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Below are the 20 most recent journal entries recorded in Legal Advice Journal's LiveJournal:

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Friday, October 11th, 2013
9:37 pm
Class Action Lawsuit?
I have a question about a potential lawsuit.

Two of my family members work in the same factory, and that place is considered VERY unsafe by most of the people who work there. Fires have plagued the place for years, on and off, and I wouldn't be surprised if anyone has been killed there before. Even HEAD INJURIES are common.

In fact, one of my family members would have been killed there a few years ago. They were walking across some area with no railing to protect them, and below them was a grinder to crush ingredients. My family member actually (accidentally) FELL INTO THAT GRINDER. Thank the Lord that the grinder was off. If they hadn't been young and energetic enough to climb out before they started the grinder, which was only a few MINUTES after they climbed out... They even said to me that they would have been ground to death if they hadn't been able to climb out in time.

Another of my family members has been constantly being hurt... They are always coming home with cuts and scratches - every day there's a new injury on them...

This other family member has told me that in the past few days he's been slammed in the head hard enough to see stars, and caused unnatural indentations in his forehead different from his natural wrinkles... Even more recently, they've suffered a head injury. They were driving a forklift through the doorway, but they didn't duck low enough and smashed their head against the top of the door hard enough to see stars. They reported to me off their neck hurting for five minutes afterward. This time they went to complain to the boss, who rather than taking the injury seriously, laughed in their face and walked off when my family member wrote of writing an injury/accident form... When they showed me their head, tonight, I saw patches of blood in between the thinning hair...

Both family members report to me that the safety conditions are BARE MINIMUM, and that they basically work for peanuts... The boss promised one family member overtime pay for being on call, but the week that he was on call, neglected to pay him overtime in his check...

Anyone, please help! I'm just so frustrated and desperate. I don't know what to do... I'm so frustrated they my family is being treated like this by their boss!

So I'm trying to see if there's some way I can help my family members by trying to put together some sort of class action lawsuit against the factory, but I'm not sure how that will work out.

Sorry if this isn't allowed, but I don't know where else to ask. Just let me know and I'll delete it.
Thursday, April 26th, 2012
3:10 pm
Court dates for tickets
I got a ticket and have to go to court for it and was wondering if it is worth having any kind of traffic attorney represent me or not.

I was waiting to make a left turn at an intersection on a road with two lanes each way, and no turn lanes. There was someone opposite me waiting to turn left too. It looked clear for me to go, so I started to make my turn. But somebody I couldn't see (probably from behind the other car) came through the intersection and hit me. I got a ticket for failure to yield even though I couldn't see the guy, because that's how the law works in my state. The cop said if I go to court and explain what happened, it will probably be thrown out.

My dad really wants me to look into traffic attorneys, because the insurance decision is riding on this. They've got it at 50/50 fault right now, pending that court date - if the ticket sticks, it will be all on me.

But if an attorney will charge a ton of money, or if it won't even make any difference in what the judge will do, I don't want to bother.

Should I find someone or not?

Current Mood: confused
Thursday, August 25th, 2011
11:52 am
in Texas
About 3 weeks ago we found out that our landlord passed away. So, now we don't know what to do. We never had his phone number, we didn't know where he was living, we paid rent religiously every month to his po box in another town. We don't know if he's married or even if he has children. We're kind of stressed about what to do and how long before we get kicked out....
Thursday, April 14th, 2011
3:12 am
Entrepreneur Paul Celia presented new evidence of his rights to 84% shares of Facebook
 Entrepreneur Paul Celia, which requires the Facebook founder Mark Zuckerberg 84-percent share in the company, changed his legal team and filed new documents to the Federal Court of New York. He refers to a completely new proof of his direct involvement in the creation of Facebook. Maybe Zuckerberg would have to share profits, to stop the proceedings. In addition to Celia there are more pretenders to Zuckerberg’s stare in Facebook. There are Cameron and Tyler Winklevoss and his former best friend Eduardo Saverin. Details of these proceedings can be found in the article "Three threats to Mark Zuckerberg, owner of Facebook".
Thursday, April 7th, 2011
1:38 pm
Apple has won a multi-million dollar patent lawsuit from Yale professor
 Apple has won a multimillion-dollar litigation with a small firm Mirror Worlds, founded by a professor at Yale University, David Gelernter.

In October 2010 the jury supported Mirror Worlds claims that Apple violated patents owned by it and obliged Apple to pay $ 625.5 million in fines - for $ 208.5 million for each of the three patent infringement.

The plaintiff claimed that the illegal use of technology in the devices Mac, iPhones and iPods and related organizations interface Cover Flow, backup system Time Machine and software for searching computer hard drives. Apple immediately appealed the decision.

