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Hub Cat posted:This is amazing https://www.timesfreepress.com/news/breakingnews/story/2019/aug/29/chattanooga-man-sues-popeyes-running-out-popular-chicken-sandwich/502385/ This is the best thing I have ever read.
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Sep 1, 2019 22:14
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What's the most ridiculous thing a client has ever wanted to bring a case over that you personally have witnessed?
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Sep 2, 2019 00:57
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VanSandman posted:What's the most ridiculous thing a client has ever wanted to bring a case over that you personally have witnessed? Most  was a woman whose plastic surgeon gave her butt implants with used implants. Infection. Sepsis. Necrosis. Use your imagination.That and any estate for a cat lady. She dies. Nobody knows because she's a lonely cat lady. Nobody feeds the cats, so they eat her. Then they eat each other. Then they starve. Then the power bill doesn't get paid. Then the fridge turns off and the freezer melts over the carnage. Then things get moldy. Then the landlord pays a visit because rent hasn't been paid or the neighbors notice a smell or water damage. Then I get a phone call.
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Sep 2, 2019 01:08
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Nonexistence posted:That and any estate for a cat lady. She dies. Nobody knows because she's a lonely cat lady. Nobody feeds the cats, so they eat her. Then they eat each other. Then they starve. Then the power bill doesn't get paid. Then the fridge turns off and the freezer melts over the carnage. Then things get moldy. Then the landlord pays a visit because rent hasn't been paid or the neighbors notice a smell or water damage. Then I get a phone call. This sounds like a shitshow I would enjoy reading a wikipedia article about.
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Sep 2, 2019 01:20
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Javid posted:This sounds like a shitshow I would enjoy reading a wikipedia article about. I think Elise told a story of something similar, if more horrific. It's in the old Healthcare workers thread, most likely.
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Sep 2, 2019 02:02
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CarForumPoster posted:Is this where we post sovereign citizens? Florida Man and literal crazy person Edward Shane West-El wants 2.5 million and for you to know that he's Not a Corporate Person or Entity, Misreresented by Fraudulent Construct of ALL CAPITAL LETTERS I think the problems here are the blank lines next to 2) and 6). I’m pretty sure those are the pieces that would really pull together the whole puzzle. Hub Cat posted:This is amazing https://www.timesfreepress.com/news/breakingnews/story/2019/aug/29/chattanooga-man-sues-popeyes-running-out-popular-chicken-sandwich/502385/ What is going on here? Did this guy get set up in a targeted sting, or did the culprit set a chicken sandwich web on Craigslist, and this guy was the first fly to wander into it?
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Sep 2, 2019 03:42
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Veni Vidi Ameche! posted:
I think it's the latter.
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Sep 2, 2019 04:01
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Veni Vidi Ameche! posted:I think the problems here are the blank lines next to 2) and 6). I’m pretty sure those are the pieces that would really pull together the whole puzzle. Dude got scammed but some low level dude trolling Craigslist for $25 scams. he just paid for that dudes next fix
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Sep 2, 2019 06:48
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VanSandman posted:What's the most ridiculous thing a client has ever wanted to bring a case over that you personally have witnessed? Including or excluding mental illness?
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Sep 2, 2019 06:52
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VanSandman posted:What's the most ridiculous thing a client has ever wanted to bring a case over that you personally have witnessed? Let's start with this past week: "I want to sue the city to plant trees." "Ok, but that's not how it works, what's the issue?" "They cut the branches off one of my trees, and now its no good so they need to plant a new one, and also plant more so it looks right." "Where are these trees?" "Right here (points to the city ROW along the sidewalk.)" "So they aren't on your property, they're not your trees, and they're basically just (squinting) 4 foot tall saplings that the developer put in when they started the neighborhood six months ago?" "Yeah, what's the issue?"
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Sep 2, 2019 07:36
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Had a client have me start on a process towards an employment discrimination suit due to what appeared to be genuine discrimination. Couple of letters later I brought the client in to dig deeper, since things weren't adding up. Turns out the actual discriminatory behavior (as finally admitted) included "whispers" out of nowhere, dirty disheveled skeletal women following them around stores screaming personal insults and offensive remarks about their mental health when their back was turned. Yes. After a quick chat with their doc, yeah full blown barely treated paranoid schizophrenia. Basically everything was either an outright lie or (at least for the crazy stuff) auditory or visual hallucinations.
