Title: Living in a hotel because of upstairs sewage leak into my ground floor apartment. Negligent landlady offers $45/night for hotel.

Question:
  I live in Denver Colorado and I'm 48 days into a 12 month lease and living in a hotel because of a preexisting sewage leak my landlady said was fixed before I signed my lease. Both of my bathrooms have constant sewer water dripping from the ceiling and pooling on the floor, the drywall is so soft you can easily poke a finger through it & it smells like shit. I haven't had a loss of personal property yet because i was able to move items so other than sewer smell which isn't covered my things are cool, I have started a loss of use claim. The Landlady is saying that she will only refund 2 weeks of rent and that I might not get my security deposit, which is insane as I have spent an incredible amount of time cleaning a new apartment to my personal standard.

Her insurance company is only going to put up $45 a night for a hotel,  I told her that I took the amount as an insult. My renters insurance is saying that they might not be able cover me in the situation since it involves a previous leak that existed before I was a tenant.

So, I'm sitting here drinking at a crappy hotel bar wondering what I should do. Help

Answer: I find it odd your insurance said that.  In my experience they always covered me and then went after the landlord.Answer #2: So tell her that her insurance is not your problem, and recommend that she gets better hotel coverage, if your actual damages exceed $45/day. You are not a party to her insurance contract.


Title: Aeromexico refused to give us boarding passes and is charging us to reschedule our flight (California)

Question:
We arrived at the airport an hour before our flight left, but the desk attendants refused to give us our boarding passes, saying we were "too late" to check in.

We are trying to get on the next flight and they are going to charge us $200 to reschedule and an additional up-charge since the only tickets available for the next flight are first class.

So, to recap: Aeromexico forced us to miss our flight and is now charging us to reschedule.

Besides this being shady as hell, is this legal? What are my options?

Edit: This is an international flight.

Edit 2: I booked through Expedia, there was never any mention of when I needed to arrive at the airport.

Edit 3: To be perfectly clear, I'm more concerned about the $4000 they're trying to charge me to get a flight later today than I am about them not letting me board.

Answer:
 Is this an international flight?  If so, Aeromexico requires you to check in [90 minutes before flight time](http://aeromexico.com/us/travel-information/at-the-airport/check-in-time-before-depature.html).

It's perfectly legal for Aeromexico to set rules for their flights, and to hold you to those.


Title: 18m College Freshman just got arrested for disorderly conduct last night. Cobfued about what happens next and my future from here on out.

Question:
Hey Reddit, I'm currently a freshman at a University in Mississippi. Last night, my friend and I were leaving the dorm making a beer run for some friends. Unfortunately a University cop was on the first floor and saw us as we were probably pretty obvious and took is outside. We poured out all of our drinks and luckily he let us go. Then I fucked up.

So I'm in a friends room, and our dorm has a restaurant that serves food on the first floor, which you can get to without leaving the building of course. So about 30 minutes has passed and I along with another new person decide to go downstairs to get food.

Soon as we get down the elevator, I lock eyes with the cop and he puts handcuffs on me for disorderly conduct about not following his order and takes me promptly to the jail station.

Confused as all hell, I get to the station and get thrown in the cell for about an hour before I could call my friend. A friend came with exact cash and paid my bond, which was about $280. They let me go and told me to follow up with a court date upcoming soon.

When in jail, I was asking a lady cop super paranoid questions about my future, and she promised me that this wouldn't effect me at all, but I feel like she was just trying to be comforting and I'm very worried still.

They also told me to call the courthouse today, and said that it's very possible my caee might get dropped because it was so minor.

Now here is where my questions start:

What do I even say to the courthouse when I call them. Admit everything?

Since I wasn't arrested for drinking, should I never bring it up if possible?

What should I say when calling the court here to help myself out? Is it possible to play the "stupid College freshman" card and drop this completely somehow?

Is this going to show up on my record from now on, and if so will it affect employment?

Will I need to get a lawyer for this?

And if you guys have any other pieces of information for me or advice please let me know. Not the best way to start my second week of school. Sorry Mom.

Tldr: arrested for disorderly conduct on campus, paid cash bond, unsure what to do now.

Answer:
 Plead not guilty if asked for a plea.

The university should have a student legal services staffed by 3L's that provides free or cheap legal advice to students.

I'm not sure that going to a restaurant/cafeteria constitutes a disorderly. Answer #2: I'm confused as to why you were arrested for going to a restaurant in your dorm hall? What did you *do* that was disorderly?


Title: [VA&NC] Can primary parent mandate that other parent pays for child's private school?

Question:
[deleted]
Topic:
Custody Divorce and Family

Answer:
 First of all, no one will be able to help better than your own lawyer.

If the custody order gives your husband the power over educational decisions, you have some help there. He can simply decline to agree to her being placed in this school. If she has the power to place the daughter in the school of her choice, than the mother can enroll her daughter there, no issue.

Second, it will depend on what the court order says regarding educational expenses. Usually, education and healthcare expenses are spelled out in the terms of the agreement. That is where to look, if your husband is responsible for 75% of educational costs, he will be on the hook for 75% of the private school tuition bill.

This is just general advice. Again, nothing can help more than talking to your own lawyer. They will have all relevant facts from the case.


Title: At what point do pictures become pornographic?

Question: Is there a standard here?  For example, let's say that a minor girl poses in a thong with her butt showing.  Is that child porn?  Girls wear swimsuits that show their butts to the beach these days, but that is a different context.  How about cleavage or so called "side-boob"?  Is there a fine line that says what is acceptable?  I'm in California but I'm asking in general.

Answer:
 You'll know it when you see it.Answer #2: When the picture contains sexually explicit conduct.

From 18 USC 2256(a):

> "...“sexually explicit conduct” means— (i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited; (ii) graphic or lascivious simulated; (I) bestiality; (II) masturbation; or (III) sadistic or masochistic abuse; or (iii) graphic or simulated lascivious exhibition of the genitals or pubic area of any person;"

Side note: I have pasted this damn definition more times in the last 3 days than I have in over 4 years in this sub. What the fuck is going on, Reddit?


Title: Car Insurance Fraud Against My Mother?

Question:
Reddit,

Me mum sold her vehicle last year to a private individual. She followed all Department of Motor Vehicles procedures regarding the sale of vehicles during and after the sale of said vehicle. The vehicle was also removed from her insurance policy two days after the sale. A month after the sale, the new owner got into an accident. Some how some way, the claim was filed under my mother's insurance.  She is now being held liable for both the accident and the injuries suffered from the accident.  Shes unsuccessfully attempted to communicate all these facts to the insurance companies.
Considering the above stated facts, is there legal ground for my mom to sue the new owner for fraud? In my opinion, the new owner either denied that the vehicle was his, or used an old insurance card still located in the vehicle (speculation) at the time of the accident.
I would greatly appreciate any input from the Reddit Community.
Thank you

Answer:
 Her insurance company has a direct financial incentive to believe she wasn't responsible. If she can't convince them, she's going to have serious trouble convincing a judge.

>In my opinion, the new owner either denied that the vehicle was his, or used an old insurance card still located in the vehicle (speculation) at the time of the accident.

If you have to speculate about why the insurance company wouldn't believe her, your mum isn't telling you the whole story. They would have explained their reasons.


Title: TX speeding ticket, haven’t had ticket in 8 years

Question:
To keep a long story short I have a clean record, been 8 years and I don’t even think it was a ticket.

Active duty military driving back from Houston, found out my grandfather passed away this morning.  Just kind of stressed and down.  On a 70MPH road and I gunned it to pass someone slow and get back in.

