I have only gone to small claims court before & when I won
I have only gone to small claims court before & when I won court costs were reimbursed by the the other side.Now I am in litigation in a civil suit and was thinking about hiring an attorney here in Arizona. Would/could attorney's fees be paid if I win for superior court?
I filed a civil suit in August 2016, sent a disclosure and
Hi I filed a civil suit in August 2016, sent a disclosure and in both documents listed legal theories as negligence & punitive damages. I am working on answering their interrogatories right now. I understand punitive is a way to make this utility company never repeat this bad behavior as I have sent their attorneys numerous harassment videos and audios that even the utility company adjusters had to even verbalize they had never seen their field workers act this way ever before. How do I go about punitive damages? Is this a separate civil form I need to fill out or simply a request in writing to their attorney?
Lucy, Is this saying that's at the pleading stage it doesn't
Hello again Lucy,Is this saying that's at the pleading stage it doesn't matter if the claim is true so long as it states a cause of action and claim for relief?It is immaterial whether an allegation is one of fact or conclusion if the complaint effectively states a claim for relief." 1 Kooman, Federal Civil Practice, 250.
Does the foreign company with no capacity in any state sue a
Does the foreign company with no capacity in any state sue a corporation in states ? Does it have a legal standing to sue in state ?JA: Since business law varies from place to place, can you tell me what state the corporation is registered in?Customer: Thank you ... it's rigistesterd in TexasJA: Has anything been officially filed? If so, what?Customer: Yes ... arbitration in New YorkJA: Anything else you want the lawyer to know before I connect you?Customer: Right now .. just this question
Bought house in Feb. 2014 from S who will carry the note for
B bought house in Feb. 2014 from S who will carry the note for 20 years. B became ill fell behind 3 or 4 months in house payments and property taxes. F contacted S before lending W $5,000 and previously loaned B $3,000 to B for the closing. F contacted S regarding the situation. Later the 3 met at B's home. B does not speak or read English, F was interpreting. B was told that S would foreclose on B if she does not grant F a 50% interest in her half interest to the property ( B's father owns the other half). B felt she had no choice but to adhere to their demand. S's lawyer drafted a warranty deed giving F 100% of B's interest not half of B's interest! F demanded that B leave the premises, B refused. F has been renting the apartment out to a tenant and keeps the money. The monies F has collected in rent has now exceeded the money she had loaned to B. What can B do if any to take F off the warranty deed. Will B succeed by arguing duress, and unconscionability. B continues to pay the monthly mortgage payments while F collects approx. $800.00 in renting the apartment! Often times B is left paying the renter's utilities when they claim they can't pay it. The mortgage is for twenty years!! This is totally unfair!
I own a franchised hair salon. Recently it came to light
I own a franchised hair salon. Recently it came to light that a former employee printed a proprietary customer list before resigning both under her own name and by using another person's ID under false pretenses. This employee then went to a competitor to begin working. I am trying to understand what legal avenues are open to me. It would appear that the person is guilty of theft. I have a paper trail that documents her accessing reports. But is it also unlawful for her new employer to benefit from my customer list? Can you please recommend an approach to this situation? Should I talk to the new employer? Approach the former employee? Looking for guidance.
Only... In reference to our previous conversations: I called
for Law Educator Only...In reference to our previous conversations:I called yesterday saying I was willing to work out an agreement to avoid being sued and wanted to know what steps could be taken going forward. They said initially that in return for leaving all the equipment, food, beverages, and smallwares they would not pursue legal action against me for breach of contract and would accept any payment amount I give them towards the delinquent rent (even if I say $100 a month). I was initially hesitant because they get to walk in and operate and don't have to pay for anything.The Chairman of Noble Roman's called me and we talked and he sent over this email:"Brad:As I just discussed with you on the phone, you are seriously in default of the rent which is going to end up placing you seriously in default of the Franchise Agreement. As I discussed on the phone, I want a friendly break and I am willing to forego all of the damages on the Franchise Agreement from here until the end, which I just told you I had not calculated that number but if I need to calculate it, it will be substantial. There is also neglected maintenance that has to be corrected and I am not going to charge you for that either if you cooperate and proceed as outlined in this e-mail.My proposal was, and is, a quick and easy way to resolve this is for you to leave everything in the facility that is there, walk away and we will take over. The amount of the back rent we will allow you to pay back to Noble Roman's over time. The credit that was due you from Sofo, if and when received, we will apply that credit to the unpaid balance of the back rent you still owe.You claim there are some pieces of equipment that are owned by your friend - that is between you and he and you work out with him whatever you need to work out but leave everything in the facility that is there now.Please call my cell phone, which is the number I just gave you, as soon as you receive this e-mail.Thanks.Paul"I called back and stated that I couldn't speak for the ownership of someone else's property and would have to talk to Mark and asked that I get something in writing. He replied, "It is in writing, I emailed you." I replied that I wanted something more official and he sent me the letter I will attach when you respond.