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  1. Replies

    Civil Procedure Issues: Re: Inadequate Defense

    In a civil case you cannot appeal based on inadequate counsel because the Constitution does not guarantee parties in a civil suit a competent lawyer. But if the lawyer is not competent then the...
  2. Federal Taxes: Re: Calculation of Taxes on Real Estate from a Trust

    There are appraisers that are experienced in doing historical appraisals of real estate.
  3. Civil Rights Issues: Re: Lasd False Imprisonment , Tom Bane Act of California, 148.g California Penal Code

    Your problem here is that it sounds like your detention was fairly brief, you weren't arrested, charged, or taken to jail, and you suffered no physical injury or financial loss for your interaction...
  4. Federal Taxes: Re: Calculation of Taxes on Real Estate from a Trust

    It would have if the trust had distributed the assets to the mother. But evidently the trust never did that.
  5. Federal Taxes: Re: Calculation of Taxes on Real Estate from a Trust

    The grandmother had a revocable trust in which she apparently put her home. When she died, that trust became irrevocable. The adjusted basis of the house will be the fair market value (FMV) of the...
  6. Re: Salesman Lied and then Continued to Lie

    I agree with you when the old folks involved are still fairly mentally competent. But it is no secret that the mental ability of a number of seniors diminishes as they age. Those suffering that...
  7. Replies

    Re: Arizona Advance Directive

    No, you do not.

    If the directive is clear, addresses the particular situation, and the health care provider is aware of it then your wishes should be carried out. If there is a problem,...
  8. Traffic Court Issues: Re: Translation of 'Tbd,' 'Tb' and 'Epayi' Case Flags in California Traffic Case Sear

    Interesting that you assume that the OP will be found guilty when you know nothing of his/her case.
  9. Federal Taxes: Re: Describe Qualified Opportunity Fund

    You really ought to discuss this with a tax attorney before proceeding. A QOF must be a partnership or corporation organized for the purpose of investing in qualified opportunity zone property. It...
  10. Replies

    Trademarks: Re: 4 Questions About Trademarks

    You are correct, of course. What I wanted was the word "or" rather than "and"; even then it of course would have lacked the full detail of what is required for a work for hire. I realized that after...
  11. Replies

    Re: 11 U.S. Code and 8239;523 Claims

    If the bankruptcy court determines that the debt was the result of fraud perpetrated by the debtor then that debt is excluded from the discharge. There is no malice needed.
  12. Replies

    Re: Proof Hearing

    Even though the defendant does not appear, the plaintiff may still need to provide proof of his claim or damages. The details of the claim and the applicable court rules matter as to how defaults are...
  13. Re: Are Student Loans a Negotiable Instrument

    The student loan itself would not be negotiable instrument. But if there is a promissory note executed in conjunction with the loan that promissory note may be a negotiable instrument.
  14. Deprivation of Civil Rights: Re: Can a Customer Sue a Business for Employees Calling Them Racial Slurs

    You could not successfully sue for that because no law requires an employer to fire or otherwise discipline an employee for making racial insults or slurs. If you can prove that the business...
  15. Re: Are Student Loans a Negotiable Instrument

    If you execute a promissory note as part of the loan package, that promissory note may be a negotiable instrument. You'd need to look at the terms of the note to determine that.
  16. Replies

    Trademarks: Re: 4 Questions About Trademarks

    You need to ensure that the terms of the web site are adequate and binding. You really need an IP lawyer to review it to ensure it will actually give you the rights to the work. Do not assume the...
  17. Replies

    Trademarks: Re: 4 Questions About Trademarks

    Yes, character names can be a trademark. For perhaps the most famous example, Mickey Mouse is a trademark of the Walt Disney Company.

    You may search the U.S. Patent and Trademark Office...
  18. Divorce: Re: Gag Order

    The person seeking the gag order would have to file a motion asking for it and would have justify the reason for the court to impose it. The most common reason a gag order occurs in criminal cases...
  19. Replies

    Re: Federal Student Loan Law

    The statute does not define what constitutes an "undue hardship". The federal courts of appeals have adopted two different tests for that. The 11th Circuit adopted the Second Circuit's test in...
  20. Home Schooling: Re: Can I Send My Son to Another School Not in His Hometown

    If you have to lie to the school district to say that you reside in the school district when you don't in order for him to attend then you may indeed face legal problems. At the very least the kid...
  21. Personal Investment: Re: Ca. Franchise Tax Board Says I Owe $18,000 from Trading $5k of NYSE Stock

    Because you didn't file the return as you should have done. You want to make that go away — and I understand why you'd like that to go away — but you can't. You needed to file the returns to show the...
  22. Motions: Re: Whom Do I Sue--the Middleman or the Seller

    The brother-in-law was the agent of the seller. Because you knew he was the agent of the seller and knew who the actual seller was, he is known in the law a disclosed agent. In that situation, if...
  23. Replies

    False Light: Re: Can My School Kick Me Out

    HIPAA prohibits most health providers and health insurance companies from disclosing protected health information (PHI) without the consent of the patient except for certain situations provided for...
  24. Personal Investment: Re: Ca. Franchise Tax Board Says I Owe $18,000 from Trading $5k of NYSE Stock

    This is your fault, not theirs. While you are taxed only on the gain you get from the stock, all that the broker reports to the IRS are the amounts you get from each sale stock. It does not get the...
  25. Defamation: Re: A Person is Destroying My Reputation, Simply on Revenge

    It wasn't all that short, and it certainly could have been much shorter. The operative facts that I get from your post is that this other woman (Teresa, apparently) whom you befriended 4 years ago...
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