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I am told the statute of limitations on using Mistake as an

Hi, I am told the statute of limitations on using Mistake as an affirmative defense to breach of contract is 3 years. Is this true and can you cite an authority for this? Thank you!JA: Because laws vary from state to state, could you tell me what state is this in?Customer: AZJA: Have you talked to a lawyer yet?Customer: Only hereJA: Anything else you think the lawyer should know?Customer: noJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Corporate Lawyer about your situation and then connect you two.

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legalg

Juris Doctorate

 
12,296 satisfied customers
I have a case in civil state court. I did plead fraud with

I have a case in civil state court.I did plead fraud with specificity. I wished to establish a pattern of illegal acts by the company against other tenants. I also charged that they engaged in mail fraud by using the mail to charge their tenants illegal debts.The Judge initially allowed my discovery of information regarding other tenants at one hearing.The Defense objected after the hearing where this discovery was discussed extensively and they agreed to produce. They filed a motion to Quash discovery arguing, prior bad acts have no bearing on my case, and they were concerned with the privacy of other tenants.The Judge changed his mind, bared this discovery and rejected my pleading of Fraud with Specificity, without hearing arguments from me. He barred my charge of mail-fraud and RICO stating that such charges could only be brought in Federal Court.I don't want to piss this judge off, but what can I do?

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Ely

Counselor at Law

Juris Doctor

 
62,126 satisfied customers
I red an interior decorator to furnish my home. She in turn

I hired an interior decorator to furnish my home. She in turn hired a delivery company. They overcharged her for the delivery so she refused to pay them the extra. The sent me a letter today statin intent to take me to small claims court. I didn't contract with them, am I liable?

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William B. Esq.

Attorney

Doctoral Degree

 
18,554 satisfied customers
Please direct question ONLY to: GWarren Customer Advocate

Please direct question ONLY to: ***** ***** Advocate (JustAnswer member attorney)My question is similar to one you answered for someone else.I am one of two partners in a LLC founded in 2014 and that converted to a Sub-S for tax filing purposes last year.My partners separate corporation provided contract labor to our LLC and we had a signed agreement as to amount. He later claimed that he should recoup a substantially higher amount which he said he was out-of-pocket for for higher salaries he said he actually paid to the two staffers because they put in significantly more time than anticipated. For several reasons, while we agreed to a provisional amount to be further negotiated and agreed upon, that agreement has not yet been reached due to various points of disagreement over the amounts he actually paid out (he refused to permit our CPA to audit his payroll to confirm amount owed since it was posed as "recoupment") and because I discovered that he had diverted at least three opportunities from the LLC to his separate business.Because of the loss of our major client who did not renew their annual contract as of a few weeks ago, he began to be concerned that the business might fail and he might never collect and began pushing hard for the "debt" (payables) to be paid immediately out of what was left in the bank and the last of the incoming A/R. Because of my findings above and his failure to provide documents that he had agreed to provide to me in a phone consult with myself and an attorney (who unfortunately is currently out of the country), and other issues, my response to his proposals to collect on the receivable was that he needed to provide the promised documentation and to account for the opportunities that were diverted first which he justified regarding the first two and denied in the last instance.I just discovered that on this last Friday he cleaned out most of the cash in the bank (thousands of dollars) which will make it impossible to meet our payroll tax obligations or to fund officer salaries (his and mine). He is an authorized signer on the bank account but I handle the banking, A/P, A/R and payroll as Treasurer. I not only did not authorize this transaction but I was clear, and in writing several times, what the requirements were that he needed to meet in order for a decision to be made on a settlement amount of the payable.What are possible causes of action? If this makes it impossible for the business to continue, or for me to continue in the business, are these damages?

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J. Warren

Attorney

Doctoral Degree

 
3,870 satisfied customers
Facts: A city wastewater treatment plant operator, with

Facts:A city wastewater treatment plant operator, with direction of the plant manager, rerouted untreated sewage that bypassed normal treatment process and discharges into the Polecat Creek, a tributary of Saline River which enters Harmony Lake. Employees responsible for testing the treatment plant wastewater prior to discharge directed by the operator not to take samples that day and to enter sampling data from the previous day in the plant logs. Information in the plant logs are required to be reported by the city to the state environmental regulatory agency under the CWA.Saline and Harmony popular locations for public use, and Harmony a water supply for a rural water supply district. On same day as discharge, there was fish kill in the Saline and reports of bacterial illness from swimming in Saline River. Plus the rural water reduced water quality in public water supply intakes and incurred $250,000 in additional costs to treat the water for public consumption.Question:What regulatory remedies, statutory causes of action and common law causes of action can be brought (include citations) related to this event, and by whom?

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Ely

Counselor at Law

Juris Doctor

 
62,126 satisfied customers
How can I show the fed judge the contractual obligation that

How can I show the fed judge the contractual obligation that DB had in violating the loan contract?i.e.From plaintiff‟s statements at oral argument, it appears that this defendant lender was WaMu. As plaintiff does not allege any contractual obligation that any defendant breached, I construe this as a claim of fraud.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,286 satisfied customers
In a civil litigation case in state court a plaintiff

In a civil litigation case in state court a plaintiff alleged that the defendant owned 100% of a real estate asset and fraudulently conveyed 50% ownership of an asset to his wife. The problem is that this never happened and the defendant over the course of 6 years provided hard documented evidence beyond any doubt that he and his wife ALWAYS owned 50% of the asset. Despite the evidence the judge who is friends with the plaintiffs refuses to make a judicial decision on the ownership and insist that a jury trial is necessary to determine ownership. All this is deliberate to "milk" and stonewall the process to destroy the lives of defendants due to a personal vengeance by plaintiffs and the judge acting in concert.The 6 years of wrath has bankrupted defendants preventing them from attorney representation and caused foreclosure of their home and business. Shouldn't the judge make the academic decision on ownership then proceed to trial if there was a fraudulent conveyance and dismiss the case if defendants had proof of ownership?

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LawTalk

Attorney at Law

Juris Doctor

 
31,104 satisfied customers
I need to retain a good business law firm pending case

I need to retain a good business law firm for a pending case

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N Cal Attorney

Doctoral Degree

 
6,996 satisfied customers
I am writing an amended answer and countercomplaint

I am writing an amended answer and countercomplaint for a small claims suit brought against my husband alleging non-payment on a loan. The loan in question is a) not in writing, and b) "regarding the student loan", in which the lender is an institution and student loan was co-signed for by the Plaintiff in 2004. Plaintiff is claiming that Defendant owes him for any amounts paid for by the Plaintiff, although no agreement was ever made on this, either orally or in writing. Furthermore, the claim amount is over twice as much as the amount paid to date on the student loan by either party. The argument we are using in the amended answer is a) general denial of all claims, b) affirmative defense, c) violation of BUSINESS AND COMMERCE CODE, TITLE 3. INSOLVENCY, FRAUDULENT TRANSFER, AND FRAUD CHAPTER 26. STATUTE OF FRAUDS Section 26.01(b)(6) in that the alleged oral agreement an agreement which is not to be performed within one year from the date of making the agreement (in other words, any agreement the Plaintiff is claiming must be in writing or it is invalid after 1 year); and the counterclaim is for fraud and abuse of process.I need assistance in the following please:Which affirmative defenses applies to this case?What is the specific Texas law code to support the counterclaim for fraud and abuse of process?

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Ely

Counselor at Law

Juris Doctor

 
62,126 satisfied customers
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