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Sep 2, 2019 08:23
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Then there's "unlawful imprisonment" (psychiatric ward), "illegal seizure of driver's license" (got caught smuggling several pounds of marijuana), "unfair loss of driver's license" (stumbled drunk as a skunk into the police station, insisted on a breathalyzer test, very failed), "government took my hunting guns without my permission" (yeah no poo poo you shot a labrador), "goverment seized my illegal fish" (well you loving fished illegally, so) and my favourite that isn't really on point but whatever: "you won my case and got all my expenses covered too, I wanna bar complaint you for malpractice" (and they did! And lost). People are crazy and dumb. Just comes with the territory.
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Sep 2, 2019 08:49
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There's a rule here that if you apply for a partner visa and you or your children experience family violence, you can still get your visa even if the relationship ends. We had someone try to claim family violence consisting of a ghost haunting the house giving them a bad vibe. The tribunal decision is incredible because the tribunal member states they are not required to make a decision about whether ghosts are real because even if they were, it still wouldn't count.
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Sep 2, 2019 11:50
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VanSandman posted:What's the most ridiculous thing a client has ever wanted to bring a case over that you personally have witnessed? "While my four year old was fiddling with my phone he randomly downloaded a file hiding program (and no other programs), randomly set it up, and then randomly downloaded porn (including child porn) and randomly put only the child porn into the hidden folder."
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Sep 2, 2019 14:12
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joat mon posted:"While my four year old was fiddling with my phone he randomly downloaded a file hiding program (and no other programs), randomly set it up, and then randomly downloaded porn (including child porn) and randomly put only the child porn into the hidden folder." I had this but it was back when Kazaa was a thing and someone must have hijacked the computer to surreptitiously download multiple CP videos and pictures and save them on the computer and view them several times and not delete them
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Sep 2, 2019 15:46
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Two weeks ago: "I need a lawyer to represent me on an appeal from small claims court to real court." "Ok, tell me what's going on." "Well I showed up in County Court and the judge told me I couldn't represent our LLC outside of small claims, that a lawyer had to do it. Otherwise it would be me practicing law without a license." "That's correct. Who appealed the JP decision?" "I did - we won, but we only won $300 and I think we deserved $1,000, so I appealed." "Ok, for County Court, we need at least a$5,000 retainer." "But that's more than I'm trying to get?" "That's also correct." "Well can't you just put your name on the case for $200 and I'll do everything?" "You want me to accept $200 to aid and abet you practicing law without a license?" "Yeah." "I'm not going to do that." "Well, I guess you're not the lawyer for me." "No, I guess not."
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Sep 2, 2019 17:21
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blarzgh posted:"You want me to accept $200 to aid and abet you practicing law without a license?" And put your license on the line/accept malpractice liability for his stupid poo poo!
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Sep 2, 2019 17:25
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You guys don't have right to pro se? Technically we have a right of self-representation but for any kind of complex case (basically anthing that gets appealed in any way shape or form) the court can and usually does require the use of an advocate. I guess it's really just a technical distinction.
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Sep 2, 2019 17:37
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I think it’s not pro se to represent your LLC, even if you own 100% of it.
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Sep 2, 2019 17:43
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Nice piece of fish posted:You guys don't have right to pro se? Technically we have a right of self-representation but for any kind of complex case (basically anthing that gets appealed in any way shape or form) the court can and usually does require the use of an advocate. I guess it's really just a technical distinction. Individual people have a right to proceed pro se. If Florida, for example, corporations of any sort are specifically not individual people and cannot proceed in their own name without representation. A sole proprietorship can proceed pro-se because it's an individual acting in an individual capacity. A single member LLC is specifically a distinct entity from the individual who owns it, and therefore the individual cannot proceed pro-se on behalf of that LLC. The LLC thus must retain someone to appear for it in any legal proceeding. If that single member of the LLC is also a licensed attorney, they can represent the LLC. e: it all boils down to the legal fiction of the separate entity. If you want the limited liability shield that comes from incorporation, you must follow the procedural rules. Mr. Nice! fucked around with this message at 17:52 on Sep 2, 2019 |
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Sep 2, 2019 17:50
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disjoe posted:I think it’s not pro se to represent your LLC, even if you own 100% of it. Good point, it wouldn't be. E: I was kinda asking in general though, I couldn't see why it would be "pro se" for the LLC in small claims and then not-allowed "pro se" in big boy court. I kinda assumed from that that it would be possible, but obviously a corp is legally distinct from a board member, CEO or whatever so it wouldn't be "pro se" strictly speaking. We use a different word to describe a company representative in court, like a "deputy" or something along those lines. Mr. Nice! posted:Individual people have a right to proceed pro se. If Florida, for example, corporations of any sort are specifically not individual people and cannot proceed in their own name without representation. Well, any kind of company or registered group can empower a person from the company/group to appear for it over here, and in fact the court having a specific person to communicate with and appear with the necessary powers is a prerequisite, but usually the court will also require actual representation. It's just, you know, technically not required. Nice piece of fish fucked around with this message at 18:17 on Sep 2, 2019 |
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Sep 2, 2019 18:11
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In Texas you can only do it in small claims court where you're representing your LLC, and I think they are going to change it so that you can do it in other courts so long as you're the sole proprietor. Fewer pro se's in big boy court is good for everyone though.
