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It's all hot air! You did not mention what the “trial” is going to be all about, but going strictly by what information you have given, I can only presume the trial you are referring to that is set to take place at the end of June, is in fact an “ORDER TO SHOW CAUSE WHY A PERMANENT RESTRAINING...

Softly, soflty, catchy apex monkey! But of course! They have gotten their ‘you-know-what’ in a twist because you have summoned one of the big honchos for an Apex Deposition, and while they cannot willy-nilly ignore a deposition notice or a deposition subpoena, they can however move for a...

Absolute Duty of Care! Yes; you absolutely and positively have to “disclose” to tenants! There are three categories of people who enter another’s land; Invitees, Licensees, and Trespassers. Tenants' presence on your land puts them in the category of Invitees and as landlord your duty of care...

Abandonment (v.) Eviction! I will address both questions in this reply. A lease contract was formed and you are of course bound by the terms of the lease if the "employee" who signed in place of the landlord had the capacity to contract on his behalf; i.e. he was authorized, was given...

Insufficient Facts! When it comes to litigation, “success” is a very relative term; but as to whether Lucy has a case against the shampoo manufacturer and if any for what cause or causes of action, well, the hypothetical does not contain enough information for a proper analysis and...

Agency! Of course they are liable! No question, ands, ifs, or buts about it. The doctrine of Vicarious Liability makes Domino’s Pizza 100% liable and they are on the hook for this one. Also known as “Respondeat Superior,” it holds employers liable for negligent acts or omissions of their...

You adhered! I have to play the devil’s advocate here and say that unfortunately you have no recourse against the owners of the parking lot! By taking the ticket and entering the parking lot, you entered by implication into and gave consent to be bound by the terms and provision of a...

Cases should be dismissed! Alexandria: A little clarification, please! O.K., you forgot the court dates for two correctable, traffic-related citations and I take it you were recently arrested on two F.T.A. (failure to appear) bench warrants; so why are you going back to court on two dates...

Lease is a contract! Well she (the missing roommate) can do what she pleases; talk or not talk, pay or not pay, but what she cannot do even if she wanted to is “take her name off the lease” arbitrarily; it simply does not work that way and it is an absolute misnomer to think she can. She...

I don't think so! So, evicting the non-paying tenant would be expensive for the landlord, but he is willing to evict the rest of you because that is not going to cost him anything? And what would be his cause for evicting the rest of you; for paying rent and for being tenants in good standing...

Case, there is! Going by the information given in your post, I would have to say the patient very much has a case against the healthcare provider for Medical Malpractice. You did not mention your state (jurisdiction) but the statute of limitation for bringing a medical malpractice lawsuit is...

Non-party; Subpuena! Requests for admissions and interrogatories can only be directed at the parties to the lawsuit. You can obtain information from a non-party only by way of a “deposition subpoena” to conduct an “oral deposition,” a “written deposition,” or a “deposition for production of...

“Felony Robbery” is a redundant phrase since all robberies are classed as felonies and the reason “your friend” is being charged with robbery instead of petit larceny -or shoplifting with a value of less than $400- has to do with the black letter law definitions of larceny and robbery. You...

Has to be included in the original claim! Basically, the plaintiff here (the corporation) can collect attorney’s fees only if the fee was included in its original Statement of Claim (the complaint) at the time of the filing of the small claims action with the total amount of the claim not...

Approaches Illegal by Federal B.K. Mandates! Well, there is no statute of limitations for vehicle repossession per se, but there is one for Breach of (written) Contract in connection with the purchase of the car which is four years and the contract being the loan, of course. But that’s neither...

No Loss For Ross! It was very decent of them to cut you a break and you were fortunate not to go to jail, but they were quite out of order to make false legal claims in order to turn what would have been a loss of few dollars into a potential $400 plus (pure) profit. You see, by sending...

More Like Abandoning Common Sense! Nonsensical, vindictive, irrelevant, misguided, phony baloney clap trap is the best way to describe the lines your friend has been fed by the police and the soon-to-be ex-wife and he should not fret over this “lease abandonment” fairy tale for one second...

Just Making A Point! Of course self-defense exists in dogs’ world and good for him for not standing there timid when his face is about to be rearranged and I think it is safe to add ‘Preemptive Strikes’ and “Don’t-let-this-pretty-face-fool-you” to the list of doggy traits. The little rascal not...

Claim Against Bond! All building contractors are licensed by the state and must put up a Surety Bond with the licensing board before it can be issued, and that bond is exactly for just such situations. First of all, you should contact the contractor and allow him a week or two to cure the...

Final Decree? It was standard contract? I don’t think so! And any mess is going to be your ex’s and the accountant and not yours. But let me ask you this; are you still going through divorce or has it been finalized? Also, where did the first attorney come up with the $50,000.00 fee figure...