|
XyrlocShammypants posted:There is a guy who has 2 kids with a woman. They were unmarried, living together. He has met a girl and wants to stop living with the mother. The guy wants visitation of the kids. Is there anything the mother in this situation can do to stall visitation until she knows the woman he is now living with is safe to be there? Or if visitation needs to be supervised? It's not like they already have a court order in place, right? He can move out and all but he aint gonna get visitation until he goes to court and sues for it. And if he decides to do this, part of getting visitation is going to be to look at situations and stuff.
|
#
?
Jul 15, 2011 09:23
|
|
|
|
| # ? May 15, 2024 13:29 |
|
|
Its a friend of mine, received a text last night stating that he had no intentions to go. I was going to try to scare him into it if the cops would come after him. I don't think I have an angle anymore though.
|
|
#
?
Jul 15, 2011 14:48
|
|
|
Omgawd posted:Its a friend of mine, received a text last night stating that he had no intentions to go. He'll appreciate your point of view more when he's hauled out of his car come his next speeding ticket.
|
|
#
?
Jul 15, 2011 17:23
|
|
|
UK goon here in need of some legal advice. Ideally if you could quote goods act etc so I actually have something to stand on. Basically I went into carphone warehouse on tuesday and said that I wanted a certain phone and it had to be on Tmobile because I wanted a friends and family discount. I was then sold a phone and when i took it home I had my friends and family discount rejected because I didn't buy the phone directly from them. I have already spoken to them on the phone and they basically fobbed me off saying they can't/won't cancel the contract and even though I had told them that they sold me the phone under false pretences and used: Sales of good act 1979: If the buyer expressly or impliedly makes his purpose for the goods known to the seller, the seller is obliged to make sure the goods provided are fit for that purpose, if it is reasonable for the buyer to rely on the seller's expertise. An example of the application of this provision can be found in Godley v Perry Now carphone warehouse say its the service thats at issue not the goods so believe they can avoid this point completely. As it stands I can't afford to pay the monthly fee and so the product is useless to me without the service I requested Tomorrow I am going to the store to view the CCTV cameras so I can note my exact phrasing when I asked for the phone and try to make progress that way. I have already been to the store once but they basically just tried to get rid of me. If that goes wrong, I am planning to stage a protest outside the store as I know the store manager has the power to cancel my contract. What are my legal rights on that matter ? I was basically planning to warn everyone from going into the store.
|
|
#
?
Jul 15, 2011 20:29
|
|
|
lucasw99 posted:Basically I went into carphone warehouse on tuesday and said that I wanted a certain phone and it had to be on Tmobile because I wanted a friends and family discount. I was then sold a phone and when i took it home I had my friends and family discount rejected because I didn't buy the phone directly from them. You're on shaky ground, T-mobile's terms and conditions are not the responsibility of Carphone Warehouse and it is therefore not "reasonable for the buyer to rely on the seller's expertise".
|
|
#
?
Jul 15, 2011 21:00
|
|
|
baquerd posted:You're on shaky ground, T-mobile's terms and conditions are not the responsibility of Carphone Warehouse and it is therefore not "reasonable for the buyer to rely on the seller's expertise". Also 'relying on expertise' is for stuff like buying from specialist materials manufacturers where you aren't expected to know the chemistry, not reading phone contracts.
|
|
#
?
Jul 15, 2011 22:03
|
|
|
My girlfriend got charged for lying to a cop about her name and address when she was drunk at a party. State is MA. Realistically, does she just need to ask for A.C.D.? No prior record or anything. Just messed up. I doubt the county is looking to ruin anyone's record for something like that.
|
|
#
?
Jul 15, 2011 22:45
|
|
|
baquerd posted:You're on shaky ground, T-mobile's terms and conditions are not the responsibility of Carphone Warehouse and it is therefore not "reasonable for the buyer to rely on the seller's expertise". what about the fact that I stated what I wanted and why and I was sold something which wasnt want I wabted ?
|
|
#
?
Jul 16, 2011 00:35
|
|
|
lucasw99 posted:what about the fact that I stated what I wanted and why and I was sold something which wasnt want I wabted ? Why are they responsible for knowing the details of the T-Mobile friends & family discount, which as you've discovered isn't something they offer as they don't work for T-Mobile?
|
|
#
?
Jul 16, 2011 01:59
|
|
|
empiricus posted:My girlfriend got charged for lying to a cop about her name and address when she was drunk at a party. State is MA. Yes, she should get a lawyer. False info to a cop is a jail-able offense in every state I've seen. It is more serious than say an open container.
|
|
#
?
