|
I actually have a case right now that turns on this issue. Contractor installs a feature in the homeowner's back yard, tells homeowner, "we need to remedy the drainage." Homeowner says "Nah, we'll do it later." Next week, rain, flood, neighbor's yard gets hosed. Homeowner calls contractor and says, "Rain, flood, neighbor's yard gets hosed!" Contractor is like, "told ya. But we'll come out and fix it anyways AND fix the neighbor for free." Contractor shows up 24 hours later, fixes neighbor's yard then goes back next door; but wait! Homeowner hired a lawyer in the intervening 24 hours who is now there at the property telling the Contractor to leave! "You can't do anything out here until we say so!" Well months and months go by and neighbor (naturally) gets flooded again, but the contractor is never informed, oh and the dumbass lawyer who shooed contractor away in the first place drops the ball, never answers when neighbor finally sues, and homeowner gets a $10,000 default judgment against them from the angry neighbor. And now homeowner wants to blame Contractor, and refuses to settle their case because they paid their deadbeat lawyer who hosed up the case $15,000, they had to pay their new lawyer $5,000 and they have to pay their neighbor $10,000. All over a $2,500 repair that contractor was happy to do for free, even though it was homeowner's fault to begin with. blarzgh fucked around with this message at 19:49 on Jun 12, 2020 |
#
?
Jun 12, 2020 19:46
|
|
|
|
| # ? Jun 3, 2024 22:21 |
|
|
Bad Munki posted:A minor accomplishment of mine, I suppose. 
|
|
#
?
Jun 12, 2020 20:24
|
|
|
Leperflesh posted:In this imaginary case, the farmer built the fence around the equipment after it was left there. Does that still count as "always going to be"? Can the landowner build an Expensive Spite Wall around the excavator, just so he can incur some damages the trespasser will then have to cover? In addition to the mitigation issue, courts tend to hate people playing games like this. The last thing a judge wants to do is actually have to judge anything, and trying to be cute about poo poo that they then have to think about really pisses them off.
|
|
#
?
Jun 12, 2020 20:30
|
|
|
Also, damages generally aren't the cost to fix things *now*, they're the cost to fix things at the time that the damage occurred. Necessary and inevitable consequences are included in that because, no matter how you fixed things at the time, you'd have to pay those costs. Tearing down the spite fence is different.
|
|
#
?
Jun 12, 2020 20:38
|
|
|
Zero VGS posted:Guy was served No Trespass Order (worded to take effect 24 hours after serving to give guy one last chance to self-remove crap) 24 hours ago by constable (hid from constable the day before, owner tricked him to come out yesterday with "hey you better get out here if you care about your cars being towed" which prompted guy to appear and You Got Served). Owner showed up with tow truck, dumpster, police, and hell's angel as promised. Guy is not there, keys don't work on locks so cops watch as owner drills out the locks and boots the door in like a boss. Guy rides in on a dirt bike and starts yelling at the tow truck to put his car down. Guy brings the police back upstairs and pulls out his couch to reveal... a bed! "I'm living here!" Owner plays cops the recording where guy agrees to be recorded stating emphatically that he doesn't live there and only a loser would live in such a rundown unlivable space. Owner tries calling the building inspector (who said to call him if the guy tries this stunt) but building inspector has apparently hosed off for the weekend. Cops say "welp, this is a civil matter, even if he's squatting you can't toss his stuff". Owner disengages and leaves guy's stuff all where it is minus doorknobs/locks which were already chucked. Guy volunteers to cops "I'm going to be gone in a week anyways" which police note in the report. Guy has one last surprise, he produces a paper lease with the previous owners from 2019 (previous owners told current owner many times that there was no lease at all for him and it was just a verbal agreement). Lease is for "garage and storage" only, agreement may be terminated by either party in writing giving 30 days notice (which apparently hasn't happened). Guy is using the downstairs as an unlicensed commercial garage and living in the upstairs in violation of the lease. One can only assume the city housing inspections director is not going to appreciate being lied to by this guy. Guy might prove hard to remove nonetheless unless the case can be made for how it's a death trap in there (combustion engines plus non-code gas appliances, so on).
|
|
#
?
Jun 12, 2020 23:53
|
|
|
blarzgh posted:I actually have a case right now that turns on this issue. Contractor installs a feature in the homeowner's back yard, tells homeowner, "we need to remedy the drainage." Wait, a contractor doing the right thing? Is this some sort of mock trial?
|
|
#
?
Jun 13, 2020 02:34
|
|
|
Thomamelas posted:Wait, a contractor doing the right thing? Is this some sort of mock trial? Cheaper than getting mired in legal bullshit generally.
|
|
#
?
Jun 13, 2020 02:38
|
|
|
What was the point of bringing the cops for an eviction if they weren't going to help with the eviction?
|
|
#
?