Two tickets, 10% over with estimated 85MPH, and failure to pass safely on left.

Yes I’m an idiot and it’s been a crap day, I realize this fully.  I take responsibility and am otherwise a safe driver.

My question is do I plead guilty, no contest, hire someone? I’m so confused.  No idea how much they even are, don’t know if I’ll get points or insurance hikes.  Just pissed at myself.

Answer: It is likely you will get an insurance hike, fines, and points. Hire a lawyer who specializes in this.


Title: Is there a legally binding "DIY" advance directive kit for CA?

Question:
As the subject says. I work in healthcare and have seen so many people forced to "live" when there's no hope for them because they had no directive in place, or the family can't let go. I don't want that.

I've searched DIY/"fill in the blank" advanced directive kits but they all seem to require and make use of different things. What, specifically, does CA require, or where could I find out? Is this something I can file myself? I really don't have the money to use an attorney for it at this point.

Answer:
 Here's the thing, if this ever has to come into play, there's no chance for you to fix any screw-ups. You *need* to know it's done right in advance. It shouldn't cost very much at all to have a lawyer draw a very basic one up -- a couple hundred I'd think.

Not a lawyer.


Title: Buddy just signed birth certificate

Question: Child might not be his can he back out or is it too late? He signed it like two hours ago and news was just broken to him that she slept around.

Answer:
 Location isn't optional.

I hope he's ready to pay some child support and a lot of legal bills. This is going to be pricey! He ought to demand a paternity test **right now**.Answer #2: I am sorry, but without knowing the state it is impossible to answer. For example in Texas 'signing the birth certificate' is not the same as signing the acknowledgement of paternity. If he signed something similar to the AOP, there are generally remedies to 'undo' it.

Another thing to bear in mind, you lack details. For example, in Texas if he is married to the mother he is the 'presumed' father and there are ways to overcome the presumption.

tl;dr, need more information.


Title: Got a speeding ticket for 108mph. What are my next steps? (California)

Question:
Hi everyone.

Just received a speeding ticket as well as fix it tickets this morning on the freeway in San Diego. I am 22 years old for context.

I received these infractions:
22349 a = speeding over 65
22348 b = speeding over 100
26708 a = front tint
27151 a = loud exhaust

The motorcycle cop put down approx 108mph on the ticket. He was posted on the left shoulder where I sped down the left most lane, so he got a direct view of me.

When asked what speed I was doing, I said something along the lines of “idk prob almost 100 or something?”. I realize I shouldn’t have said anything, but I also wasn’t very clear with it either.

He also asked me if I’ve gotten ticketed for the tint and exhaust and I just said no, because I can easily put those back to stock anyway.

I spoke with 2 lawyers; one local traffic lawyer in San Diego and the other traffic lawyer who is located in LA but works all over California.

SD attorney quoted me $299 to work on my case, and it would be flat cost for the whole case. They could not disclose a success rate when I asked, as they don’t keep track of it.

Other attorney quoted me $1447 to work on my case from begin to end, and they stated they have a 92% success rate.

Both attorneys say they have worked on very similar cases and usually they negotiate the speed down to less than 100 so that you only get less costly fine and one point on record. Since doing over 100 means you get 2 points, higher fine, and 30 day suspension.

I understand that I won’t get off 100% scot free, but would like to at least get my ticket lowered so that I can still drive to work and not bother my family, as well as not pay even more for insurance.

What are my next steps? How do I choose between lawyers with such a significant price difference? Is it possible to get my case lessened? What happens in this type of case? How successful are attorneys or getting a lesser charge in these cases?

Thank you so much for your time reading my post!
Topic:
Traffic and Parking

Answer:
 Step 1: Rethink your life choicesAnswer #2: Step 2: Fill out an organ donor card.Answer #3: > SD attorney quoted me $299 to work on my case, and it would be flat cost for the whole case. They could not disclose a success rate when I asked, as they don’t keep track of it.

lol

Keep shopping around and pick the lawyer you think will represent you best.  Stop driving like a fuckwad.  You have a family and so does everyone else on the motorway.


Title: Father's custody rights

Question:
I am the father of a beautiful little girl and her mother has decided she wants to move across country and take our daughter. We have not gone to court for any reasons as of yet including for custody and have been trying to work things out on our own. We have had ups and downs but things were finally looking up and my current partner and I would have her every other week because she is not in school yet. Recently, we had a fight with my Ex and she threatened to take me to court for child support if I didn't help her move. I know I have been lucky to not have to pay child support yet, and am not opposed to it, and I know that she will probably file for it eventually. My question is if she goes through with her threat  is there any way to prevent her from moving so that I can actually see my daughter especially while having to pay child support?
Topic:
Custody Divorce and Family

Answer: You can petition the court to not allow her to leave the state and yes, this will open you up the possibility of paying child support regardless of whether she follows through with the threat or not. The court can unilaterally decide on child support if they feel it's in the best interest of the child. Having said that, if both parents are doing well and it seems like the child is being taken care of on both sides, the court probably won't do that unilaterally. The choice is your's. You know the mother's attitude and whether she'll retaliate by requesting child support. Whether or not you think that's worth seeing your child more than is up to you.


Title: My Son punched a girl who hit the back of his head.

Question:
On my previous thread, https://www.reddit.com/r/legaladvice/comments/8820m4/my_son_punched_a_student_who_slapped_the_back_of/?utm_source=reddit-android
 I explained our situation in middle school with him punching a female student who slapped the back of his head. Well, we recently received a letter in the mail to go to a clerk-magistrate hearing. What can we do?
Topic:
Juvenile and Youth Law

Answer:
 If this is the case I'm thinking of, you should hire an attorney right now. What type of hearing is it? Has your son been charged with anything?

EDIT: Yup, I remember this post now. Speak to a criminal defense attorney right now. Do not speak to anyone else regarding this. It is imperative that you hire a lawyer immediately.Answer #2: Go to the hearing with your ATTORNEY and follow your ATTORNEY's advise.


Title: Wrongful pet death at a hospital. Is it too late?

Question:
I started working fresh out of college for a corporately-owned chain animal hospital. I knew nothing about vet care. I trusted the doctor there and got my cat’s preventive care taken care of within the first few months. This included vaccines and a dental cleaning.

My cat was 14, had amazing blood work, and only had one tooth that needed to be pulled. Without going into too much detail in case anything comes of this...she died 4 days after the dental. She was admitted to an ER (paid for by the hospital) for treatment of aspiration pneumonia.

At the time I trusted the doctor, I worked there, and was naive and didn’t realize they could be in the wrong. But the longer time has gone on I realize all the things they did wrong. I have proof of that with written medical records from her visits with them and from the ER.

After being in the field for a little while and meeting other great vets and good clinics I’ve learned I could probably file a suit (chances of payout would be good because it’s a corporation) and/or file a complaint with the state board against the vet.

My question is how long after my cat’s death would I still be able to do this? It’ll have been exactly three years on February 6.

Answer: What are you damages?  Because if the hospital bills were all paid, then you're only out the value of a 14 year old cat.  And not to sound harsh, but that's not a large value.


Title: Can I use a chainsaw for self defense in my bedroom?

Question:
I was joking with my wife this morning that perhaps a more deterring self defense than a gun is a chain saw. It's loud and no sane person wants to deal with a chainsaw in a close quarter combat like in a bed room.

Laughter was had, then it strikes me that Hey maybe it is a good idea! So here I am, wondering the legality of it. Thoughts? My state is CA.

Answer:
 It would certainly be deadly force, so if you are legally authorized to use deadly force, you can use a gun, or a knife, or a chainsaw.

