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I recently got taken advantage of by a judge and a local
I recently got taken advantage of by a judge and a local attorney in small claims court when i had no idea what i was doing.representing myself in a small claim. It even went as far as the judge was objecting for the lplaniffs lawyer right in the court room. The judge also called the planiff by his first name, like they were pals..he didnt even call the planiffs layer by his first name. Nor anyone else in that court room.Even after the judge asked the plantiffs lawyer if it was alright that i submitted and the lawyersaid yes , the judge came back a nd asked him two more c times citing that i didnt give enough testimoney to the photos and my bills for cleanup of the demo contractorwork. Whast can i do. Ive tryed to get transcripts of the procedings and they say none are availble. The judge made my witnesses go outside the courtroom and so you see my predicterment.
Counselor at Law
L am about to hire an atorney. some of the contract are
l am about to hire an atorney. some of the contract are listed below. can you read if it is reasonable and get back to me.1.Client acknowledges that Firm has made no warranty, guarantee or promise regarding the outcome or success of Firm's handling of any matter2.The minimum charge for any activity is 10 hour3.The rates and costs set forth on the Fee and Cost Schedule apply initially and Firm reserves the right to increase its rate. . Client will be notified thirty days prior to any change and will be supplied with a revised Fee and Cost Schedule.If Client chooses not to consent to the increased rates, Client may terminate Firm's services by giving Firm written notice and signing a substitution of attorney form..5. Court Awarded Fees and Costs. Client understands and agrees that the amount of attorneys' fees and costs that may be awarded or approved by a Court or by way of settlement shall not govern the amount of fees as between Client and Firm and that Firm's fees shall be determined as set forth in this agreement6.10. Mediation and Binding Arbitration - Fees. Any dispute as to the amount of legal fees will first be mediated and if unsuccessful, will be submitted and subject to the rules of procedure of the Contra Costa County Bar Association as provided by Sections 6200 through 6206 of the California Business and Professions Code. The determination of said arbitrators will be binding, and both parties hereby waive the right to a de novo trial of said dispute. If Firm must thereafter file suit for the collection of any sums awarded by arbitration, Client shall pay reasonable attorneys' fees, together with any and all costs for said collection. Irrespective of the above, if the sum owed to Firm is within the jurisdiction of the Small Claims Court or if Firm is willing to limit its recovery to the limits of the Small Claims Court, Firm may file suit in Small Claims Court and not proceed with arbitration. However, if Client asserts a claim or counter claim in excess of the jurisdiction of the Small Claims Court, then the entire dispute must be arbitrated as set forth above. Without waiving the right to compel arbitration, if arbitration does not occur for whatever reason, the parties agree to litigate this matter before a judge only and expressly waive any right to a jury trial.11. Mediation and Binding Arbitration - Other Disputes. Firm and Client agree to submit any and all other controversies, including claims of legal malpractice, to mediation and arbitration before and pursuant to the rules and procedures of the American Arbitration Association. By agreeing to such arbitration Client waives: (1) any and all rights to proceed by way of a civil lawsuit; (2) the non-consensual joinder of third parties; (3) the right to trial by jury; and (4) the right to appeal. Any and all other rights, such as the right to discovery, are specifically not affected by this agreement. There are other advantages and disadvantages to arbitration. Client has had an opportunity to seek independent counsel on the ramifications of arbitration and execute this agreement after consultation or waiver of the right to seek such counsel. Irrespective of the above, if the value of the dispute is within the jurisdiction of the Small Claims Court or if Client or Firm is willing to limit its recovery to the limits of the Small Claims Court, Firm or Client may file suit in Small Claims Court and not proceed with arbitration. However, if Client or Firm asserts a claim or counter claim in excess of the jurisdiction of the Small Claims Court, then the entire dispute must be arbitrated as set forth above.12. Attorney's Fees. If Firm must initiate arbitration and/or litigation for the collection of any sums, Client shall pay reasonable attorney's fees, together with any and all costs for said collection. Client agrees attorney's fees are awardable to Firm even if Firm does not retain non-Firm attorneys to pursue collection, i.e., if Firm represents itself in any collection action including arbitration and litigation, awardable attorney's fees shall expressly include the costs and legal fees of Firm's own attorneys and personnel calculated at the rates applicable to this matter when Firm's services are terminated or concluded.13. Severability. If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect.