Now the Federal Court of Texas ruled the opposite order, eliminating fine. It is reported that Mirror Worlds has not provided sufficient evidence to justify the amount designated for compensation. Mirror Worlds lawyers refused to comment the situation.
Wednesday, March 9th, 2011
10:42 pm
Loans to civil lawsuits in the U.S.
The big banks, hedge funds and private investors in the U.S. who are looking for new promising investment projects, have discovered a new way to earn money. Investing hundreds of millions of dollars in funding of civil suits, they run a great risk, however, they can win much more than in more traditional areas for investment. Attorney Online understands the positive features of this system and what risks proclaim its opponents. Loans are often the catalyst for the large and resonant litigations, especially when in such areas as medical malpractice, divorces and  class actions against large corporations.The total investment into trials in the U.S. since 1990 amounted $ 1 billion. System of crediting trials has become one of important trends of risky investments at high interest rates.

LawFinance Group founder Alan Zimmerman was a practicing lawyer, while in 1992 he moved to California. And there he he borrowed $ 30,000 dollars to a woman who won the case of sexual harassment by her employer, but faced with an appeal of the employer. Lady did not have funds to continue the process, but after the loan employer immediately gave up and did not challenge the court decision. Zimmerman eventually earned $ 20,000. Then the idea to make this practice his business occurred him.
Wednesday, January 26th, 2011
9:22 pm
About a parking violation...
I need a legal opinion on this....

The scene of the crime: McDonald's parking lot next to a liquor store in my city.

The crime: My car parked there for approx. 10-15 mines while I went inside the liquor store and got something to enjoy the Friday night with. Myself and other drivers (who value our lives) tend to park in this parking lot for two reasons:

a.) liquor store parking lot is usually full
b.) liquor store parking lot is usually full of (to some degree) intoxicated drivers who drive like maniacs

The Issue:
I return to my car after making my purchases to find a crusty looking boot on my vehicle. I am immediately approached by a man in plain-clothes. He intimidatingly informs me that my car is booted because I parked in the McDonald's parking lot and that I'll need to pay him $80 cash or my car will be impounded. It has to be cash. I tell him I don't have cash, he points me to an ATM. I ask him for identification of who he is (he is driving a white unmarked pickup truck), he hands me a homemade business card with nothing but his name, a phone number, and a "@live.com" email address (aka MSN). Needless to say, these are not reassuring credentials and this dude is demanding cash, on the spot and making threats about impounding my car!

I ask this guy to write me a citation and tell him that I'll send him a check in the mail. He refuses. He tells me that he can't and won't write me anything, not even a receipt! He is very rude and demanding. I call the police because I'm not handing this guy cash without anything to prove who he is and what he does is legit.

I call the cops, the cops go to the wrong McDonald's and then never show up. The guy has a tow truck come by (owned and operated by what looked to be a buddy of his). Fortunately, a friend of mine was able to grab $80 cash and come to my rescue because it was going to be $120 to get it out of impound and I needed my car for work on Monday. This guy literally would not write me ANYTHING until the $80 was placed in his hand. At which point he pulled a clip board out of his truck and wrote me a crappy carbon copy receipt with PRECIOUS LITTLE information on it about the violation OR his scrubby business (all I have is a name, phone number, and his shitty email address).

I've already reported this guy to the BBB and they are waiting to hear a response from him. But I am wondering...is there anything more I can do? From a legal perspective?