But I'll bet you a dollar that if I'm a bad guy who breaks into your house in the middle of the night, waking you up, and I have a gun, knife, bat, crowbar, or any other weapon, and you are trying to get a chainsaw started, I'll be able to shoot/stab/club you before you can really get it into play.


Title: Is it legal in the state of Idaho to consume alcohol as a minor in a private residence?

Question: I have been getting mixed results, when I do a basic google search Idaho comes up as one of the states that allow "alcohol consumption in a private residence" however when I look on the legislation website all I can find is that there is a fairly no exception policy. I don't have much experience but reading through [Section 18-8004](https://legislature.idaho.gov/statutesrules/idstat/Title18/T18CH80/SECT18-8004/) that's what it seems to look like to me. Can someone clarify this? Would it make any difference if it was a guardian providing said beverages?

Answer:
 Absolutely illegal, and an adult providing it is even more illegal.
Source: https://alcoholpolicy.niaaa.nih.gov/underage-drinking/state-profiles/idaho/64


Title: When does the “Barnyard” movie pass into the public domain? Asking for a friend.

Answer:
 Based on the current copyright laws, towards the end of this century.

Based on the history of the Congress extending copyright every time early Disney works approach public domain, never.

Either way, the answer is a different version of "after all of us have passed away".


Title: [South Carolina] My father's ex wife got him to sign a financial power of attorney while in the hospital 3 days before he was deemed mentally incapacitated.

Question: My father was recently deemed incapacitated. From what my lawyer has uncovered, on the day he was admitted to the hospital and before he was official deemed incapacitated by a psychologist, his ex wife talked him into signing a financial power of attorney. Three days after he signed the power of attorney, he was ruled mentally incapacitated. I have since then been granted temporary guardian and appointed conservator. My question is, was the power of attorney signed by my father in the hospital granting his ex wife financial power of attorney hold weight considering he was ruled mentally incapacitated 3 days later?

Answer: It's lawyer time. Contact your state bar for a referral. It is very likely that a court would invalidate that POA.


Title: I won my small claims case, they haven't paid, what do I do now? (TX)

Question:
I filed a small claims case against a former landlord, they didn't show up for the court date, so I got default judgement. It's past the amount of time they were supposed to pay, so now I need to file a writ of execution or something like that, but I have no idea where to start.

I'm in Texas. The property I'd file a lien against is in Dallas county.

Answer: Contact the court that issued the judgment, and ask them how to go about enforcing the judgment.  Each court is different.


Title: Income based apartments. If I get one, will they find out I’m going to college?

Question:
Obligatory first post, on mobile. Also, I’ve tried googling this, but can’t find anything about it. I think this is the right sub to post in. If not, can you please direct me to somewhere I can get an answer?

I’m going back to school in the spring, therefore I won’t be able to work a lot and make enough money to live on my own. I found some income based apartments I can afford, but they said they don’t want students living there. How will they know if I’m going to school? Do they look into that through my SSN or something? Or will I be able to “hide it”?

Thanks.

Answer:
 I used to live in an income based housing - there were min and max incomes. There was a LOT of paperwork for the initial lease and every renewal. I mean, a LOT. They ran credit checks, pulled county land ownership records, bank statements, letters from my payroll office with my income, pay stubs, retirement accounts, taxes for the previous four years. It was pretty invasive. One of the documents I signed was a notarized statement that I was not a student.

They went through my previous years' bank statements so closely that I had to account for my grandmother's annual Christmas gift of $100 and verify it was not income. Any money that I deposited that was not from payroll they asked about.

All so I could pay $1600 for a townhouse in northern Virginia, which was a good deal for the area.

If your apartment complex is as thorough as mine, they will find out if  you lie.


Title: How can a bank account change the terms of the agreement after it's been opened? Chase recently instituted a new $12 monthly fee on existing "free" checking accounts.

Question:
USA here.

Chase recently instituted a new $12 monthly fee on existing "free" checking accounts, and made up some ways to avoid a $12 monthly fee.  I never agreed to that fee or it's rules.  Can I demand a refund on them?  (First fee charged 6 weeks ago and I didn't notice it, second one 2 weeks ago)

I don't understand how it's legal for one party to make changes to an agreement without the other party's consent.
Topic:
Contracts

Answer:
 People that you have an ongoing relationship with can change their prices going forward.  Last week avocados were $0.99; this week they're $1.19.

Presumably, Chase sent you some notice of the fee in advance of it being charged.

You can probably complain to them and get one or two months of the fee waived ("I didn't know, I never got any notice").  But for the future, you will have to close the account or pay the fee, or meet their rules for not paying the fee.


Title: Startup contractee refuses to pay my invoices

Question:
I live in Texas, USA and was contracted to develop software for a startup in Redwood City, CA. As part of the contract I was charging an hourly rate and I was offered equity in the company that was vesting on a schedule with deliverables that were coming in four phases. Those deliverables were laid out in a time frame that required the startup to hire additional contractors to help deliver.

Contractors released:
After a brief stint of having the needed contractors to deliver on schedule; the other contractors were subsequently released. I was left alone to pursue the delivery schedule myself.

Scope creep:
The deliverables grew considerably in scope following the release of the additional contractors. By the time we had adequate help hired again we were already way behind on the deliverable phases.

Backed invoices, denied equity:
After some time, my invoices were not being paid ($70k in back invoices now). I understood also that they were not going to vest the equity in the contract. At that moment I decided to resign from the startup.

They are still raising money in the valley and likely have the money in the bank to pay me because they offered me $23k today to settle the $70k in invoices with no equity.

Questions:
What is the most cost-effective way using the CA court system to maximize public embarrassment for the startup?

In CA is it possible to take a mechanics lien against the code repositories and patent I wasn’t paid for?

Can I publish their codebase as open source software since they haven’t paid me for it?

Answer:
 IANAL, but in order:

* Don't do that. Just don't. Going public could screw up any chances you have in court, and if they don't have the money in the bank doing that will ensure that they never will. Now, if some investors just so happened to be tipped off after you get your money, then said investors might be able to sue, but that's hardly your problem.

* Yes, but you probably shouldn't. Getting a lawyer involved will likely have better results.

* If they haven't copyrighted it/patented it and you haven't signed a contract stating that they own the code you wrote for them, yes. Otherwise, no, because they still own it even if they haven't paid you for it because the law is fucky when it comes to computers. You can sue them for the rights/patent/copyright to the code you've written as part of what they owe you, *then* release it as open source and scream it from the rooftops that you're releasing their code.

Basically, you're going to have to elevate this, either through arbitration or just straight-up suing them.


Title: [KS] Convicted felon, terrible person wants custody of friend's child. Lawyer says there's nothing to do. Is this true?

Question: [deleted]

Answer: Yes he can. It's also not that lawyers job to spot check that kind of thing so don't be mad at him for not googling when your fingers work just as well. He doesn't have special access to that info that you don't. If the father wants partial custody he might get it. Your friend can't control this, it is his child as well.


Title: [Ontario, Canada] Landlord claims they can enter apartment without warning due to a "loophole"

Question:
I'm living in an apartment in Toronto and there is an empty room. When I moved in, I only signed a lease for the room and not the apartment so now that the room is empty, I'm not on the hook for it.

However, my landlord is saying that since I don't have the lease for the entire apartment she can enter whenever she likes without notice, into the common space. She's claiming that the shared area belongs to everyone including the empty room and since no one is in it, it is hers.

I'm quite sure that she still has to give me notice since she doesn't live there. Any advice with some legal citations would be great.