Jun 13, 2020 02:39
|
|
|
blarzgh posted:And now homeowner wants to blame Contractor, and refuses to settle their case because they paid their deadbeat lawyer who hosed up the case $15,000, they had to pay their new lawyer $5,000 and they have to pay their neighbor $10,000. Is there a type for these deadbeat lawyers, or does it range from legal partner in a expensive looking firm to guy leaving business cards in windshields at parking structures? I assume if you call the state bar for recommendations, you have a good chance of not wasting $15k on some layabout who will blow smoke up your rear end about what a genius you are and just encourage your stupidity (which is probably a feature for some people) Outrail posted:What was the point of bringing the cops for an eviction if they weren't going to help with the eviction? People tend to get heated and emotional when their worldly possessions are being dumped onto the sidewalk. pentyne fucked around with this message at 02:44 on Jun 13, 2020 |
|
#
?
Jun 13, 2020 02:40
|
|
|
pentyne posted:People tend to get heated and emotional when their worldly possessions are being dumped onto the sidewalk. Right. Duh. 
|
|
#
?
Jun 13, 2020 02:43
|
|
|
Outrail posted:What was the point of bringing the cops for an eviction if they weren't going to help with the eviction? The real question is what was the point of bringing a family friend who's a Hells Angel if you also invited the cops?
|
|
#
?
Jun 13, 2020 03:48
|
|
|
One of them is a highly dangerous individual prone to bouts of incredible violence with little to no provocation with a well-known reputation for brutality and death, and the other is a Hell's Angel
|
|
#
?
Jun 13, 2020 04:22
|
|
|
therobit posted:The real question is what was the point of bringing a family friend who's a Hells Angel if you also invited the cops? One of them might just not show up
|
|
#
?
Jun 13, 2020 05:13
|
|
|
Yeah but again, I think the Hells Angel is the most reliable way to a positive outcome here. Sure he might show up lazy and hung over, bit the cops definitely will. A Hells Angel is unlikely to shrug and say it's a civil matter.
|
|
#
?
Jun 13, 2020 05:33
|
|
|
Malachite_Dragon posted:One of them is a highly dangerous individual prone to bouts of incredible violence with little to no provocation with a well-known reputation for brutality and death, and the other is a Hell's Angel
|
|
#
?
Jun 13, 2020 05:39
|
|
|
pentyne posted:Is there a type for these deadbeat lawyers They definitely have a type.
|
|
#
?
Jun 13, 2020 05:39
|
|
|
Thomamelas posted:Wait, a contractor doing the right thing? Is this some sort of mock trial? There's lots of great contractors and GCs out there and plenty of lovely ones. Just like landlords, lawyers, whatever. It's just that you only hear the horror stories. When I say, "think of fireworks" you only think about the explosions, not all the un-exploded ones still in the box.
|
|
#
?
Jun 13, 2020 05:42
|
|
|
That just reminded me I have half a box of fireworks under my bed. Hmm.
|
|
#
?
Jun 13, 2020 05:48
|
|
|
Even in the purely selfish cost/benefit analysis of a vaguely scrupulous contractor, it's better to do poo poo right the first time than have to go back and fix it later. this is ESPECIALLY true if the customer turns out to be a gigantic rear end in a top hat who you want to conclude your business with sooner than later In contrast, even when everyone else involved has already tried to make them more than whole just to get them to gently caress completely off, sometimes a gigantic rear end in a top hat who's decided they've been wronged will spend six months dying on that hill no matter how stupid the fight is, only to end up paying everybody's lawyers for their trouble
|
|
#
?
Jun 13, 2020 06:01
|
|
|
Outrail posted:That just reminded me I have half a box of fireworks under my bed. Seriously they're explosives why would you store them under where you sleep and not somewhere outside of your home.
|
|
#
?
Jun 13, 2020 10:23
|
|
|
Alchenar posted:Seriously they're explosives why would you store them under where you sleep and not somewhere outside of your home. It's just one or two. Storing them outside means they're getting hot/cold and probably damp. If my bedroom is on fire my house is already done for and I'm probably dead anyway. Might as well go out loud.
|
|
#
?
Jun 13, 2020 15:33
|
|
|
Outrail posted:It's just one or two. Storing them outside means they're getting hot/cold and probably damp. This is reasonable, but you are forgetting how terrified goons are of fire.
|
|
#
?
Jun 13, 2020 17:18
|
|
|
This is a great time to remind everyone to check their smoke detectors: age, battery, test button to see if it actually makes noise, and finally that there is one in every bedroom and on every level of the home.
The Gardenator fucked around with this message at 17:55 on Jun 13, 2020 |
|
#
?
Jun 13, 2020 17:50
|
|
|
Outrail posted:It's just one or two. Storing them outside means they're getting hot/cold and probably damp. Well it depends right? I mean are there stairs in your house, if so yeah you’re probably doomed.
|
|
#
?
Jun 13, 2020 18:30
|
|
|
Explosives destabilise over time.
|
|
#
?