Thanks in advance for any and all advice!
Tuesday, December 28th, 2010
1:10 am
New Year bonuses of lawyers. Crisis is left behind?
Bonuses in large law firms will differ a little from last year's. Partners of big law firms consider that bonuses — the basic indicator of health of legal business — don't grow highly as position of business in this year has improved slightly. Also the reason of stability of bonuses is anxiety of the clients considering that increase of bonuses to lawyers will increase rates of legal services. This year many leading Wall Street law firms have constituted bonuses from 7 thousand dollars for first year lawyers to 35 thousand dollars for leading experts. This sum is much less than that was 2 years ago when the average sum of bonuses amounted 65 thousand dollars. Read more about employees' new year bonuses in law firms on attorney-online info.
Thursday, December 16th, 2010
11:33 am
The Ministry of Justice of the USA will appeal against a judgement about illegality of medical refor
The Ministry of Justice of the USA will appeal against the decision of district court of Richmonds (State of Virginia) which has recognized reform of public health services, initiated by Barack Obama, partially contradicting Сonstitution of the USA. The position obliging all Americans to acquire the medical insurance has been recognized illegal. Tracy Schmaler, representative of the Ministry of Justice of the USA has reported about it. More medical legal information read on Attorney Online
Wednesday, December 15th, 2010
12:18 pm
Three threats to Mark Zuckerberg, owner of Facebook
"Social network" comes to an end on signing  of confidential agreements and satisfactions by litigants of two processes (with Winklevoss and Saverien). In the USA producers like to shoot films about loud legal procedures, therefore it is not excluded that this history will inspire someone on a new screen version of events from life of Facebook founder. Winklevoss and their partner in the spring of 2010 have challenged in a court, the agreement and satisfaction.Read more news about business law procedures of Facebook on Attorney Online.
Wednesday, November 24th, 2010
7:48 am
So I'm currently taking a leave of absence from my union represented position to complete an internship. The leave was approved by my on site administrator and the head administrator (trying to be vague here). I just found out that another superior is saying that if she even has an inkling that I'm getting paid through this internship that she'll have me terminated. Nowhere in the paperwork for leave did it say anything about me being unable to be paid by my internship. In addition, the current employer does not give me benefits so in essence it's just an issue of "saving my job" until I come back (6 months). What are my legal rights here if she attempts to get me terminated? (I'm being paid through my internship and have been honest with everyone about that.) However, I never speak to this superior because A. my assignment does not require that I do and B. I think she's a vile, despicable human being for many reasons independent of this). Should I speak to HR? If the past is indicative of the future she has had MANY people complain of harassment and nothings ever been done.
Monday, November 1st, 2010
5:56 pm
Is there juctice in U.S. courts?
Researchers named advertizing election campaign of judges on TV the real information war. And in the war, as it is known, all means are good. Critics don't maintain  videos for judges which are similar to the dirty PR-campaign directed against contenders at elections.The whole article published on Attorney Online: Expenditure for elections of judges grow in the USA. Courts are still independent? Part 2
Monday, October 11th, 2010
3:07 pm
Expenditure for elections of judges grow in the USA. Courts are still independent?
On elections of judges give money businessmen and citizens of USA. Despite it, growth "costs of the selective company" very much disturbs researchers and the public. In doubt — independence and impartiality of judges. Attorney Online Business & Financial
Friday, October 8th, 2010
1:06 pm
10 % of time — no-charge work - Stephen Zak (FBA)
In the USA there is a monopoly for legal activity. To be engaged in it  person must have corresponding preparation, education, experience . Besides, not any lawyer can represent interests of other persons in court. It is authorized only to attorneys.

read interviw with Stephen Zak - head on American Bar Association
Tuesday, October 5th, 2010
1:19 pm
Paradoxes of U.S. law market
Price does not depend on the volume and complexity of the work? Paradoxes of U.S. law market

In essence the report - a summary of the results of a study on the pricing mechanism in the field of legal services to the U.SMaybe this will help us understand why the cost of services the law firm does not depend much on her experience in a particular area and the volume of work on this particular request.
Saturday, September 18th, 2010
6:32 pm
eviction notice
My landlady is trying to get us out by monday the 20th, when we were notified on friday the 17th. We haven't gotten an evivtion notice from her or the local sherriff. It is for non-payment, but when you would only have 7 dollars left for groceries, gas, and diapers what can you do but not pay? Can she do this without the notice?

I wanted to add, I don't believe she could hit us up for breaking a lease. We signed a 6 month lease when we moved here in october of '09, but I haven't seen any kind of paperwork from them since then. SO says he hasn't signed anything for them either. I would love if they tried to get us for that.
Monday, June 28th, 2010
10:33 am
Texas child support
So what am I supposed to do when the attorney doesn't turn in the paperwork from the hearing? I paid my lawyer but he bailed on me, my ex never paid his attorney so she's not sending in the paperwork. Why is she even continuing to represent him? Why is my time and money being wasted on the system? This doesn't make any sense....
Wednesday, June 16th, 2010
4:53 pm
Warranties on replacement household appliances
Quick question:

If I have a still-current warranty on something (specifically, a hot water tank) and the company that installed it (Company X) will cover a full replacement for free, but then it turns out that the identical model is no longer available and the ONLY option is to upgrade to a more expensive model, is Company X on the hook for the price difference?

One extra detail that might matter is that the water tank failed because Company X installed it wrong to begin with. They haven't specifically admitted to that yet (we're hoping they do when they see it tomorrow), although two other companies have seen it and have said, "Yeeeeah, Company X installed this wrong and their shoddy work caused the failure."

So because of Company X's shoddy work and the ensuing water tank failure, we have to replace the entire thing, with a pricier model, and I'm not very happy about having to spend like $500 dollars more on a more expensive model. Does Company X have to eat the difference?

Monday, May 10th, 2010
4:26 pm
California Tenant Rights
I've enclosed a number of e-mails under an LJ Cut, which contains much of my proof concerning what has been said and what has happened. (Names have been replaced with an X)

I will attempt to summarize...

My boyfriend and I moved in on a sublease (which was okayed by the original landlord, but our lease is with what will be henceforth considered to be our landlords, as upon research into the matter, CA Tenant law requires them to treat the sublease the same as a regular lease). This was in February - we have a copy of the lease. We paid $2400 in advance (six months in advance, as rent is $400, including utilities). We were given a private room, main use of the guest bathroom (as far as cabinets go), though the shower was shared. We were also told we had full use of the premises - kitchen, porch, etc. Standard stuff.