Edit: Thanks for the advice guys, it looks like I now have a 75 year old nosy bigot as a roommate now.

Answer:
 If you signed a lease for the room, then it's understood that other people may rent the other rooms and have access to the common areas.  This isn't a loophole, it's standard procedure when you rent a room rather than an entire apartment.  Answer #2: I really don't know the answer to this, as the *RTA* doesn't address it, but if the lease stipulated the use of those common spaces, then there's certainly an argument to be made that the tenants enjoyed exclusive enjoyment of those spaces, albeit jointly. Whether one or both rooms are rented wouldn't make a difference to the landlord's right to enter.

In fact, [here's a decision of the LTB](http://www.canlii.org/en/on/onltb/doc/2013/2013canlii50999/2013canlii50999.html) that is apparently supportive, at least of the argument that landlords do not have the right to enter the common spaces of rooming houses without proper notice.

OP: if you are interested in pursuing this, you'd start by making an application to the LTB. It's free for tenants to file, and just the threat of filing might be sufficient to make your landlord think twice about not giving notice or entering unnecessarily. The [form you want is the T2](http://www.sjto.gov.on.ca/documents/ltb/Tenant%20Applications%20&%20Instructions/T2.pdf). The LTB also has a duty counsel program you might qualify for you that could give you more specific advice.


Title: This may sounds a bit crazy

Question:
I was shopping at the store in the boys section for my son’s clothing and I noticed a 15 year old boy doing something strange. He seemed to be young looking.

Anyhow, there was a teen mannequin in the boys section. I saw that boy touch the mannequin near the legs for about 10 seconds and then he stopped. I couldn’t tell whether it was a sexual, a  joke, or maybe he almost knocked it over or not but it was fucking creepy. Should I have told the store manager? Is this even legal to violate store property? It makes me not want to shop at that clothing store anymore with my children. I live in New York. Weird shit happens here.

Answer: It's not illegal to touch mannequins for 10 seconds in a creepy way.Answer #2: It might have been a sexual joke. Teenagers, whilst known for their high-brow humor, are known to make dick jokes on occasion. I don’t see a legal issue here.


Title: [CA] I was just "layed off" while pregnant and on short term disability leave.

Question:
I was at this job from October 2014 up until today. I have only received one written warning for discipline, and it was for not taking the trash out on a Friday before the weekend (boss was in a pissy mood that day), and that warning was received summer of 2016. Other than that, I have received consistent positive performance reviews every year, each of these included a pay increase as well as a promotion from part time to full time in the last year.

My employer is a small business with 5 employees. I informed them of my pregnancy at 5 weeks because I am prone to extreme morning sickness, which is covered under pregnancy disability leave for CA state. I got very sick at 6 weeks and my doctor approved me for pregnancy disability leave from September 18th through October 20th. I asked my boss about coming back after that and what steps I needed to take and I received the following text:

>"I had to hire Sarah full time. Right now, I can't afford to bring you back. I had to use all of our savings, and I am barely making payroll as it is. I will let you know when I have enough to bring you back. For now, I have to lay you off. I'm sorry."

Sarah is her daughter in law who she was/is paying under the table. She was a part time employee (as in she came in to do bills 4-6 hours a week while I was 40 hours a week.) She only started working for them this past summer. It is a "family business" though, so my boss's dream has always been to have all her employees be family members which is why she chose to keep her instead of bringing me back.

I don't know how to move forward. When I get unemployment, it will run out after 26 weeks when I am 8 and a half months pregnant. No one is going to hire me when I am this sick and when I will need to go on maternity leave within a matter of months after my hire date. How do I extend unemployment after 26 weeks? Does unemployment take into consideration factors like pregnancy that would prohibit someone from getting a job as easily as if they were not pregnant?

I don't know if I want to file a complaint against them for wrongful termination yet, as they feel bad and I will get good references from them in the future because of it (also because I was a great and loyal employee).

Can anyone give me advice on what I should do to ensure I can care for my family financially, what I should document, and what I should apply for?

Thank you guys, I appreciate your advice.

Answer:
 [Here's California's Department of Fair Employment and Housing's FAQ on the matter.](https://www.dfeh.ca.gov/resources/frequently-asked-questions/employment-faqs/pregnancy-disability-leave-faqs/)

Since your employer had 5 employees, you're protected to take a certain amount of leave.  Leave for a pregnancy disability, which this sounds like it is, is protected to up to four months per pregnancy.

Your employer is using the word "lay off", which is inappropriate here.  Your employer fired you.  A layoff is when you're terminated due to fault of the employer, like not securing a project and having to get rid of employees that they will not have any work for.

You should consult with an employment lawyer to look over the facts of your case.  I suspect that your firing for this reason was illegal.

Consult with a local employment lawyer.  I suspect your consultation would be free.


Title: When someone changes their name legally, what happens if the original name is in a deceased person's will?

Question: For instance - if a son changes his name from John Doe to James Bond but his estranged father doesn't know and states his name in the will as "John Doe", will the son still be able to claim the inheritance even with his new legal name?

Answer:
 Yes,  as there is evidence to prove their identity.

Some wills name relationships rather than names
 Eg (my first born Child)


Title: Amazon.com charged me $400 for rental books I sent back before they were due [US]

Question: The title really says it all. I bank with Wells Fargo and am going to dispute the transaction as soon as possible. I rented 2 books from them and sent them back in December a week before they were even due. I know this process can be lengthy and I honestly cannot afford to have that money sitting in limbo for weeks. Is there anything legally I can do? I have heard of this same thing happening to other individuals as well.

Answer:
 Have you called up Amazon and talked to them about this? They tend to be excellent about resolving complaints. If you send them a receipt indicating you sent the books back, I'm sure they will return the money. Even without a receipt, I'm guessing they can track when/if you print out the shipping labels.

I'd suggest doing that before even worrying about Wells Fargo. Best to go to the merchant directly and try to resolve issues before resorting to a chargeback. Plus it can be much faster.


Title: [WA] Is there a way to report someone for pedophilia without having PHYSICAL proof, with the intention of them being fully (and fairly) investigated?

Question:
Throwaway for obvious reasons. A mother on the same block as me recently voiced her concern about the attention a middle aged  male neighbor on the same block has been giving any and all children over the past few weeks. She has 4 children and has lived in the neighborhood longer than I have with said neighbor. He is quite reclusive, RARELY ever see him outside if there is any type of adult in sight. He has a young adult child, who I have only personally seen once in over a year and a half. His child does not have a car or drive but we've been told they "work". Family member or father takes them to and from said job.

&#x200B;

As of late with the weather warming up and the children playing outside the mother, all the children, and I have noticed that the male neighbor in question only appears immediately after there are no adults in sight (or so he thinks). He gives the children cookies, candy, any type of food without asking any parents if it's okay with them. If a parent makes themselves known he disappears faster than you can blink. He is not physically active by any means (neither is his grown child who is never seen especially in daylight hours) but a couple days ago a couple shiny bicycles, and other things children are drawn to have been placed front and center in his yard. He pretends to "fix" things like yard equipment that is commonly known to have not worked in over a year at least. If a child gets a scraped knee or upset in anyway he is instantly by their side crouched down tending to them.....

&#x200B;

I know how easily a middle aged person with social issues could relate to children easier. Adults are scary, I get it. But EVERYONE is getting yuck feelings. He reeks of booze any time an adult does get near. Known to take some heavy narcotic medications. Has recently completely removed the blinds off the front windows of his house (??). As of today it also seems he is trying to give reasons to the children in any quick passing moment he can find to not trust any other adult around more than him, from a few things the kids have mentioned. The mother and I don't want to pry or accidentally coach any of the children, but from their responses (verbally defending Male neighbor, and refusal to adhere to strict rules for outside time like stay in the front of the yard you are playing in) we fear something inappropriate may have happened or is likely to happen any day without locking them up in the basements.