Jul 16, 2011 02:25
|
|
|
empiricus posted:My girlfriend got charged for lying to a cop about her name and address when she was drunk at a party. State is MA. She needs to get an attorney. She does not want this type on crime (dishonesty) on her record. An attorney will get her the best chance to keep if off her record. I think the MA analogue of an ACD (New York?) is a CWOF - Continuance WithOut a Finding (of Guilt) Getting the record sealed will probably be another step (and another fee) Not a MA or NY attorney.
|
|
#
?
Jul 16, 2011 02:50
|
|
|
I am a musician in the early stages of building a website which will produce and sell drum-related educational videos and written materials. I've been focusing on making content that is based on my own ideas, sort of like, "check out this lick, here's how to play it." Yesterday, I had the bright idea that if I shift the focus of the content onto other, more famous players (basically, I would focus on a specific drummer every week or so and produce a product where I transcribe some of their best playing or most popular tracks, and make a video and pdf about it, put up a preview on youtube, and funnel people in to my site to buy the full thing) I would have an easy boost in marketability and a nice way to unify elements of my content (also, my domain is bestdrummerever.com, so the content would fit the name a bit better than what I have already). Almost as soon as I had this idea, I thought, "this will be record company hell." What should I expect? What I'm hoping I'll be told is that I can do whatever I want and if the drummer/record company hears about it, they will say, "this guy is giving us free advertising and doing something educational with it, lets send him a fruit basket." I'm afraid if that's not the case it might be too much for me to deal with and I'll have to stick with the original plan. I'm already going to be doing creative content, production, web design, etc - I don't need another thing to throw on the pile at this point. Advice?
|
|
#
?
Jul 18, 2011 20:45
|
|
|
PIZZA posted:I am a musician in the early stages of building a website which will produce and sell drum-related educational videos and written materials. I've been focusing on making content that is based on my own ideas, sort of like, "check out this lick, here's how to play it." Not legal advice, per se, but i thought I would point out this sort of thing is done already, such as the "In the style of..." Guitar Method videos Curt Mitchell has/was putting out (http://www.musiciansfriend.com/books-videos-music/mvp-in-the-style-of-metallica-dvd/948555000000000). The riffs aren't named for which song they come from, he just goes "riff 5" and then plays the intro to Sandman or whatever. I've always assumed that was to work around legal ramifications, but I really don't know. Hell, for all I know he's paying the record companies for the rights as well.
|
|
#
?
Jul 18, 2011 23:59
|
|
|
Hi Legal Questions Thread! My girlfriend works during the Summer as a pool monitor at an apartment complex in California (where we both live, of course). There was some drama at her work which didn't involve her, and she quit rather than deal with it on a daily basis. Well according to CA law, you have to pay an employee who quits within three days of resignation. It appears that the afflicted party is due a full day's wage for each day that they are not paid past the three days. She's been in contact with the owner in the mean-time, who asked her to stay (and thus we have confirmation that she got the resignation letter), and after she said no they cut off all contact. She just gets shuttled from department to department when she calls, and no one returns her voicemails (all she gets are voicemails because everyone "has stepped out briefly" whenever she calls. Funny, that). I want her to go to small claims court to collect her extra pay, but I have no idea what this entails. What kind of evidence do we need? What should we be doing in the meantime? Any advice would be wonderful and greatly appreciated. It's been 8 days since her resignation went into effect. For the record, the CA Codes are here: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=200-243 #202-203. Thanks!
|
|
#
?
Jul 19, 2011 01:30
|
|
|
YOURFRIEND posted:Hi, I was just wondering how I could get out of this traffic ticket maybe? You were cited for having expired plates. It does not matter if the officer shows up to court. You are guilty of expired plates. There is no "the officer made a mistake". If you go to court without fixing your plates, you will be given the full fine, and court costs. Fix your plates, and when you go to court, you will likely get a reduced fine. Just for the record - going to traffic court for offenses like this without saying anything other than "guilty" will really piss off a judge and waste the court's time. Fix your poo poo, tuck in your shirt, show up on time, be polite. I'm surprised you have to ask this question.
|
|
#
?
Jul 19, 2011 04:49
|
|
|
JX3P posted:You were cited for having expired plates. It does not matter if the officer shows up to court. You are guilty of expired plates. There is no "the officer made a mistake". If you go to court without fixing your plates, you will be given the full fine, and court costs. Fix your plates, and when you go to court, you will likely get a reduced fine. Just to further this point, when I moved from one state to another I didn't take care of this in the time I was supposed to, and got a ticket for plates and license. I immediately took care of both, dressed nicely (shirt and tie), and showed up to court with proof that I had taken care of things. The judge seemed relieved that he was dealing with someone who actually cared about being responsible that he dismissed everything, minus the $25 court fee.
|
|
#
?