I'm including e-mails dating back to the one that began this whole situation - other than to pick up a few things, we have not stayed there at all. Please note the dates, as his complaint about 'being home too much' are just strange, since we had spent a few weekends at my mothers, and when I was 'staying home', I'd informed him that I was very ill and had even gone to the campus health center for it. We moved in on February 1st. Most of his complaints are without grounds, but if any need to be explained, I will explain them.

Basically, they sent us a complaint e-mail on March 26th (which was the second one in less than two months) which stated that they would not be extending our lease and may need to terminate it early so they could move their grandmother in. (Note: They have a spare bedroom. Also note, it was clearly stated in the lease that the lease could be terminated by either party at any time.) We decided that securing another place was in our best interest, since we would receive a decent amount of advanced rent and our last month's rent back to find a place and put down a down-payment of some sort.

We e-mailed our intent to move on April 12th, and out of the goodness of our hearts, asked what would be most convenient for them. He requested May 1st as our 30 Day Notice because of his financial difficulties, and we readily agreed, hoping both to part amicably and to just work everything out in our own lives without hassle. If I knew what I knew now, I would not have been so kind.

I began then to inquire about getting at least part of my advanced payment back - perfectly understanding that they could, and should, withhold the last month's rent until the area had been inspected. Information was not clear whatsoever. (See e-mails.)

They apparently decided to start getting angry and the e-mails began to take on an insulting nature. Still, we only wanted to resolve everything and get back part of our advance payment, as we were told that it would be kept with a relative and not spent. It's pretty clear they do not have it and have no intention of giving it to us until absolutely necessary, going so far as to state that they have up to 21 days after we move to return it to us.

That was where I began to look up tenant law. Turns out they are not allowed to enter our room without written notice (or a verbal agreement we give while present, which was never the case) and not only do I have documented proof of them admitting to entering, when I asked them not to enter without notice in the future, I received the response of 'I can enter anytime I want if I'm airing out the house, it's my house' and later was told that they were going to do a walk-through of the room, not stating time or date, and said that if we thought it was unfair, too bad, he does not care. (Again, see e-mails.)

Furthermore, of the little time we spent there, we went several days without hot water due to a faulty water heater, which resulted in random flipping of the breaker. We asked if they would please inform us beforehand so that we could turn off our PC for safety, but was only told once in the dozen or so times it was done - anything I was working on was lost and constant sudden power outages lessen the life of a computer. We also went without a bathroom sink for at least two weeks. On top of that, as you will see in the e-mails, our mail was not being delivered to the house because of his actions, which we were not told about.

They have insinuated that because we did not submit a written 30 Day, they can just pretend like they did not receive one.

As you can see below, we tried civil. We continued with civil. Only once did I even sound affronted. I did not curse in any of my e-mails. He insulted us, cursed and practically challenged us in his last e-mail. He also blatantly closed the lines of communication that I expressed a need for.

We mostly wanted to receive our advanced payment and get confirmation of when and any other information that would have been relevant. We were clearly denied this and treated extremely poorly. He has broken a number of tenant laws according to the CA Tenant handbook I downloaded, and I am considering suing for things like entering without permission, blatantly denying our right to be present when the room is entered, possibly for other things such as verbal hostility. For withholding information about the ability to receive mail and not providing a mailbox that we could actually use.

I want to know just how much of a leg I have to stand on, and what I can plausibly sue for. I did not want to sue, and only said I would if they refused to recognize our intent to vacate, but their constant pushing of my if... then... lawyer statement as if I'd threatened them with it no matter what makes me think twice. They have been so hostile after moving the date of our notice to vacate for them, which only caused a loss to the money we would have received, as well as such civil and mostly polite e-mails and inquiries, I feel I would be in the right to sue for this ordeal.

E-mail CorrespondenceCollapse )

Any advice as to how to go about exercising my tenant rights, or any tenant rights or legal codes I may have missed would be greatly appreciated. Honestly, after all of the hostility and mostly false or overblown accusations and his refusal EVEN NOW to be civil and perhaps give me some sort of projected date of refund, or if it will be a split payment, or even address the fact that not all of the money is a last month's rent deposit, and in fact basically telling us not to correspond with them and to get in and get out with our stuff well before our 'last' day, I feel I need to take action. Especially after finding out what my rights are and how much they've been violated.

If there is any law concerning the level of hostility and refusal for clear open communication I have endured, that information would be extremely helpful.

This is taking place in Sacramento, California, and I have listed all pertinent dates.

Thank you.

Current Mood: discontent
Tuesday, April 27th, 2010
6:43 am
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