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Sep 2, 2019 18:16
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blarzgh posted:In Texas you can only do it in small claims court where you're representing your LLC, and I think they are going to change it so that you can do it in other courts so long as you're the sole proprietor. Nobody likes a pro se.
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Sep 2, 2019 18:18
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Nice piece of fish posted:Good point, it wouldn't be. The only people who can appear in Florida courts are licenses attorneys and individuals proceeding pro se. An individual representing a business, even if it is a single member LLC, is engaging in unlicensed practice of law and can be found in violation of the rules regarding the bar and assessed a civil fine. Here's a small quote from a SCoFL case where a church and a pastor were both enjoined from the unlicensed practice of law: quote:Szteinbaum v. Kaes Inversions y Valores, C.A., 476 So.2d 247, 248 (Fla. 3d DCA 1985) (holding that "a corporation, unlike a natural person, cannot represent itself and cannot appear in a court of law without an attorney"); Richter v. Higdon Homes, Inc., 544 So.2d 300, 300 (Fla. 1st DCA 1989) (finding that a corporation "may not represent itself through non-lawyer employees ... even where the non-lawyer purporting to represent the corporation is the sole shareholder of the corporation"). Here's the full decision if you want to get into the particulars: https://www.leagle.com/decision/20001814761so2d105311698
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Sep 2, 2019 18:22
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https://www.courtlistener.com/docket/15721213/parties/moreno-v-hro-innovation-construction-inc/ Assuming the docket is correct, this dude appeared in fed court on a FLSA as a pro se defendant and representing the company.
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Sep 2, 2019 20:36
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CarForumPoster posted:https://www.courtlistener.com/docket/15721213/parties/moreno-v-hro-innovation-construction-inc/ Not a lawyer From my review of that, I don't see any actions by the defendants - so the court wouldn't know who's representing them if they aren't responding to the court. The plaintiff got a default judgment, then an order to vacate without an explanation in the description My guess is that the company settled with him once he knocked on their door with the judgment, to avoid him bringing in any other "similarly situated employees like plaintiff"
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Sep 2, 2019 23:38
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Also that’s a federal claim under federal law in front of a magistrate not a federal district judge. If it was a diversity case in district court on a state law claim, the result would be different.
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Sep 2, 2019 23:41
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Mr. Nice! posted:Also that’s a federal claim under federal law in front of a magistrate not a federal district judge. I just looked at it on Pacer, that docket was out of date and a real attorney appeared on behalf of defendants. Plaintiff tried to default defendant, defendant hired real lawyer, lawyer got court to vacate the default.
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Sep 3, 2019 04:30
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Pro sea in big person courts are usually a travesty that muck everything up for everyone and lead to bad law. Just a mess.
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Sep 3, 2019 10:46
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That sounds like advice for the Admiralty courts
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Sep 3, 2019 13:28
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Heners_UK posted:Did you keep a copy (somehow) of what you signed yesterday? Yes, we've downloaded copies of all three contracts. They removed the +75 one from hellosign and have replaced it with a +100. It just keeps getting weirder. I'm aware they're trying to get us to leave, but I really don't want to move when we're trying to buy a house next year. Also were getting married in Dec so this is just the worst possible time for all this. We were assured that the +75 was the final one, and I guess it was for all of a few hours? Edit: I'm trying to find a lawyer to get a consultation but so far they all only represent landlords
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Sep 3, 2019 20:14
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Guildenstern Mother posted:Edit: I'm trying to find a lawyer to get a consultation but so far they all only represent landlords I'd contact your local housing associations or rental advocacy groups to find one.
