q: Should one wait until the offender is released from prison before filing a protection order or should they be proactive. And file now given that they have almost been in prison a year and the last incident outside of threats have been about a year and two months with witness available?

A:You should file if you feel you can prove by a preponderance of the evidence that either the offender was a family or household member and caused you physical harm or caused you to fear severe physical harm, or created a pattern of activity that caused you to fear physical harm. You ought to invest in the time of an attorney to review the full facts that you have not statted here. There is no doubt much to explain that would help better move this matter forward to you. This forum is no substitute for hiring your own lawyer.

Q: in kansas how long is the lemon law effective if the deal was solely based on them fixing the problem or no sale?. i purchased the vehicle only because they said they would fix the problem and i took it back several times to get it fixed and no more then a couple miles down the road there it was again. Now it sounds really bad and i regret this purchase completely. it was a $15000 cash purchase. not like it was chump change

A:The Kansas Lemon Law remains effective for one year from the date a qualifying new motor vehicle is sold to a consumer.

Q: Can non-accredited investor, invest in a private fund registered under Rule 506(c) offering by forming an LLC?. SEC rule 506(c) mandates only accredited investors are eligible to contribute to the funds. So can non-accredited investor form an LLC to obtain accredited status? If yes, what are the terms and conditions that one should be aware off?

A:Either you are accredited or not! The issuer is not going to risk losing a safe-harbor exemption for registration to take on an unaccredited investor. And they it tells you otherwise, watch out!!

Q: Can you sue Robinhood for outages during an all-time high on funds for fraudulence activity and negligence, if any more?. Recently I invested $1000 into Dogecoin as it was at its lowest of 0.19 and just today this cryptocurrency has just reached its all-time high of 0.60. And because of the surge of this high buying for Dogecoin, Robinhood's crypto services went out and I couldn't sell nor buy during this time as you should be able to. This also happened before where they removed Gamestop trading and they were facing lawsuits for many of the reasons. They said they would provide a more suitable website to take on these outages and movements of our selling/buying actions and still, it happened again. Are these reasons to sue them, and can they get into more trouble for bribery and string attached manipulation?

A:Sure, anyone can sue anyone else; so f you have $400,000 I am sure you can find a bunch of security lawyers willing to try to slay a giant. But you need to forget about "bribery" and "string-attached manipulation."

Q: Nov. 30. 2022 my brother and 14 other Bulldogs were set up by CDCr Gladiator Fights he was stabbed 3x & survived. CDCr never notified to this day his mom to inform her that her son was stabbed air lifted but survived the Gladiator Fights they set up. As soon as they got off the bus went through work exchange, the gates close, the bus drives away they get attacked by the whole prison full of Southerns. I sent my brother discovery pertaining to what happened but CDCr is monitoring his texts and only allowing him to see what they want him to see keeping him in the dark of important issues that will help him fight and sue CDCr for his injuries. Under the picture CDCr denied it had in small red print Title 15 3006. What exactly are they saying? are they threatening or saying It's violating who's civil actions.

A:Talk to a civil rights attorney. You are out of your league trying to investigate this on your own.

Q: I’m a mom of a 12y old someone said,”i want to kiss your daughter” can I call the police on him, is he getting arrested?. How about trying to force her to drink beer, he didn’t get to do it, but I want to know if I can call the police on him, and want to know what would happen if I did

A:Under California law, expressing a desire to kiss a minor, especially in a context that seems threatening or inappropriate, can be cause for concern. While it may not always constitute a crime in itself, it could be considered part of a pattern of concerning behavior. You have the right to report this incident to the police, especially if you believe your daughter's safety is at risk. Attempting to force a minor to consume alcohol is a serious matter. This action can be reported to law enforcement, and they have the authority to investigate the situation. If someone attempted to coerce your daughter into drinking beer, the police would likely consider factors such as the age of the person involved, the context, and any prior history of similar behavior. When you report such incidents, the police will assess the situation and determine if there is enough evidence to charge the individual with a crime. The exact legal consequences depend on the specifics of the incident and whether it fits into categories of criminal behavior defined by California law. Remember, ensuring the safety and well-being of your child is paramount, and law enforcement can help assess and address any potential threats.