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But like, what if plaintiff is an invalid who can't speak for themselves? What if the defendant doesn't speak English?
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Oct 7, 2019 17:21
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Then I guess their guardian speaks for them or they get an interpreter. I dunno, man. I'm not a CA lawyer, I just go off what local counsel tells me.
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Oct 7, 2019 17:36
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VA does this as well
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Oct 7, 2019 18:31
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That seems insane to me.
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Oct 7, 2019 18:42
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blarzgh posted:But like, what if plaintiff is an invalid who can't speak for themselves? Anyone who isn't a lawyer can basically speak for them. The whole idea is too keep lawyers out so it is a more even playing field. Note you can remove a case to superior court or have a trial de novo if you want, so it really isn't that a big a deal. However, for easy claims, even otherwise represented parties like it because it keeps bills way way down. Also, most people fail to appear.
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Oct 7, 2019 22:40
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What happens if the plaintiff or defendant is themselves a lawyer
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Oct 7, 2019 23:05
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Volmarias posted:What happens if the plaintiff or defendant is themselves a lawyer Shock collar with a microphone. The collar goes off if it hears Latin, a word with more than three syllables, or a word that is in Black's Law Dictionary but not in Merriam-Webster's School Dictionary.
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Oct 7, 2019 23:18
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Volmarias posted:What happens if the plaintiff or defendant is themselves a lawyer then they have a fool for a client
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Oct 7, 2019 23:21
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Alchenar posted:then they have a fool for a client When do they not though? 
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Oct 7, 2019 23:26
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Volmarias posted:What happens if the plaintiff or defendant is themselves a lawyer I did it when I got hit by a car I won. Lawyers pro se are the only exception.
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Oct 8, 2019 00:01
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nm posted:Anyone who isn't a lawyer can basically speak for them. You say that like I could get Jack Thompson to speak for me.
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Oct 8, 2019 01:21
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Meth House reminds me of a scene in Breaking Bad where Saul Goodman buys a house for 1/3rd the asking price because he knows the sellers haven't disclosed that it had a meth lab in the basement. He describes it as fraud, covering up a felony, implying they could be in legal trouble if they don't accept his lowball offer. Are Saul's negotiating tactics legal, or is it extortion?
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Oct 8, 2019 03:00
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Chamale posted:Are Saul's negotiating tactics legal This is a serious question in the serious legal questions thread.
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Oct 8, 2019 03:07
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Chamale posted:Meth House reminds me of a scene in Breaking Bad where Saul Goodman buys a house for 1/3rd the asking price because he knows the sellers haven't disclosed that it had a meth lab in the basement. He describes it as fraud, covering up a felony, implying they could be in legal trouble if they don't accept his lowball offer. Are Saul's negotiating tactics legal, or is it extortion? Was the house in fact a meth house that wasn't disclosed on the seller's disclosure? When I sold my house last year, I had to state, several times, that there hadn't been a meth lab inside the house. I mean, I can understand why they would think so, given how messy our house generally is, but still.
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Oct 8, 2019 05:38
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sullat posted:Was the house in fact a meth house that wasn't disclosed on the seller's disclosure? Yes. Saul knows this because his client, the sellers’ son, made meth there. But, while IANAL, as I understand it “give me what I want or I will report you for very real crimes” is still extortion and can be illegal. Platystemon fucked around with this message at 06:34 on Oct 8, 2019 |
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Oct 8, 2019 05:51
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More info from the situation (if it matters, and based on the responses I see what you guys are saying from a small claims standpoint and it makes sense- my sister lives in Denver and flew out for this and the house was in Los Angeles. We live in the Bay Area, so I'm assuming we'd have to file in HIS county, not ours,or at least provide a compelling reason (from what I can discern online) as to why it makes sense to do it here). The guy in question is friends with the owner apparently. He lives in that back addition with the hidden door full time. This was discussed during the questioning by the police and I didn't get the full details of the convo from my sister until I talked to her late last night. I got most of the info from my fiancee who arrived after the cops had already been there for a little while. Last night (after I posted my OP) the landlord sent this text to the MoH:  I'm not going to be making the final call on this situation obviously, I just told them I'd try to get a grip on what their options are (read: outsource it to smarter people that know more about this i.e. all of you) and try to present them with the best course of action. I tend to be the de facto 'writer of letters' since