I volunteer in search and rescue (SAR) in Texas, often
I volunteer in search and rescue (SAR) in Texas, often assisting with SAR dog teams. There is a confusing existing state law, Senate Bill 1010, which became Ch. 785 of the State Health and Safety Code in 2013. According to documents on the State Senate website, the clearly expressed, specific intent of the bill was to protect SAR dog handlers *while working in emergencies*: during "emergency situations", "When these disasters strike", and when SAR teams "travel with little advance notice" . And common sense would support that interpretation. However, the law as actually passed seems to go way beyond that original intent. So this makes me think that this law is a case of overly vague, overly broad legislation. Is it?It protects SAR dogs and their handlers from being denied access to public accommodations and from being charged extra fees, without ever mentioning work or emergencies at all (other than in the header, Subtitle B. Emergencies). Regardless of the supplementary documentation on the State Senate's website, the statute itself does not ever state in which situations it actually applies. It certainly never explicitly limits its protections only to emergency situations. So this would give the appearance that it effectively applies to *any and all situations* in which a SAR dog handler would attempt to access a public accommodation.Furthermore, it affords these protections even to SAR dogs *in training*, who have not actually completed their training or become certified yet, and who therefore are not cleared to respond to actual emergencies (785.001.(4) ).SAR dog handlers must be prepared to show proof of national SAR certification for themselves (785.001.(1), 785.003.(b), & 785.005). But their SAR dogs require no such certification--indeed, since even SAR dogs in training are covered, then such dogs *cannot* currently have any such certification yet. And since SAR dogs in training do not require certification, it is unclear exactly what kind of national SAR certification suffices for the SAR dog handler. Does that certification even have to involve dogs at all? Would rope rescue certification suffice, or swiftwater rescue, or avalanche/iceberg rescue?Also, these protections apply whenever a SAR dog handler attempts to access any public housing accommodations (such as apartments), so that a SAR dog handler may not be charged a pet deposit or pet rent (785.002)(f) ). Such housing accommodations usually require longterm leases, which remain in effect long after any usual and customary immediate search emergency would have been concluded. Therefore, SAR dog handlers appear to be afforded these housing privileges at times no longer involving emergencies, and perhaps at times that never involved emergencies at all in the first place.I personally have no dog in this fight. But I am deeply interested in this matter on behalf of the rest of the volunteer SAR responders on my active SAR team, including many who are active SAR dog handlers. I believe they deserve to know if the law allows them protection from discrimination and extra fees for any public accommodation whatsoever, or if it only protects them while performing actual emergency response operations. The problem is that no one I know can tell when this law actually applies--only when it appears to apply, to a layperson.
I own a Driving School. I was in my training vehicle on the
I own a Driving School. I was in my training vehicle on the freeway solo. I was traveling in the lane next to the carpool lane. I was moving around 30 MPH. I had to apply my brakes suddenly because the car in front stopped quickly. I noticed my brake pedal was not releasing all the way. Which caused my car to not accelerate properly. I felt like my car was going to stop on the freeway. I tried to speed up. I was trying to free my brake pedal with my other foot. Because of my probllem and the traffic, I did not want to get stuck on the freeway. I looked in my left hand mirror and over my left shoulder. I saw it was clear. I entered the carpool lane. I wanted to make an emergency stop on the left shoulder of the freeway. At the same time a CHP officer on a motorcycle came right behind me with lights and sirens. I was having a problem speeding up. I had my left signal on. He got on his loud speaker and said speed up. I managed to get my brake pedal loose and sped up to pull over on a bigger part of the shoulder. I pulled over as I I got my papers ready as he walked up. I tried to explain I was having a car problem and I own a Driving School. I have an extra brake cable that got stuck. It connects both brakes. He took my papers and said I should know better than to cross the double line and being solo. I'm not sure he heard me. He abruptly said hold on and walked back to his motorcycle. I noticed there was a car that pulled up behind his bike. They talked for a few minutes. I thought that was weird. It was a woman in a regular car. He then watched her as she took off. He returned and said he was going cite me for being solo in the carpool lane solo only. I new once he wrote the ticket that was it. I signed it and left. I went to my mechanic who checked and fixed my brake system. There is a cable that connects both brakes that got stuck.What is my recourse A-Z trial by declaration with evidence. I know it is not a moving violation. Just a traffic infraction. I want to show the problem I had. What are all my options.
I need assistance to fight a Small Claims judgement. I submitted
I need assistance to fight a Small Claims judgement. I submitted an appeal and the Trial De Novo is scheduled for Friday, 29 April 2016, at 9:00am. The case involves a sum of money that my ex-partner still believes I owe her. This is essentially a divorce-type financial settlement issue, but since we were never legally married or registered as domestic partners, the case ended up in Small Claims court. We have tried mediation, to no avail, as my ex-partner was unwilling to budge on anything.
I recently found out a default judgement against me in small
I recently found out a default judgement against me in small claim case filed by tenant. The tenant provided court with an unrelated address so I was never served and not aware of the case until a legal order of execution arrived my bank. court record shows someone with a similar name of me signed the certified mail at that unrelated address of me. I filed motion to vacate since I was never served of the claim. At the hearing,tenant presented to court a fake email dated 3 years ago at the beginning of the lease,claiming that I provided her that unrelated address. I pointed out that was a forwarded email which can be easily altered of its content, and my true address by all means of various records and the fact the tenant knows of my true address. However, the judge believed I was served and denied the motion.I am appealing the denial of motion. What would you suggest me to do? to prove the email is fake, to prove the served address has nothing to do with me, and what else and how? BTW, Im in California. Thanks
My dog may have bitten someone (we never saw the incident happen
My dog may have bitten someone (we never saw the incident happen and dog was on leash). Animal Care and Control in San Francisco reached out to confirm a bite report. What are the implications and are there any steps we can take to ensure our dog is protected from forced destruction?
In California if a domestic animal is taken from an owner byView more legal questions
In California if a domestic animal is taken from an owner by animal control without their knowledge because of allegations of animal cruelty, does animal control have a legal obligation to tell the owner that they have the animal and are investigating the owner for animal cruelty? Does the same law apply to an animal's remains - i.e. it an animal's remains are left at an animal hospital for cremation and are seized by animal control for an investigation without the owner's knowledge does animal control have a legal obligation to notify the owner before performing a necropsy?