Jul 19, 2011 05:47
|
|
|
Taima posted:I want her to go to small claims court to collect her extra pay, but I have no idea what this entails. What kind of evidence do we need? What should we be doing in the meantime? Any advice would be wonderful and greatly appreciated. It's been 8 days since her resignation went into effect. No need for small claims court. Go to your local California Division of Labor Standards Enforcement office and file a claim through them. They'll ask you for all the relevant details, and then forward the request to her employer, who then will either dispute it or cough up the money. Worked great for a friend of mine.
|
|
#
?
Jul 19, 2011 05:48
|
|
|
I originally posted this in the small/stupid questions megathread, but they redirected me here. Any thoughts would be very much appreciated: My current residence is a duplex in Washington state that shares a wall with another, and is nestled in a nice little community of other nearby duplexes and/or small homes across the street, adjacent to my yard, etc. I live with my girlfriend, who is currently going through a tremendous amount of stress due to seemingly innumerable different factors. However, she has lately gotten into the habit of having a complete emotional meltdown whenever she gets upset, which typically involves yelling or screaming, and in general making a huge scene, indoors and sometimes even outside. This is starting to happen with alarming frequency (3 or so days a week), and almost always happens at night, when the rest of the neighborhood is completely silent. In fact, she has become so loud that the police have been called and arrived at our door three times now, asking to come inside, checking to see if there has been any domestic violence, etc. I do not see her behavior changing in the near future, and in fact, she recently had the police called a fourth time for screaming at me over the telephone while she was home and I was at work. Every time they have come and checked things out, essentially nothing has happened. No charges, no warnings of future charges, just knocking on the door, coming inside, and scaring the poo poo out of me because I'm terrified of being arrested or having some blemish on my perfect record due to her behavior. Also, considering my degrees/certifications are in mental health, certain charges could potentially ruin/prevent my future career. So what I'm asking is, what exactly happens when the police arrive and don't end up doing anything? I assume they file a report (they've taken my name before), but does this show up during any kind of criminal history or background check? Is there maybe a point when after having been called to a residence so many times that they have to take some more severe course of action? Would anyone be able to inform me of some possible repercussions if this whole dramatic issue continues?
|
|
#
?
Jul 19, 2011 07:21
|
|
|
Choadmaster posted:No need for small claims court. Go to your local California Division of Labor Standards Enforcement office and file a claim through them. They'll ask you for all the relevant details, and then forward the request to her employer, who then will either dispute it or cough up the money. Worked great for a friend of mine. Thank you!
|
|
#
?
Jul 19, 2011 07:40
|
|
|
Volkeren posted:I live with my girlfriend, who is currently going through a tremendous amount of stress due to seemingly innumerable different factors. May I suggest that she sees a mental health specialist? She is clearly not in a healthy situation. Hopefully, this would lead to her leading a normal life again. If not, then at least you have the fact that she is seeing a mental health practitioner in case some legal issue does arise and you have to prove your innocence. Assuming that you avoid a domestic battery charge that will ruin your life, you are almost certain to receive some noise complaints that will cost you money. She needs help. No sane adult should be throwing a tantrum three times a week, every week.
|
|
#
?
Jul 19, 2011 08:02
|
|
|
Volkeren posted:So what I'm asking is, what exactly happens when the police arrive and don't end up doing anything? I assume they file a report (they've taken my name before), but does this show up during any kind of criminal history or background check? Is there maybe a point when after having been called to a residence so many times that they have to take some more severe course of action? Would anyone be able to inform me of some possible repercussions if this whole dramatic issue continues? It could come up if you were ever charged or suspected of domestic violence though. You really need to document this stuff now though through MH or something because there is a distinct chance that at some point she's going to say something duringa breakdown or give some other sign (that she may not even realize she's giving) that DV activity is going on. You should have her see someone regardless though, this isn't normal and she could find herself picking up charges herself.
|
|
#
?
Jul 19, 2011 08:04
|
|
|
nm posted:I don't know about DC, but generally not in anything anyone could ever really access. And/or get out of the relationship. There is no shame in it. You can't rescue everybody.
|
|
#
?
Jul 19, 2011 11:14
|
|
|
Volkeren posted:I originally posted this in the small/stupid questions megathread, but they redirected me here. Any thoughts would be very much appreciated: You need to get the gently caress out of there yesterday. Stay at a friend or family member's place, take anything you couldn't replace. If she's kicking up such a fuss that the cops are showing up it's not going to have a happy ending
|
|
#
?