&#x200B;

I have a gut feeling if his computers were searched there's a HIGH chance of finding evidence of pedophilia/ child porn or something of the sort due to his lack of inhibition, and to be quite frank, pure arrogance. I'm not sure he isn't harming his adult child in any way, but they are now an adult (barely).

&#x200B;

How does one go about this situation and have it be taken very seriously? I know my instinct paired with everything we have seen is true, based on being around people like him when I was young and throughout life. I want this to be investigated thoroughly as to not let his going's on proceed, or anyone or their children being harmed in the future. Any and all legal advice welcome, I have never personally dealt with something of this magnitude.

Answer:
 While you can certainly report this to the police or to the child protection authorities, I'm not really sure how thorough a job they're going to do without a particular complaint. For example, a judge isn't going to issue a search warrant for his computer unless an officer can articulate probable cause to believe there is evidence of a crime on it,; mere suspicion or instinct doesn't equal probable cause, and "arrogant and oddly-behaving man" simply isn't so highly correlated with kiddie porn as to constitute probable cause either.

Certainly you can keep watch and keep notes, and discuss with your pediatrician or a therapist why the kids are reacting the way they are, and it is possible that this guy is known to the authorities already, in which case they may be quicker to react.


Title: Parents renting Airbnb Party Pad for Teen Debauchery.

Question:
A Northern California parent just told me his kid has asked him to chaperone a birthday party for a friend who's parents are renting him an Airbnb event space. I warned him there are probably some Social Host laws that might apply to him, the parents on the contract and even the property owner as he stated, "I'm sure the kids will be bringing alcohol, pot, pills and whatever else they do now a days." So who's liable if this party gets "busted" or if a teen is arrested for DUI leaving the party? If the party is "raided" will the teens be rounded up and cited? I'm worried this guys is getting himself into hot water and don't want my daughter to attend. If I went as her chaperone, am I putting myself into the same situation as the other dad?

UPDATE: Party cancelled before it happened. After some "discussions" (I suspect his wife found out and said, "Hell no!") he decided it wasn't a safe plan. Thanks to everyone for the great advice!

Answer:
 >If I went as her chaperone, am I putting myself into the same situation as the other dad?

You mostly certainly are. Avoid at all costs.Answer #2: Is your daughter underage? Why on earth do you think it would be a good idea to “chaperone” your daughter at a party where illegal activities are taking place?Answer #3: I'll disagree (politely !) with others who say that the renters or chaperones have a social host liability for the actions of intoxicated minors.    If they don't provide the alcohol, then California law shields them from civil liability.

California has notably lax social host liability laws.   A person who furnishes alcohol at a party to (not visibly intoxicated) adults has no civil liability for the subsequent actions of those adults.

If a person furnishes alcohol to a minor at their residence (and the AirBnB would probably qualify), California law (Civil code [Section 1714](http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=200920100AB2486&search_keywords=1714)) can make them civilly liable for the damage caused by that minor, particularly in a DUI context.   If the alcohol is sold to the minor (even a cover charge), then the law shifts to dram shop liability.

But the law focuses very sharply on who provided the alcohol.   A BYOB circumstance like this would not make the persons who furnished the premises liable.

They could still have criminal liability [for selling or "furnishing" alcohol to intoxicated adults or minors](https://www.shouselaw.com/furnishing-alcohol-minor.html).

I think that [272\(a\)](https://www.shouselaw.com/delinquency-minor.html#1) Penal Code "contributing to the delinquency of a minor" would be an unreasonable stretch, but not an impossible one.

This doesn't make OP's described part a good idea.   Many legal things are not good ideas.


Title: [Missouri] Landlord unjustly took our deposit, we sued in small claims, they hired a lawyer + threatening a counterclaim for over $5k

Question:
Hi LegalAdvice –

My girlfriend and I moved out of our apartment at the end of May of this year to move into our first house. We were model tenants, never made a late payment, or had any issues with our landlord throughout the lease. At the end of our lease, we cleaned the apartment thoroughly and documented the condition of the apartment through photos. We also kept records of every interaction with the Landlord including texts and emails.

When we specifically asked for a walk-through, we were never given the opportunity. We received an itemized list of “damages” done to the apartment about a week later with various wear and tear items, as well as items that were caused by the general neglect of the apartment by the landlord (water damage from roof leaks). The landlord took roughly $400 of our $1025 deposit. We did not cash the check, but have held onto it.

We sent a demand letter stating that we intended to take them to small claims court if they did not return our deposit in full by the end of June, giving them 2 weeks to respond. The landlord responded in the middle of July with a very nasty email. They accused us of other nonsense such as stealing a fire extinguisher that was never in the unit and telling us that “it’s the least amount we’ve ever taken from anyone’s deposit”. We submitted the paperwork the following day to small claims court naming our landlord and their LLC as the defendant.

Yesterday we received a threatening letter from their lawyer they decided to hire (over $400!!). The letter said that if we didn’t dismiss the small claims case, then they would make a counterclaim of over $5,000, effectively moving the case out of small claims and into a circuit court. Their reasoning was that we used the landlord’s name instead of their agent’s name on the small claims petition and caused her embarrassment and distress. The landlord is extremely well-funded and seems to have done this to take advantage of our lack of resources.

Is there any way to keep the case in small claims? Also, is there any way to adjust the claim to take into account additional costs and resources used to deal with their shenanigans? Is there any way to modify the small claims petition to include the agent of their LLC?

Answer:
 $5000 for embarrassment and distress because you named them as a party in good faith? That is absurd. Especially since it appears that you are suing the landlord and not the agent personally for (allegedly, of course) wrongfully refusing to return your deposit.

Look up this so-called attorney and make sure this person is in fact a licensed attorney and not a walking sanctions magnet. There are strategies to handle the counterclaims in a way to quickly seek dismissal for legal inadequacy, and potential sanctions, but they all require a lawyer.

For now, I would hang on to your small claims case and seek out an attorney if these "counterclaims" are filed. Remember that demand letters and C&D's have no legal effect. Answer #2: No essentially both parties have to agree to small claims. If one party wishes to elevate to district court, you go to district court. As it's an LLC they might actually have no choice but to hire an attorney to represent the LLC.

There counter claim is bullshit. If they want to spend more money defending themselves than paying you, that's thier choice. Both sides will still pay thier own attorneys fees.

The entire letter may be a bluff. It's cheap money to send the letter, it's more than your demand to carry it out. You could just wait and see if they make a motion to move to district court or if they show up for small claims at all.


Title: Ex-Wife Continues to Use Old Joint Bank Account. I want to close it.

Question:
We used to bank with Ally, we are 0 contact though I have attempted to reach out to her and her parents to have this issue addressed. Ally will not remove co-owners. They will not close the account if there are pending debits on the account. So, if she continues to use it there are very few opportunities where I am able to request a closure.

Yesterday I locked the debit, which she is able to remove, and had a day without pending debits. I learned the Account cannot be closed by me unless I have them send the money to my address on file or by ACH. I do not want to "steal" her money, even though it may be mine legally and Ally was more then happy to send it to me.

I want to close this account because in the prior 6 months she had a period where she frequently overdrafted, making me realize that she still could effect me financially. On one such overdraft letter the bank had issued a second request for payment of the overdraft prior to reporting the issue to the Chex System. She appears to be better now, but I just want all ties to be eliminated.

