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Recent Substitution questions

As an automobile owner in the state of Maryland, I was

Hello....As an automobile owner in the state of Maryland, I was wondering what my rights were/are pertaining to repairs made to my vehicle. Specifically, the vehicle is having body repair work performed and the insurance company's adjuster has advised me that they are allowed to substitute "aftermarket" parts where feasible as opposed to using genuine parts from the manufacturer...O.E. parts. Is this true??

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ScottyMacEsq

Doctoral Degree

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I am in an informal business partnership and need to exit.

I am in an informal business partnership and need to exit. My partner owned a registered company and brought me in as 50/50 for the last 2 years. We split all costs rent, supplies, equipment, etc. and all income 50/50 and have the records to show. Now that I want it a formal the terms are changing and I can no longer stay in this partnership. What legal rights do I have in regards ***** ***** compensation when I exit the business relationship

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William B. Esq.

Attorney

Doctoral Degree

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Question Educator: I just came from a hearing in the

Question for Law Educator:I just came from a hearing in the Monterey Court re. an osc I have been attempting to get heard. The problem is that once the osc is issued by the court, I cannot personally serve it on the opposing party because he is hiding out. The OSC I am attempting to serve is attached. So far, I have filed this OSC 2 times and both times I have not been able to find the opposing party to personally serve him and I have hired process servers and made 17 attempts as well as performing a significant amount of investigation without success. My guess is that the party is not in the state. He has business in texas and he may be there on an extended stay, although I do not know how to contact him. So, after all this, I filed an application for service by publication. This failed and the judge stated that this is "criminal contempt" and must be personally served. I asked whether there is any possibility of substitute service, and I asked whether ccp 415.10-50 apply. The judge replied again that this is criminal contempt and must be personally served. One of the problems that I am having with this is that the OSC issued by the court states a hearing date usually about 5-6 weeks out. CCP 1005 requires service 3 weeks prior to the hearing, So, I have to serve it within a 2-3 week window. It is likely that the opposing party is keeping up with these filing and he likely knows what 2 week window it must be served and he disappears for just that 2 week window. Also, since the judge is stating that this is criminal contempt, that puts a much bigger burden on me to prove beyond a reasonable doubt rather then the less onerous requirement for civil contempt. So, I am getting ready to re-file this and my questions to you are these:1) Does ccp 415.10-50 apply to criminal contempt? Why can't this be substitute served?2) To make this case easier to prove, maybe it should be civil rather then criminal. What modifications to the attached osc could I make so that this became "civil" rather then "criminal" contempt? As I understand from web searches, the determination of civil vs criminal depends on the remedy. If it is simply to force the ordered action, it is civil. If it is a punishment, then it is criminal. Based on this, the REMEDY on page 11 of the ATTACHMENT 8D should be modified. What modifications do you think need to be made? Also, is it possible to simply request from the court consideration of this as a civil contempt? would that influence the decision?3) Is there anything I can do to expand the service window beyond the 2-3 week time that is provided when the court issues the osc?

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Law Educator, Esq.

Attorney At Law

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Almost a year ago my husband and I tt tough times and sent

Almost a year ago my husband and I hitt tough times and sent my kids to live with my sister in Pennsylvania. I've sorted out my life and am moving near her and want the kids back in my life. She has kept her door shut to me, she hasn't returned my calls, and wants to keep my kids. I'm wondering what rights I still have if any and how I can get visitation at first and perhaps custody back now?

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William B. Esq.

Attorney

Doctoral Degree

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I was informed that I can use small claims Court to sue a

I was informed that I can use small claims Court to sue a PRE for defamation of character, to sue an attorney for malpractice and another attorney for false statements to the Court that caused me a significant sanction that I'd like to get back. I need confirmation that this is accurate information please.

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Maverick

Doctoral Degree

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I bought a car from a coworker for $2500.00 and have a

I bought a car from a coworker for $2500.00 and have a written agreement. She left the state without transferring title to me. I've filed breach of contract suit, but they couldn't locate her to serve papers. How do I legally use "quiet title" laws to legally register car/tags in my name?

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Dwayne B.

Juris Doctor

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Ray The bogus creditor's counsel filed their motion to

RayThe bogus creditor's counsel filed their motion to substitute plaintiff due to bogus merger without leave of court and nine years after they filed their complaint in trial court and during the automatic stay (Chapter 13). If they amend their complaint over objections doesn't this supersede their original complaint making their partial summary and summary judgment voidable? The Bankruptcy Court dismissed Chapter 13 for filing document deficiency and later order on motion for relief from dismissal order was granted. Can a creditor proceed to file pleadings in trial court if the bankruptcy is dismissed and a week later motion for relief from dismissal order is granted? The case wasn't closed for more than three months after multiple pleadings were filed in trial court.

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Ray

Lawyer

Doctoral Degree

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A legal issue has arisen regarding furnishings in a one

A legal issue has arisen regarding furnishings in a one month condo rental in Solana Beach CA. The condo is a two bedroom occupied by my wife and I with consent for guests. The issue surrounds the owner's removal of a reclining chair immediately before we arrived which I find to be essential to use and enjoyment of the property. I paid the $9000+ fees rental in advance. The “comfort seating” which remains in the living room consists of one loveseat and one swivel rocker to which two very basic outdoor dining chairs were added as substitute for the recliner. The rental contract does not address the issue of furnishings. My preferred solution at this point would be to prorate the rent and terminate the rental but I don't know what my rights are. An email exchange encapsulates the issues:[Me] The recliner chair was apparently removed shortly before our arrival because the imprint from the base was still fresh on the carpet when we arrived. The outside chairs brought in from the porch are not a reasonable substitute. We are down to comfort seating which is not satisfactory, especially for a $10K/month rental. Please return or replace the recliner.[Agent]I finally spoke with the owner, as he is out of the country. He stated that the chair was rusting at the base and it was starting to discolor the carpets. He decided to discarded it. He is not ready as of now to replace the item[Me] I understand discarding the piece for discoloring the carpets. I do not understand his reluctance to replace it with something equivalent. The condo which we agreed to rent included a love seat, a swivel rocker, and a swivel recliner. That arrangement was here when we rented it last July, that arrangement remained on the website when we rented for this July, and that arrangement remained on the website as of this morning when I downloaded the images. We believe the owner has an obligation to provide what was represented when we rented the condo.We are generally inclined to ignore minor inconveniences; however this is not minor. A recliner is the only way I can use my laptop in comfort and neither the love seat or swivel rocker afford the kind of seating and leg support I need for extended use of the laptop. Nor is the seating at the dining table, even when I substitute the office chair from the MBR or the seating at the bar. This is not a satisfactory situation and it needs to be resolved.[Agent] I spoke with my Broker in regards ***** ***** recliner chair that was removed from the living room. At times the furnishings can change in the property and we do not necessarily take new photos when this occurs. The owners have the right to remove furnishings from the property without taking new marketing photos. Being that he is out of the country, he is not in the position to actively purchase a new chair.As the owner stated in his last email, he feels there are plenty of comfortable indoor/outdoor chairs available to provide reasonable comfortable seating for 6-7 adults.

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Dwayne B.

Juris Doctor

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I'm in middle of law suit. I 't like my lawyer; as I

I'm in middle of law suit. I don't like my lawyer; as I feel she is milky me. It's time to switch; but I don't have a new lawyer or know who to switch without happening again. I want to represent myself; but too scared...as I'm being falsely sued with no proof against me. No other words, I'm stuck defending myself with legal fees; even though plaintiff has no case. Suggestions?

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legalgems

Juris Doctorate

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