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  1. fredrikklaw

    Negligence, Other Injury I want to know if I have a valid case to sue for negligence, endangerment to life

    Happy to say you DO NOT HAVE A CASE! I am in full agreement with Army Judge’s answer and the reasons for reaching it! Yes, unfortunately, or fortunately I should say, you do not have a case here since there were (Thank Goodness) no damages incurred and collecting on a claim of I.I.E.D...
  2. fredrikklaw

    joint ownership of house......brother and sister.......brother is ill

    You will own the property outright! CRAZYLADY45: There is really no need for you or your daughter to “purchase” from your brother his half of the property; in fact, you cannot purchase and he cannot sell when the ownership of the property is through Joint Tenancy, hence making you and your...
  3. fredrikklaw

    Criminal Records, Expungement expungment help

    Go pro se, but at the right time! ASHSNY: It’s good that you have paid the fines and have also completed community service, but the most important condition that needs to be satisfied before a Petition for Relief (Expunging Records) can be entertained is the 3-year (Summary) Probation Period...
  4. fredrikklaw

    Statute of Limitations - discovery of home repair

    It is 10 and caveat Mechanic's Lien! You will be happy to know that the statute of limitations for bringing a home defect or construction defect action is actually 10 years and not 4 years, and the absolute beauty of it is that it runs with the property itself and survives change of title and...
  5. fredrikklaw

    Drug Crimes, Substance Abuse arrest for 3 adderal pills

    I feel safer already! First of all, let me get the disclaimer out of the way, which is I have THE utmost respect and appreciation of law enforcement asunder and the enforcers; police officers, sheriffs, highway patrol, etc, and so on right across the board. Unequivocally! That said and done...
  6. fredrikklaw

    Consumer Fraud Business with no legal address

    Notice & Opportunity First, Litigate Later! Let’s get the “legal questions” out of the way first! (1) No, there is no a legal requirement for a business to print its full address on an invoice, unless it is involved in construction or plumbing, in which case the state’s license number must...
  7. fredrikklaw

    Other Green Card Issue Possible to keep green card while living abroad?

    As a green card holder, or a Lawful Permanent Resident if you will, your wife can stay out the Country for up to 6 months at a time without any problems, with a stay of over six month necessitating contact with an American Consulate. But she will forfeit her green card for stays of over one year...
  8. fredrikklaw

    Led Lights under car..

    Ahhhhh, Municipalities! You gotta hand it to the local municipalities for not only their single-minded, fortuitous attitude and resolve in not only standing their ground in the face of public backlash of any magnitude to warped legislations, but also for their wholehearted embrace of the fabled...
  9. fredrikklaw

    New Editor, New Features

    Hear, Hear! I would also like to extend my thanks and appreciation to TheLawProfessor [et al] for the mighty effort it takes to not only create and maintain an absolutely first rate website, but to create and maintain the very best of law forums on the web by a galaxy ride; TheLaw.com. The...
  10. fredrikklaw

    fix it ticket totally missed up

    No need to go to court! I take it the officer who issued the ticket did not explain the workings of a Correctible Offense, otherwise known to the rest of us as a “fix-it ticket” and making you unnecessarily worried about a matter that you have already taken care of and for which you do not even...
  11. fredrikklaw

    Seller cancelled REO transaction-repairs costs reimbursable & Hold Harmless Agreement

    Promissory Estoppel and/or Specific Performance! The only thing missing from your post to make it a genuine contender for a great end of term (horse race) Contracts exam question is the proverbial closing sentence “What are the rights and remedies of the parties? Discuss and Decide.” And no pun...
  12. fredrikklaw

    Should I include the "Date of Discovery"on my defamation suit

    No Anticipation of Defenses Allowed! There is no problem, or rather, you will not be facing any objection by the defendant about the complaint being untimely filed; better known as the statute of limitation argument. Technically and by virtue of the California Code of Civil Procedure, you will...
  13. fredrikklaw

    Buying property from dying parent?

    Conveyance inter vivos! In order to help you and your sister avoid the hassles of a long and entailed probate when she passes away, your mother can do what is called a Conveyance Inter Vivos; this is a way by which a grantor can legally convey by deed or will an existing future interest to his...
  14. fredrikklaw

    Loan from friend with no stated repayment plan

    It's enforceable, but not for much! Well, a Quasi Contract which is more often than not referred to somewhat erroneously as an “oral contract” is just as valid and therefore enforceable as one with its terms reduced to detailed writing in all the states of the Union as it is a part and parcel...
  15. fredrikklaw

    Laws generally ignored

    Ignoring it won't make it unenforceable! Robeyw: With all due respect to your civic teacher and his/her teaching, the reason you have not been able to find any references to “customarily ignored” laws and the effects on their subsequent enforcement is because there is no such a concept...
  16. fredrikklaw

    K Visa Moving from a student visa to a Fiance visa

    Do not complicate a simple matter. I0ser20: To reiterate and paraphrase Army Judge’s opener, the words “grace” and “visa” do not belong in the same sentence and as such there is no grace period for renewal of an expired visa, not these days anyways. It used to be that prior to 1998, an alien...
  17. fredrikklaw

    Lanlord showing house to buyers without my permission

    Yes, you have heard right and I am amazed that this sort of thing still goes on in this day and age and in California. But fret not because California Civil Code Section 1954 comes to the rescue and may be even help with the edification of the offending idiots. Proper notice should be given...
  18. fredrikklaw

    Declaratory Judgment

    Well, you do not have to, and it is really not required of a petitioner to actually write an Order for the judge to merely sign, because his or her honor will actually write the final order in their own words save the opening of paragraphs. Also, a request for Declaratory Judgment is made in...
  19. fredrikklaw

    How to handle enroachment by neighbor. Saws or Suits?

    Move it or else! You do not have to be penalized for this; it is your property; you will not have to pay for any damages; you do not have to be timid; you tell them to move it or lose it and pay for the pleasure of losing it as well. First off, we are talking about an encroachment to your...
  20. fredrikklaw

    Business Contracts Breach of Contract if One Party is Indicted on Fraud/Theft Charges?

    Anticipatory Repudiation! Well, the “fair” can terminate the contract with company X without the fear of being sued for breach of contract by them based on Contract Law’s doctrine of Anticipatory Repudiation (or anticipatory breach) which basically says and provides (paraphrasing here): when a...
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