Getting a divorce was easier then closing this Ally account. Not really sure how to proceed.

Answer:
 Have Ally send you the money.  If some of it belongs to your ex, send it via money order to her parents' address.

She will wreck your ability to open a new bank account and potentially your credit rating so quit being so nice when she clear doesn't give a damn.Answer #2: Close the account, and have them send you the money. Warn the parents that you are doing so, and inform them that you will forward the money as soon as you receive it. Do not otherwise engage with them (unless of course you are served for any reason, then you must respond).Answer #3: Why wasn't this account addressed in the divorce?

Most legal advice is to file a Mtn in the divorce court to seek resolution of this account.

Send her a certfied letter of your intentions to close the account and forward the money. Once you confirm she is in reciept of your plans only then would I feel safe doing so


Title: [IN] Can I sue a puppy (mill) breeder?

Question: [deleted]

Answer:
 IANAL, I'm a vet. Even if you had a case, all that would be covered would be the fair market value of your puppy (and not unlimited vet expenses), which may or may not be a whole lot. However, considering you specifically signed a contract absolving the seller of all responsibility, essentially buying the dog as-is, chances are you're out of luck. *Let the buyer beware*, as they say.

On a general note, it is not illegal to breed dogs commercially. The fact that you don't like it is no base for legal action. If you dislike your state's laws, lobby your congress/assembly critter to change them.


Title: [AL] Sister’s dog and her neighbor’s dog got into a fight. Sister’s dog killed neighbor’s.

Question:
[removed]
Topic:
Other Civil Matters

Answer:
 Dog will be put down.

She will have to pay vet bills and cost to replace the dead dog.

Leash laws if you have them.

Cruelty to animals possibly.

She may be looking into lawyer territory.


Title: Police took my phone

Question: I was involved in a situation where I was the victim of a "robbery". The person who robbed me called the cops on me out of fear, the police came, learned what actually happened, and they left with my phone. I was not arrested and they did not have a warrant. I haven't heard anything since and I need my phone, so I was just want to know my rights before I go to the police station to try to retrieve it. This happened in PA

Answer:
 The way you word your post makes me think that you're the one who actually committed a felony. If this is the case, you should not talk to the police at all without an attorney.

The police are allowed to seize your phone for safeguarding while they're in the process of getting a warrant, but they can't search your phone or just hold it indefinitely without getting a search warrant. If in fact you were the victim of a crime, you can go down to the police station and ask about it.
Answer #2: You can contact the police about getting your phone back. If it has been seized as evidence in an ongoing investigation, don't expect them to turn it over anytime soon.


Title: Voluntarily under employed

Question: What does one need to prove an ex-wife is voluntarily under employed in Washington state? She has been a bank teller for the last 19 years and has not advanced in her career.

Answer:
 Lack of a raise doesn't equate to underemployment.

How do you know she hasn't had a raise? And why does it matter? And why do you care? More context, OP.


Title: Wildlife Permissions Question

Question: I work at a camp in Texas and the large majority of our groups are schools going through our science program. A new educational program designed by a number of different organizations has just been released and we are a certified location to teach a number of their classes. One of the courses has the kids capturing a number of aquatic insects and small fish to take back to their schools to make an aquarium that they can study over the course of the year. I noticed that the state parks that are also certified cites of this program do not list this class as one they offer, and I wanted to know what laws pertain to the removal/capture of animals from certain types of land. We rent the land we are on from the Army Corps of Engineers and I believe we are considered to be a wildlife preserve. Would it be against the law to allow others to take these animals off site? Where could I find information about laws pertaining to this?

Answer: Yes, this would be many federal violations. First, you need to know the actual designation, and thus what laws govern - this would be a form of poaching (if no permission), just need to know who's laws cover.


Title: Sources for understanding FMLA for men vs women in Virginia

Question:
My wife is due with our second child in July and when we tried to schedule my time off for my first child's birth we hit multiple problems.

I work in healthcare and with our last birth I was required to schedule the two weeks I wanted to take off based on my wife's expected date and she was 10 days late.  I ended up having to return very shortly afterwards and because I was required to schedule my time off, I was not able to keep working up until the birth and ran short of PTO shortly after she delivered.

When pregnant female colleagues are past their due date, they have been allowed to keep working even if there is little or no work and then initiate their PTO and FMLA once they go into labor.

I wasn't sure who to speak to about this discrepancy which seems possibly discriminatory.  I really enjoy my job but want to be able to take more appropriate time off this time around and want to be informed before discussing this issue with my managers.

Answer: Did you actually submit the FMLA certification to your employer? Did it state you needed to help take care of your wife? Because taking care of a family member with a serious medical condition ( in this case pregnancy or recovering from delivery) is the same no matter your gender.  Or were you asking for time off for bonding? because the rules for that are a little different.


Title: [US, PA] Child's mother wants to move across country

Question:
I'm in a really difficult situation. I have a young child (not yet in school) with my ex-girlfriend. I've never been married. My name is on the child's birth certificate and he has my last name. I work and go to school full time, but I see my child every weekend and often once during the week as well.

The mother informed me that she is moving across the country (her current boyfriend is from that area) within a year and taking the child with her. I am in school and live with my parents since I am unable to afford rent with my part time job (I prefer to go to school full-time and work part-time instead of vise-versa).

I don't mind moving and living out there, but I can't do it right now. My support network is here (family), my job is here (including networking from past jobs), and I have 2 years left of school. It will cost at least a thousand dollars, probably more, to move out there and get an apartment. I have nothing saved - only debt I've been paying off.

I guess my options are:

* Drop out of school and move, hoping to get a job there.
* I stay here, and let them move - not seeing my child (she said I can "fly out there" but fuck paying for flights every weekend?)
* I get a lawyer and stop her from leaving.

I guess my question is...can I do the last one? We have never been married..I don't even know what my legal rights are regarding my child, to be honest.
Topic:
Custody Divorce and Family

Answer: Go to court and get a custody order. That's what you can do. Without orders she can do what she wants. Yes, you can stop her from moving. She would need a judge to approve. And "because my boyfriend wants to move" is not generally a good reason.


Title: Is it illegal to park in the expectant mothers spot if you're not one? Can you be fined for it? Can your car be towed? [ON, Canada]

Answer: Might not be "illegal", but you'd still be a douche.


Title: Is my employer allow wed to take away 15 minutes of my pay if I arrive 1 minute late?

Question:
I Live in Quebec Canada and I'm affiliated with an employment agency
Topic:
Canada

Answer: Rounding your time is allowed, but only if it is done consistently and isn't set up to benefit the employer. Usually, this is done in situations where 8:08 becomes 8:15, only if 4:08 becomes 4:15. It becomes questionable when 8:02 becomes 8:15 but I think it would still be allowed if 4:02 becomes 4:15. But yeah, if 8:02 becomes 8:15 and 4:02 becomes 4:00, then the employer can't do that. You can file a wage claim for your lost time.


Title: Can my boss legally confiscate my car keys for no good reason?

Question:
I work at a grocery store and I have a very abusive manager. Anyways some customer found a container of seafood in the parking lot for $6.87. Not much right? Well the customer brought it to the cashier and he brought it to me and I brought it to the manager wondering what I should do with it. He told me to put it in the back cooler and hold it there in case someone calls the store that they forgot it. He then told me to give him my car keys, to make sure i am unable to leave without throwing it away. I initially refused but he kept pushing it and essentially bullied me out of my keys and put them in the safe for the shift (note i am still a minor and the car is in my mom's if this makes a difference or not). I plan on complaining the the owner regardless of this being legal or not, and if he isn't reprimanded i'm getting myself a new job.

