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Recent Tort questions
Mr. Bill and his two partners Mr. Tim and Mr. Smith want to
Mr. Bill and his two partners Mr. Tim and Mr. Smith want to buy and own real property under a California LLC, and they will all be equal members in the LLC.If Mr. Bill was sued by his employer for receiving over payments of $500,000.00, in commissions. They settled the law suit and Mr. Bill agreed to pay his employer back all the commission over payments made to him by making monthly Payments.Question; If Mr. Bill does not pay his employer as agreed can they sue him and record a list pen dance against the LLC's property's that Mr. Bill is a member of. And can Mr. Bill file bankruptcy and tie up the LLC property in his bankruptcy.
I am being sued for conversion, but plaintiff has not proven
I am being sued for conversion, but plaintiff has not proven conversion. He is claiming that I had a duty to ship his belongings that he left behind. I'm saying he could have picked it up and I kept it safe for him for 2.5 months.Do you have to supply points and authorities for the opposition to a Request for Summary Judgment?If the answer is yes, can I just supply the same points and authorities since he is interpreting it wrong and I am interpreting it correctly?
Me ex boyfriend is suing me for tort and conversion because
Me ex boyfriend is suing me for tort and conversion because I refused to ship his belongings, specifically his hard drives, to him. He has not cooperated with my discovery at all, I cooperated completely with his. So he filed a request for summary judgment based completely on my RFAs and a short declaration on his part.I just finished my opposition to the RSJ, but what is clear to me after doing it is that there is just no cause of action here. I refused to ship his stuff, but I kept it safe for 2 and 1/2 months and told him to come get it if he wanted it. I don't even need any discovery, really. I want the Judge to agree with me that there is no cause of action.(His case did survive a demurrer.) Is there a way to do that? Do I file something different? or in my opposition to the summary judgment, is it okay to point out that there is not really a cause of action here at all and hope the case is dismissed?
I built a house in Maine. They started in Aug 2015 it wa to
I built a house in Maine. They started in Aug 2015 it wa to be finished in Jan. It's still not absolutely completed but I had the contractor leave fully paid The contractor and designer have caused me so much pain and sorrow that I cannot bear the thought of living in this house. It's value is about $500,000. In approximately June I decided to rent it out seasonally. I have since hired a company to handle everything for me. But now here it is August 18th and I've lost an entire summer rental at $350 a day. I'm 73 years and my legal (voting) home is in FlaI want double the unearned money I lost,Legal fees reimbursement of expenses incurred to finish the houseThis is a very condensed version of myElder tale. ***@******.***
I put up a surveillance camera on my property because my
I put up a surveillance camera on my property because my neighbor has repeatedly on a daily basis spraying black flag propane insecticide fogger, which is extremly dangerous and she sprays 4-5 x a day, so we are trying to catch her doing this and we even installed a privacy fence that costed us over $12,000.00. She called the police because she said my cameras were catching her garage window on my camera, the police office made me show him what was on my motion activated game camera that was facing our side of our property at our privacy fence, when I showed him the video it clearly showed that my camera was not recording in her garage window it only caught slightly out of focus her garage window, no other house windows, he made me take down my game camera, I put an arlo on my property facing my fence which is motion activated as well, she called the cops again claiming I was her windows, her property sits about 8-10 feet higher then my property and I live below grade our property line actually extends up the hill where our privacy fence is and we have 2ft of proeprty on the other side of the fence, the office made me take him into my house to show him on my computer the video of the arlo once again, no pictures of her windows, only my fence. Was it legal for the officers to do this without a search warrant and make me take down my cameras, and what can I do regarding this neighbor, I have 4 doctors who have confirmed my lung problems are due to chemical exposure am in the process of getting more test done, I do not have asthma, as I am seeing a special asthma allergist doctor who specializes in chemical exposure, what can I do to get her to stop spraying these pesticides in my yard officers tell me I need video proof even though I have two witnesses to the smell coming severely into my yard our privacy fence is over 352 square feet long? I live in Berks County PA, Bernville, PA 19506
What are the ways in which a case can be dropped or
What are the ways in which a case can be dropped or dismissed after the lawsuit is filed? You wouldn't believe what I've been through just to get the defendants served, every possible trick that can be played has been played. The politics involved here have made it unbelievably difficult to bring this case to court, the defendants are literately billionaires and have even gotten to my own attorney. I've been on this website on and off for over a year complaining about this case so the odds are, whoever picks this up might already be familiar with it. I'm the beneficiary of a trust and the trustees have commited a number of torts against me that include false imprisonment, abuse if process, intentional infliction of emotional distress, forgery, one heck of s case of defamation and more. I just served the petition last week but fought like crazy to get it done, my attorney had flat out disappeared and I had to track him down and threaten to hold him responsible for missing any dates. He was almost willing to accept a malpractice suit for not serving. My question is this, how could my case be dismissed or dropped at this point? The first status conference is on 9/15 and my attorney isn't lifting a finger. He said he could ask to extend the dates in order to find an attorney and I'm trying hard to do that but what should be happening at this point in the game? The trial date hasn't even been set yet, in fact, I haven't even received their answer yet but I know that it will basically say "to heck with you". I feel like my case is slipping away and definitely isn't being monitored, if there is a sneaky way of getting it dismissed these guys are sure to try it.
I had a business chapter 7 bankruptcy in 2012. The
I had a business chapter 7 bankruptcy in 2012. The bankruptcy attorney filed a suit for default judgment claiming fraudulent transfer. I do not have the money to defend even though his findings are false. If this ends up a default judgment is it considered a civil suit. Also if I file a personal chapter 7 bankruptcy, will I be protected from this judgment.
Pertaining to the defendants common defense strategy. I've
Doug, Pertaining to the defendants common defense strategy. I've seen from research that the state supported school declares immunity under about 5-6 different reasons and statues. Will I as the plaintiff have to respond to each dismissal request if they are redundant? For Example (Qualified Immunity/Sovereign Immunity/SC Tort's Claim's Act/ Absolute and/or quasi-judical immunity/ the Eleventh Amendment of the US Constitution). If the defendant intentionally violated my civil rights and other constitutional rights knowing that damages would occur should I address each, or can I address immunity as with the eleventh amendment as the highest law of the land and have an umbrella effect and include more than one strike in a motion?
I live on New Mexico. I was involved in a rear end collisionView more legal questions
I live on New Mexico. I was involved in a rear end collision with minor injuries. (The person received chiropractic care afterwards). I was issued a citation for careless driving. Now I'm being sued for punitive damages and the suit sites (reckless driving, which indicates willful and wonton disregard). But since I was only cited for careless driving due to inattention do they still have a basis for punitive damages? Thanks.