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Sep 3, 2019 21:00
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Would it fall under breach of contract by chance? I'm looking for advocate groups but most of them seem hud related
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Sep 3, 2019 21:35
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euphronius posted:Pro sea in big person courts are usually a travesty that muck everything up for everyone and lead to bad law. Just a mess. They can also lead to hilarious tazings
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Sep 4, 2019 21:16
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With the demise of the landlord thread I guess I have to ask in here  I have a family who wants to rent half my duplex: - Father makes $200,000-$300,000/year from biz dev consulting (he did show tax returns, assuming they are real) and my rent is $3500/mo - He filed for bankruptcy last year (partner for a side-hustle allegedly screwed him so he had to bail) - He paid $6000/month for 4 years at his previous place, but at some point around the bankruptcy he fell behind and landlord evicted him. He has a repayment plan in place with landlord. Landlord refused to say anything to me besides "no comment", even though I had a signed release from applicant. This is of course the riskiest applicant I've ever seen. He is desperate to find a place (wife and 6 kids, currently all staying at an AirBnB) and it is obvious no one else will give him the time of day. I'm not getting any other bites on the apartment at the moment because it is 6 bedrooms and not many families are big enough to be interested, so while I'm not as desperate as him I don't want the place staying vacant. His proposition to me is that I can write up a 1-year lease that has him paying a large amount in advance (i.e. double my rent for the first 3 months) in order to build up a reserve, give me visibility into his income, add language to make it easy to evict him ASAP if he falls behind on the reserve, and add language that says he can't discharge debt to me with another bankruptcy. This was all his idea, though he admits he's not sure how much of that would actually be enforceable here in Massachusetts. I'm looking around for a lawyer tomorrow, but can anyone give me a general preview on how much I can write this lease in my favor and still have be enforceable? All I really want is to be able to kick them right the gently caress out if the writing is on the wall that they're going to fall behind. I want to have them out and refund them any reserves before they ever get the chance to actually owe me money. I've heard horror stories about families that stop paying rent after a couple months and then pull shenanigans in court to stall eviction indefinitely so they can just live rent-free forever. That would cost me the house if something that extreme happened.
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Sep 5, 2019 03:10
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This is a massive local variance thing I'm pretty sure.
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Sep 5, 2019 03:19
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Zero VGS posted:His proposition to me is that I can write up a 1-year lease that has him paying a large amount in advance (i.e. double my rent for the first 3 months) in order to build up a reserve, give me visibility into his income, add language to make it easy to evict him ASAP if he falls behind on the reserve, and add language that says he can't discharge debt to me with another bankruptcy. This was all his idea, though he admits he's not sure how much of that would actually be enforceable here in Massachusetts. I can't speak to the contractual negation of the possibility of bankruptcy. And I'm not a lawyer. But I am a foreign service officer, and due to the weird way our per diem decreases over time, it's relatively common for my coworkers to structure leases this way (as renters and occasionally as landlords to one another) when they are in training in the DC area. I would caution you against framing it as building a refundable reserve. I would make the actual rent change on a schedule, so that you are actually owed the larger amounts up front, to compensate you for the risk you are taking on. This will let you build up your cash reserves for cash flow purposes, and you can retain the cash if things go sideways. Why the hell would you structure it with the intent to GIVE THEM MONEY BACK if they screw things up so badly that you have to kick them out?
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Sep 5, 2019 12:14
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Tyro posted:I'm not a lawyer. Although actually the decreasing rent schedule isn’t a bad idea if it allowable in that jurisdiction. Historically leases were Due all up front. This was back when the lease was seen as more of a property law thing. The monthly payment thing is modern invention as this arrangement has moved more into contract and statutory law. euphronius fucked around with this message at 12:42 on Sep 5, 2019 |
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Sep 5, 2019 12:38
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Which one of you fine folks decided to run for Tennessee's highest office? https://youtu.be/fnx-SqMYknI
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Sep 6, 2019 03:05
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Well whatever was going on with my bullshit property manager seems to have sort of resolved itself. We're back to the +75 increase (assuming they actually sign), I'm assuming someone mentioned to someone up the chain that juggling us around to see how high we'd go was skirting the boundaries of both asshattery and legality.
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Sep 6, 2019 03:25
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