Topic:
Employment Law

Answer:
 No, your boss can't take your personal property. Answer #2: No they cant do that. I worked at a grocery store a few years ago and was your same age, I know it's hard and the lifers tend to walk over young people all the time.

I would of told the boss to go fuck themselves and walked out if that happened to me.

Edit - Call HR, that's like the equivalent of God while working at a grocery store (if it's not a union company) they'll start freaking out and turn into a completely different person, even if you just mention it. Everyones so so afraid of those 2 letters lol


Title: Custodial parent seeking to file a motion for sole custody.

Question:
South Carolina

I (dad) have my two teenage boys four days a week. My ex (mom) has them for the other three. She had an affair with her boss and our divorce was finalized this past January. She is now engaged to her boss and is wanting to move in with him before they get married. My older son (16) wants to live with me full time and younger (13) doesn't want anything to do with my ex's fiance. I can no longer afford my attorney. I think I can prove this constitutes a major change in circumstances and that it would be in my boy's best interest to be with me. Do I have a good chance of filing a motion on my own and getting my boys full time?

Edit: I forgot to mention that our divorce settlement has a restraining order keeping her fiance from having any contact with my boys. Their plan is to live together during the four days that the boys are with me and he will be in an apartment  for three days when they come over. I don't think that'll last long. My issue is my sons staying in a house owned by the man their mother had an affair with. I don't want to separate my boys either.

Answer: I doubt you win this without a lawyer and hefty legal fees.  The "restraining order" won't be upheld.


Title: [VA] Gas lines in my apartment complex have been off for a week and we have yet to receive any news on when the gas will be back on or why it's even off.

Question:
So on Tuesday last week we got a notice on our door that the maintenance would be coming in the following day to turn off all of our gas appliances, which is basically everything in our apartment minus hot water. We have no stove, heat, or laundry.

The day that it was cut off the maintenance guys said that the gas should be back on by the end of the day, however when we got home from work that night the gas was still off and it has yet to come back on 5 days later. The only update that we've gotten from the leasing office and maintenance is that they're working on two other buildings, not even one of mine as there are 6 that are affected by this, but that even those two are still not back on and they're not sure when they will be yet, but that it would hopefully be some time next week. Then they mentioned that they had absolutely no idea when the other 4 buildings would be back on.

I'm really unsure what to do about this. It's fucking freezing in my apartment. Luckily this winter has been pretty mild so it's just in the high 40s to low 50s in here, but that's still crazy cold and pretty uncomfortable to live in. They did give us a tiny space heater to try and make up for it, but, apart from sucking a crazy amount of electricity to run the thing, it barely heats a single room.

Possibly even a bigger issue, our stove is off as well which means that we're spending twice as much or more on food since we can't cook at home. Our clothes dryers are also not working so doing laundry involves either finding somewhere in the apartment to have everything up or going somewhere else to do laundry.

How long can they really keep us in the dark with our heat off in the middle of the winter?

Answer:
 If you have renters insurance you may want to contact them about paying for a hotel for the remainder of the time your apartment is without heat. I think they should be able to get reimbursement from your management.

You probably want to talk to an attorney about filing a tenant's assertion. It is absolutely unacceptable to have no heat in a unit for that period of time. Part of your assertion will need to cover your expense for food. You will need to provide receipts for the extra food you have had to purchase as well. Also, same thing for laundry. If you have to pay for laundry somewhere, keep those receipts.Answer #2: I would recommend calling the city housing inspector.  Call city Hall and ask them who is in charge of inspecting apartments/apartment violations/etc; they should be able to direct you to the right place.

My wife had a similar problem a few years ago.  Rental office gave them the run around for two weeks.  Finally she called the housing inspector.  Literally within an hour of hanging up the phone after talking to him, workers were in her apartment fixing the heater, setting up space heaters, and apologizing profusely.

It's all about finding the right person to talk to.  If it's a fire hazard, the fire marshal is your man.  For habitability issues like this, it's your housing inspector.  The threat of getting their rental licenses revoked or their building condemned, even temporarily, is likely to get some action and answers faster than an attorney.


Title: [TX] Friend's Car was stolen and totaled, Lawyer of other totaled car is suing.

Question:
So my friend recently sold his car to a coworker, (Dec. 5th I believe) and the car was stolen then totaled along with another vehicle. My friend found out about the incident through the coworker, but the lawyer of the other totaled car is suing my friend because the car is under his name. He has a poorly written signed contract of when he signed the title over but the actual title is gone with the car.
Topic:
Contracts

Answer:
 Your friend should 1) Tell the co-worker about the suit.  2) Contact his own auto insurance company and explain the situation. 3) Contact the co-worker's auto insurance company and explain the situation.

Hopefully through that process he will get a lawyer.  He can then give that lawyer the bad contract.

 This is a dangerous situation because Friend might have cancelled insurance on the car when he "sold it."  So his company might deny the claim.  Co-worker might not have had insurance, or their insurance might not want to defend Friend, because he wasn't their policy holder.

It can probably be sorted out assuming Co-worker agrees he bought the car and got insurance.  Then Friend could probably just send a copy of the crappy contract to lawyer, and Co-worker's lawyer, and they will agree the Co-worker is the one they really want to sue.

Worst case, Friend needs to pay his own lawyer to defend him on the grounds that he didn't own the car.


Title: My sister may have contracted Hepatitis C from a hospital via a dirty needle, according to the letter the hospital just sent us. They want her to come in and get tested. What do we do if she is positive? Hepatitis C is what killed my grandpa.

Question:
Location: Utah.

Edit: According to my father, he took her to the ER a year ago, and they just barely contacted him now. Apparently, a nurse who worked at the hospital had Hepatitis C was either injecting hospital drugs or something else. I think I read somewhere online about that. She apparently may have used the needle on other patients. Hundreds of people are going in to get tested.

Unfortunately, it was said to us by a different clinic that they can't do a Hep C test without our doctor's approval, so we had no choice but to return to the same hospital. They did the test free of charge. It was very quick.

I contacted a lawyer about the matter. He said dozens of people have called in about the matter, and that he urges them to go get tested. He says it's likely they'll be treated, but he wants everyone to call back with their doctor's medical recommendations for treatment.

My sister is 14, and she got tested today. We'll know something soon. If she isn't positive, no action is required, legally. If she is, the lawyer recommends calling back.

I will update the status here when test results come back.

Answer:
 She needs to go get tested.

HepC is often curable now due to a new drug.Answer #2: Get her tested somewhere else, keep all the papers from the hospital, and don't sign anything they sent her until you've consulted a lawyer. Answer #3: She should get tested, then get a lawyer. Be *VERY* careful about what she signs. In fact, I'd go get tested elsewhere. Planned Parenthood does HepC tests for little to no money, and I'm sure there are many other options out there as well.


Title: Is it illegal to expose the "other woman"?

Question:
The situation is that the husband cheated on the wife. Repeatedly. She even walked in on them. She has filed for divorce. They have been married for <2 years.

Now, my legal dilemma: is it illegal to tell the "other woman's" family that she ruined a marriage, is a home wrecker, etc.? Through a deactivated Facebook account or something.

I am a third party. The wife wants people to know she destroyed a marriage and family. It's petty, but I know she's angry. I'm just asking if there are legal repercussions for messaging her family and telling them how awful of a person she is.

Answer: As a third party I’d run away from getting tangled up in this. The wife wants to reveal how “she” wrecked a marriage. As if the husband had no responsibility in it!Answer #2: If it’s a true fact or it’s opinion then it’s not defamation, but that doesn’t mean you can’t be sued and forced to pay significant legal fees to defend a case.Answer #3: Why would you get involved with something that legitimately has nothing to do with you anyways?