Jul 19, 2011 16:27
|
|
|
Solomon Grundy posted:And/or get out of the relationship. There is no shame in it. You can't rescue everybody. He should get married with a pre-nup and then get a divorce, we can help him with that.
|
|
#
?
Jul 19, 2011 17:11
|
|
|
Sorry if that caused a little bit of a derail into E/N, but thanks very much for the legal advice everybody.
|
|
#
?
Jul 19, 2011 17:17
|
|
|
nm posted:This is the legal thread, not the relationship thread. No, he's right. It's better to tell someone to get off the train tracks than to conjecture the hypothetical damages if he gets hit. This is an unhealthy relationship which has reached the point where he is actually publicly raising the concern that something might happen which would ruin his life. Before anything else he needs to consider whether he should just walk away from the whole deal.
|
|
#
?
Jul 19, 2011 17:18
|
|
|
nm posted:This is the legal thread, not the relationship thread. Oh poo poo you are right- ignore my prior post. Instead of getting out, get one of those bike helmet cams and leave it running all the time to document that you didn't loving touch her.
|
|
#
?
Jul 20, 2011 01:33
|
|
|
Solomon Grundy posted:Oh poo poo you are right- ignore my prior post. Instead of getting out, get one of those bike helmet cams and leave it running all the time to document that you didn't loving touch her. This method will ensure employment for 2-3 attorneys, which really should be our goal in this thread.
|
|
#
?
Jul 20, 2011 07:14
|
|
|
nm posted:Exactly. Shouldn't you be looking out for the Greater Good? i.e. reality TV?
|
|
#
?
Jul 20, 2011 07:28
|
|
|
spog posted:Shouldn't you be looking out for the Greater Good? i.e. reality TV? Well, if he gets reality TV, that's like 5-6 lawyers, so yeah, that's a great idea.
|
|
#
?
Jul 20, 2011 07:55
|
|
|
Quick question about a couple of lease clauses in Berkeley, CA: Background: I was going to live in a room in a house (one room of several) with the owner. Everything was fine until I saw the lease. I objected to how several of the terms were written but not their intent. Since the owner was unwilling to negotiate, we went our separate ways. I've since found another place but I'd like to know if I was being unreasonable for future reference. I know her personally and I'm certain she's not out to screw over her tenants since she lives with them. The objectionable clauses: code:15 seems to want a verbal contract. A bad idea in general, no? 26 seems vague. I think she meant that I shouldn't keep a rusted out car in the back yard but does a literal (if unreasonable) reading mean I can't keep anything in my closet or put my food in the communal refrigerator?
|
|
#
?
Jul 21, 2011 05:58
|
|
|
I'd read 26 to mean that the rental doesn't include any storage space; when I've rented in buildings with a storage locker they list it in the lease. (Not a CA lawyer, etc etc etc)
|
|
#
?
Jul 21, 2011 06:00
|
|
|
Purely academic questions, but ones I've wondered about: Massachusetts requires motorcyclists to wear helmets when riding. I don't know if any other states require this (most do not, I am pretty sure), but would a licensed rider from a state (riding a bike registered in that other state) that does not require a helmet need to wear a helmet while passing through Mass? I know practically this is the case, as I have seen riders stop at the border and put their helmet on to avoid being stopped. Similarly, CT requires all drivers to have and carry proof of car insurance. New Hampshire doesn't require car insurance at all. Can a NH driver legally operate their vehicle in CT if they do not have insurance?
|
|
#
?
Jul 21, 2011 15:22
|
|
|
fordham posted:I know practically this is the case, as I have seen riders stop at the border and put their helmet on to avoid being stopped. Well, you already have your answer, but if you are on the interstate on a motorcycle without a helmet, try to plan your funeral in advance (get a lawyer).
|
|
#
?
Jul 21, 2011 17:46
|
|
|
I never go by my legal name except with my parents, and I'm moving off to college soon in a different state. Since I'll probably be living back with parents in New Jersey when class (in Pennsylvania) is not in session, which court would I file in? And since a legal name change would probably cost me an arm and a leg, neither of which I can afford to lose at the moment, are there any unforeseen consequences in using my usual name in day to day things and my legal name whenever stuff goes on paper?
|
|
#
?