I've had success contacting Comcast/Dish Network/DirecTV/AT&T etc when there have been issues for all families and friends and gotten pretty good results with a small amount of time invested. Being a former english major isn't the worst thing- it's amazing what a semi-coherent, semi-literate message sent to the right people can accomplish. It seems that's the best course of action, to AirBNB specifically. I was just in total protective brother/fiancee mode after considering that A) the guy in the hidden room likely went into the house when the women weren't there and who the gently caress knows what he did (the first night, Thursday, there were lights on in rooms that they swore they left off before going to dinner- something they chalked up to nothing at first then thought about again after the incident) and B) may or may not have had cameras in the house because the girls were moved to a new place off the radar at the very last second after being told there would be 6 girls there. With regards to the text sent from the landlord, I told the MoH not to respond. I don't know but I'm assuming that if she asks for money as a form of 'compensation' directly through him (as opposed to routing it through AirBNB) he'd then be able to turn around to AirBNB and claim that she was extorting him by threatening to leave a negative review if he didn't pay her off. Also, none of the girls (my sister included) want his money. They just want to try and punish him legally if possible, but at a minimum through AirBNB. If there were damages awarded legally, cool. But they all were in agreement that they didn't want hush money for the sake of not leaving a negative review. TheKevman fucked around with this message at 06:16 on Oct 8, 2019 |
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Oct 8, 2019 06:13
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What would the ideal resolution of this situation look like to you/them? He wouldn't be able to be an AirBNB host ever again? RICKON WALNUTSBANE fucked around with this message at 07:47 on Oct 8, 2019 |
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Oct 8, 2019 07:44
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RICKON WALNUTSBANE posted:What would the ideal resolution of this situation look like to you/them? He wouldn't be able to be an AirBNB host ever again? I'm not sure how it works with AirBNB but I think they'd like to be able to have him suspended if possible, similar to an Uber driver situation. Or some sort of AirBNB review.
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Oct 8, 2019 09:02
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Remember that Airbnb is not the only place where you can put a house up for short term rent. Do you want to chase up every place he could list his properties? Unrelated, but a while back I went past a lawyers office that was named after I presume the two main partners, and it, the footpath, the lamp posts were absolutely plastered with flyers and hand made posters saying "Partner name #1 LIES to clients, withholds evidence from Court, etc." Sounds like somebody has a real bone to pick with that lawyer... Isn't appealing to the Bar the way that sort of issue should be handled? Anyone else seen that sort of thing from disgruntled clients?
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Oct 8, 2019 09:21
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Lobsterpillar posted:Do you want to chase up every place he could list his properties? No, just the one that matters the most.
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Oct 8, 2019 09:31
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TheKevman posted:I'm not sure how it works with AirBNB but I think they'd like to be able to have him suspended if possible, similar to an Uber driver situation. Or some sort of AirBNB review. I’m not sure how AirBnB refunds work but it’s possible it’s treated as a settlement with a confidentiality/non-disparagement provision. So you may have to choose between money or the satisfaction of leaving a bad review.
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Oct 8, 2019 12:42
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Take the drat money!
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Oct 8, 2019 13:42
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Chamale posted:Meth House reminds me of a scene in Breaking Bad where Saul Goodman buys a house for 1/3rd the asking price because he knows the sellers haven't disclosed that it had a meth lab in the basement. He describes it as fraud, covering up a felony, implying they could be in legal trouble if they don't accept his lowball offer. Are Saul's negotiating tactics legal, or is it extortion? I think it is technically blackmail, but I'm sure that the Lawyer's rules of ethics prohibit any lawyer from "threatening criminal prosecution to gain an advantage in a civil matter." so while its probably a crime, its definitely something he could get disbarred over.
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Oct 8, 2019 13:48
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IANAL but you should probably all sit down and cool off a little and think about how much more of your lives you want to spend dealing with this dude and his weird friend. I understand that you're pissed off about this, but is the solution you want to force yourselves to spend even more time and effort on this guy? If you pursue it legally, you're absolutely going to have to spend more of your time thinking about him, dealing with it all, and you won't get to move on for X amount of time. Sometimes that's worth it, but if he's already offering compensation up front...? Think really long and hard about that. I had a rock solid small claim against an old landlord, but I dropped it and walked away because ultimately it was way, way better for me to write that person out of my life as soon as possible, instead of spending time dragging them through small claims and then trying to enforce a judgement against a nutcase that would have taken ages to get through - and the whole time, I'd be stuck dealing with her and all her bullshit. It's one thing when you are talking about serious compensation for damages, etc. but there are times you are better served forgetting about it.