Jun 13, 2020 19:35
|
|
|
The Gardenator posted:This is a great time to remind everyone to check their smoke detectors: age, battery, test button to see if it actually makes noise, and finally that there is one in every bedroom and on every level of the home. Don't worry, they self test frequently and annoyingly to let me know that the battery is low or that I've forgotten the kitchen fan, again.
|
|
#
?
Jun 13, 2020 20:34
|
|
|
Outrail posted:It's just one or two. Storing them outside means they're getting hot/cold and probably damp. You realize your bedroom might not catch on fire if you didn't store explosives in it, right?
|
|
#
?
Jun 13, 2020 21:11
|
|
|
Dear legal questions thread, my insurance won't pay out because I kept fireworks under my bed...
|
|
#
?
Jun 13, 2020 21:33
|
|
|
This is probably the silliest question asked in this thread, but i’m genuinely curious. These conjoined twins, Abby and Brittany Hensel, what if one of them shot and killed someone in an aggrivated first degree murder, and there was no evidence that her sister had any culpability?  I wondered about this after watching a video about a woman named Mayra Rosales, who was charged with the murder of her nephew, but they couldn’t send her to prison because she weighed almost 1,000 pounds. They had to bring her in court on her mattress. But it turned out her sister was at fault and she tried to take the blame for it.
|
|
#
?
Jun 13, 2020 22:29
|
|
|
The other one would have to be an accessory to murder
|
|
#
?
Jun 13, 2020 22:30
|
|
|
euphronius posted:The other one would have to be an accessory to murder What if their length of incarceration varied?
|
|
#
?
Jun 13, 2020 22:34
|
|
|
Motronic posted:What if their length of incarceration varied? Your jumping the gun: they would need different lawyers !!!
|
|
#
?
Jun 13, 2020 22:35
|
|
|
https://twitter.com/bugeyes64/status/1272263135664185345?s=21 Question: why hasn’t this thread mentioned you could watch divorce trials live, it sounds like it could either be pretty funny or boring
|
|
#
?
Jun 15, 2020 02:11
|
|
|
Louisgod posted:https://twitter.com/bugeyes64/status/1272263135664185345?s=21 This is so weird. Here's Zoom oral arguments in front of the state supreme court. The justices lose some of their gravitas sitting in a dumpy home office chair. https://www.youtube.com/watch?v=YULidnlDmD0
|
|
#
?
Jun 15, 2020 02:20
|
|
|
Louisgod posted:https://twitter.com/bugeyes64/status/1272263135664185345?s=21 I mean, you could always go watch trials and hearings in person; Open Courts Doctrine and all that. The way they're doing it here for me is that the zoom hearing has a link to the youtube stream, but because Court rules prohibit recording you can only watch it live. If you can find the relevant Court's youtube page, I guess you could sit and see if anything interesting goes up to watch, but thats a crap shoot. If you're really dedicated, you can look up the Court's docket and pick what you want to watch, but be warned: if the Court has a bunch of poo poo stacked up, its very likely each thing will run over into the next thing's time slot so if what you want to watch is the 4th thing set that morning, it may not start for a long time after it is scheduled. Trials, however, typically start when they are scheduled to. Edit- Also, be advised: many many divorce trials set on a docket, especially those set early in the morning with multiple cases set at that time, are "prove ups"; these are agreed divorces where both sides read a script for two minutes and its over. These will not be interesting to see. blarzgh fucked around with this message at 14:24 on Jun 15, 2020 |
|
#
?
Jun 15, 2020 14:15
|
|
|
Is there a good set of links.. court poo poo is def my jam I love watching trials and stuff.. Divorce would be even more fun to watch but like you said would be a pain in the dick to chase down.
|
|
#
?
Jun 15, 2020 15:28
|
|
|
therobit posted:This is reasonable, but you are forgetting how terrified goons are of fire. Alchenar posted:Explosives destabilise over time. BonerGhost posted:You realize your bedroom might not catch on fire if you didn't store explosives in it, right?
|
|
#
?
Jun 15, 2020 15:35
|
|
|
Aw man, I was hoping to watch the contentious divorces where poo poo gets sour
|
|
#
?
Jun 15, 2020 15:51
|
|
|
Anything involving kids is going to be closed anyway.
|
|
#
?
Jun 15, 2020 18:28
|
|
|
|
| # ? Jun 3, 2024 22:21 |
|
|
tater_salad posted:Is there a good set of links.. court poo poo is def my jam I love watching trials and stuff.. Divorce would be even more fun to watch but like you said would be a pain in the dick to chase down. The British Columbia Court of Appeal is streaming all their hearings over Zoom: https://www.bccourts.ca/court_of_appeal/hearing_list/lists/weekly_hearing_list/Weekly%20Hearing%20List.pdf
|
|
#
?
Jun 15, 2020 18:48
|
|