Jul 21, 2011 21:28
|
|
|
Alright guys, lets see if you can help me  Short version: Car accident in January 2008 in Oklahoma, I am plaintiff. Four car chain reaction collision on interstate. I left the scene in a AMBU-LANCE aand was taken to the hospital. After x-rays and mediacations I was sent to my PCP, then a specialist (neurologist), neurosurgeon(s), pain specialist, etc. The MRIS showed a "spinal injury", I do not want to be specific unless it helps you all understand. It is considered permanent with no safe resolution, I have been offered an internal stimulator unit for pain and a shunt. So, after all this was told to the insurance my attorney called last year sometime and said the insurance has offered $(hilariously low amount). I said no, lets plan for trial. All depositions have been completed, all medical exams for the Dr the defendants (insurance) attorney wanted me to see. It appears settlement offers have failed. There has been a PRE-TRIAL hearing recently and next month it seems an actual trial with jury will take place. Questions: 1. Is 3.5 years much longer than average for a personal injury case to be tried. Seems even longer than I initially thought. 2. Will ALL the physicians depositions be shown? (they were filmed, for convenience I presume) 3. Does the defendants ability to pay have any consequence to the outcome of the trial? 4. The damages being sought are: medical bills (past/future), pain and suffering, and personal injury (permanent and temporary) if that helps. 5. What likely took place at the PRE-TRIAL hearing, as I was not present. 6. If the jury trial takes place, what is to expect in general (time on the stand, how many jurors, length on average) anything that would be helpful. I have no idea what to expect. I was nervous for the deposition  7. Any words of wisdom you all have. WouldDesk fucked around with this message at 23:24 on Jul 21, 2011 |
|
#
?
Jul 21, 2011 23:19
|
|
|
Where?
|
|
#
?
Jul 21, 2011 23:22
|
|
|
Kalman posted:Where? Oklahoma. I will add that to the post. EDIT: Also, I keep hearing that both parties prefer to settle before trial to avoid trial costs. How much can a 1-2 day personal injury trial possibly cost? I have a feeling it is a lot higher than I imagine. WouldDesk fucked around with this message at 23:36 on Jul 21, 2011 |
|
#
?
Jul 21, 2011 23:23
|
|
|
I was arrested last Monday for a DUI. Los Angeles County, 170 Freeway @ Oxnard exit. 3am Monday July 8. 1. I was not driving nor in the drivers' seat of the car 2. In fact, NOBODY was in the drivers' seat, as the driver had wandered off to see about getting gas. 3. I got the bright idea to call AAA to have them put a gallon of gas in the car. 4. AAA pulls up. CHP pulls up right behind. 5. They ask who is driving, we say driver is off getting gas. 6. All ID's of those present are run. Cop asks who called AAA. I said I did. 7. Cop do field sobriety and breathalizer X2), arrests me as being the one "in control" of the vehicle while intoxicated. Charge is Driving Under The Influence (High BAC). 8. I go to county, I am told by my Pub Defender of the "plea" i must take. 9. I tell him I want a trial. He says "You can plea out and be out tomorrow, or go to trial and be here until the 7th." 10. He shows me the police report which says XXX "admitted to being the driver of the vehicle". 11. I plea No Contest because I want the gently caress out, want to keep my job, and serve 4 days in twin towers. (10% of 40 days for Nonviolent) So, I feel like (a) I was coerced into taking a plea, and (b) that the charges are utter bullshit, and at MOST I deserve drunk in public. Can a LawGoon point me in the right direction? Lawyer up or do I lose my opportunity to appeal because I took a plea? Can I pro se an appeal to a misdemeanor? Any other thoughts?
|
|
#
?
Jul 21, 2011 23:52
|
|
|
|
| # ? May 15, 2024 13:29 |
|
|
^^^^^^^^^^^^^^ You can withdraw your plea, but you need to do it ASAP. This is a ticking clock, call a lawyer today. Hell, call the public defender if you can't afford one. Tell them in no uncertain terms that you want to withdraw your plea and may have received ineffective assistance of counsel. They should be able to put you on caneder to have the alternate defender appointed. You ahve a ticking clock for appeals too. 30 days http://www.courts.ca.gov/forms.htm?filter=CR You need at least CR-132, 133, and 134. They need to be filed with the court clerk. Get stamped copies and ask for an appointed attorney. You should have loving bailed out. Pleaing was goddamn stupid. I don't know whether you have grounds to withdraw, but you might. Pleaing simply go get out of jail (which my clients do despite me telling them not to) isn't grounds, but you might have others. Make sure you can locate the driver. Not legal advice, yadda yadda, just informing you that you have a very short tim period in which to ask. Hire an attorney. fordham posted:Purely academic questions, but ones I've wondered about : 2. Yes, they must have insurance nm fucked around with this message at 00:11 on Jul 22, 2011 |
|
#
?
Jul 22, 2011 00:03
|
|