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Oct 8, 2019 13:56
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Why wouldn’t someone want to buy a meth house?
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Oct 9, 2019 02:58
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FrozenVent posted:Why wouldn’t someone want to buy a meth house? https://www.cbsnews.com/news/missou...tamines-couple/ Meth is soaked into the walls.
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Oct 9, 2019 03:06
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FrozenVent posted:Why wouldn’t someone want to buy a meth house? It causes some pretty nasty health problems, and it's harder to remediate for than asbestos is.
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Oct 9, 2019 07:59
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it makes no sense. meth is expensive, a house of meth should be $$$$$
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Oct 9, 2019 13:20
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Submarine Sandpaper posted:it makes no sense. meth is expensive, a house of meth should be $$$$$ You'd never have to sleep again!
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Oct 9, 2019 13:40
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How do inheritance taxes work? I'm sure a few of you are familiar with my horrible ungodly situation ( dad murdered mom). I have a probate attorney for mom's estate and I am using the same guy my Uncle is for Grandma's estate, that mom's estate is a beneficiary of. Now, I understand they way this will go, is the proceeds of grandma's estate will be bequeathed to the estate of my mom and then from mom's estate to my sister and myself. Where or when does the IRS take their cut?
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Oct 10, 2019 18:55
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How much is the estate
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Oct 10, 2019 19:04
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Farking Bastage posted:How do inheritance taxes work? I'm sure a few of you are familiar with my horrible ungodly situation ( dad murdered mom). I have a probate attorney for mom's estate and I am using the same guy my Uncle is for Grandma's estate, that mom's estate is a beneficiary of. Now, I understand they way this will go, is the proceeds of grandma's estate will be bequeathed to the estate of my mom and then from mom's estate to my sister and myself. Where or when does the IRS take their cut? unless it's many millions of dollars, there's no tax at all welcome to america
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Oct 10, 2019 19:06
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Grandma's is probably 7 figures, I really don't know yet, but they were well off. Split 3 ways between mom and my two uncles, then mom's share will split between myself and my sister.
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Oct 10, 2019 19:07
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Farking Bastage posted:How do inheritance taxes work? I'm sure a few of you are familiar with my horrible ungodly situation ( dad murdered mom). I have a probate attorney for mom's estate and I am using the same guy my Uncle is for Grandma's estate, that mom's estate is a beneficiary of. Now, I understand they way this will go, is the proceeds of grandma's estate will be bequeathed to the estate of my mom and then from mom's estate to my sister and myself. Where or when does the IRS take their cut? How much is the estate and what state are you in? You'll likely have to worry more about state estate taxes than federal. The exemption for the federal estate tax is $11.4 million for 2019. If it's under that amount, there shouldn't be anything to worry about. If it's over, someone would need to see the will and know what the assets are.
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Oct 10, 2019 19:10
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Farking Bastage posted:Grandma's is probably 7 figures, I really don't know yet, but they were well off. Split 3 ways between mom and my two uncles, then mom's share will split between myself and my sister. Last I checked, she'd need to be 8 figures, but you'll probably want to make sure.
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Oct 10, 2019 19:11
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The actual process is that you report the inheritance on your taxes at the end of the year that you received it. If you normally do your taxes yourself, this year you should shell out the $200 for a CPA to do it.
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Oct 10, 2019 19:13
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Thanks guys. The estates are in Georgia. I live in Florida.
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Oct 10, 2019 19:18
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Farking Bastage posted:How do inheritance taxes work? I'm sure a few of you are familiar with my horrible ungodly situation ( dad murdered mom). I have a probate attorney for mom's estate and I am using the same guy my Uncle is for Grandma's estate, that mom's estate is a beneficiary of. Now, I understand they way this will go, is the proceeds of grandma's estate will be bequeathed to the estate of my mom and then from mom's estate to my sister and myself. Where or when does the IRS take their cut? Tax questions thread here, although don't expect much for what could be a very complex issue: https://forums.somethingawful.com/showthread.php?threadid=3394641 As others have said, if you're anywhere near the exclusion limits, you need to talk to a tax professional (not just H&R Block walk-in or whatever). Your estate attorney should know at least this much.
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Oct 10, 2019 19:29
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Some estates do have to file federal income tax returns even if not eligible for estate tax. It depends on the assets in the estate and whether any of those assets are generating income or losses.
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Oct 10, 2019 22:19
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Some states have estate taxes
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Oct 10, 2019 22:44
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