Title: How is stuff like Shota/Lolicon not illegal under 18 U.S. Code § 1466A?

Question:
I would assume this would make it so stuff like /b/ on 4chan couldn't exist in the United States, but it does. I'm not honestly sure if it criminalizes possession if the person has no desire to distribute, but perhaps merely downloading the image constitutes as "produces"?

&#x200B;

Link to 18 U.S. Code § 1466A is [here](https://www.law.cornell.edu/uscode/text/18/1466A).

Answer: Because for that law to apply it would have to depict either a minor or a person who appears to be a minor. This is not applicable being that no people are depicted. They're drawings (and not even photorealistic drawings) and figments of an artist's imagination, and therefore legal.Answer #2: Because [the Supreme Court](https://en.wikipedia.org/wiki/Ashcroft_v._Free_Speech_Coalition) said that the statute violated free speech.


Title: I had a drug provoked seizure and may lose my license

Question:
Last week I was in Missouri and experienced a seizure due to an overdose of Tramadol. It was not prescribed to me. I was taken to the ER via an ambulance and the doctor said that she was going to put a 3 month suspension on my license, but i checked online today and my license is still eligible and i have not received anything from the DMV.

I am actually not a resident of Missouri, I live in Texas and my driver's license was also issued in Texas. I've done some research online and many people say that most states require you to report the seizure to the DMV yourself. Does anyone know if my license will really be suspended? I am getting an EEG tomorrow, will the neurologist be able to tell the DMV that i am not at risk of another seizure?

Answer: You had a seizure because you abused drugs not prescribed to you? That sounds like a DUI/DWI issue. Are you prone to seizures in general?


Title: Is it legal to not allow daycare employees to start work when they were scheduled?

Question:
I live in New Jersey and I've been a teacher at a private daycare for the last 3 years. It's a corporately run place with 3 branches. Daycares have to maintain a state regulated staff to children ratio depending on age of the children. As the ratio drops towards the end of the day, the daycare sends employees home, usually earlier than scheduled, to save money. I've worked for 3 different daycares and this seems to be a common practice. But recently, my current workplace has taken this to a new level. Now in the morning, they are having employees show up as scheduled and they aren't putting them on the clock until there are enough kids to need them. So they show up to work and are standing around waiting to start working, not being paid. It happens just about every day now to most of us. There's been days where some of us haven't started until a full hour after we arrived. Some have even shown up and were told to go home and come back later. Is this legal?? Is there anything we can do about this?
Topic:
Labor Law

Answer:
 That's textbook engaged to wait. You couldn't find a better example of engaged to wait if you tried. The time absolutely must be paid, no question.Answer #2: > Is this legal??

Almost certainly not. Sounds like being "engaged to wait" under FLSA and they should be paid for the time they are required to be there.

>Is there anything we can do about this?

Look for another job and contact your state department of labor.


Question:
What if the 2020 election is found to be fraudulent?

First off, I am a centrist Brit who’s just curious, not some radical nutter, I believe the election was legitimate.

But let’s just say that somehow it comes to light that there was widespread voter fraud in the 2020 election and that Trump might have won?

What would happen? Would trump automatically win? Can congress trigger a snap election? Is there any way trump can get into the White House before 2024?

Answer: There is literally no mechanism in the Constitution for this. Once the electoral votes are certified and the president sworn in its over. Even if undeniable evidence was found it would trigger a major crisis because there is no procedure to address something like that in our current system.Answer #2: How and by who? The damn thing has already been scrutinized to the Nth degree and nobody has found any fraud except a couple of ballots here and there that weren't even enough to move the needle. Even that cringeworthy GOP-driven "audit" in Arizona turned up more votes for Biden than originally counted.


Title: cancelling a timeshare

Question:
sharks in MX (but based out of CA) got me. thought i had a good deal after bringing it down and going through a school of sharks.

got home, read reviews and more on timeshares in general. think its decent deal if i wanted to continue to go back to the same spot or bother exchanging/selling timeshares but its not an investment. i didn't know they had tigers in tiny cages either :( could write a dozen things i didn't like too.

re-read the contract and researched on cancelling a timeshare. besides having 7 day rescinding/rescission in CA which the resort's business HQ is located as well, I found the following in the membership purchase and security agreement contract:

> Cancellation. Period in which the member may cancel this contract without prejudice in payments. That period cannot be more than five working days, counting from the next business day to the contract signing day. The refund of the total initial investment shall be done no later than fifteen working days after the cancellation contract date. Cancellation must be made by writing in the same place which operation has been made or at the address of the supplier or intermediary provider or representative of the company or in the email specified in the contract by the provider or intermediary or by the means described in law, in accordance with the provisions in paragraph 5.5.14 of NOM-029-SCFI-2010

today is only the third business day since after the signing itself (signed on 1/2/15 and sent cancellation on 1/7/15). immediately wrote the letter, emailed and faxed it to them. got a reply with *"I forward your email requesting to cancel your membership."* a few hours later.

is there anything i'm missing? did i just get lucky on timing on cancelling? i'm guessing i'll get calls from the sharks to not cancel but not falling for it. anyone else gone through the same experience?

thanks!

update:

- sent a physical document with the cancellation request.
- got a reply via email to confirm continuing the cancellation process as i do fall in recessionary time frame after being let known the difference I will be getting back from my down payment (which i'm perfectly okay with)
- asked for an official confirmation of the cancellation 10 minutes after the above.

thanks everyone for their advise!

Answer: Yea, call every 10 minutes until it's officially cancelled.  These places are notorious for "losing" your cancellation notice until the 5 days is past. You have to stay on top of them. Be prepared for them to fight you for it, they're going to try to annoy you into finally accepting the contract.  Keep that email that says they forwarded it, save it, print it 10 times and put it in 10 different places, forward it to another email address.  That email with the timestamp on it is proof that you cancelled it within 3 days like the contract stipulates.


Question:
I was a witness for the defence, but moved out of state before trial. I waited over a year for the trial or a settlement to occur, but it never came.

Now I'm getting interviews for jobs, and the defence attorney calls me and  asks me if I can be present and available in 3-4 weeks.

I emailed him, asked if the testimony I gave to his investigator can be used or if I could give a video testimony. He replies saying that the testimony I gave was hearsay, and that videos aren't allowed in the state of California.

My initial research suggests that it should be possible to give a video deposition.

What's my course of action here?

Answer: Unless you were issued a subpoena by a court, you are not required to be there in person.


Title: Boss is telling me I have to work 40 hours or take 40 hours PTO. No other options?

Question:
Hello,

I work as a life skills coach full time at a local company. I am paid by the hour, and generally work 40 hour weeks. Next week my certification to pass medications expires, and because of that, I wont be able to work my normal schedule. My boss has told me my only two options are either to use all my saved 40 hours of PTO or to work during the day, which I cant because I have another job.

I told her I was ok with not taking any hours that week and would expect no paycheck, however she tells me I HAVE to choose one of her two options. Is this legal? I never signed a contract saying I would always meet 40 hours when I started wih the company, and id really rather not use all my vacation time for this.

Thanks for any help!

Answer: No you are not legally required to pick only one or the other. But she also isn't legally required to keep employing you.


Title: Internet Blackmail

Question: My friend just got to my house and said he was online with a girl and she recorded him and her masturbating and is threatening him for 2500 dollars. Can she actually send that video to his family members without legal repercussions? How can you fight against this? He said she was in France

Answer:
 She doesn't exist.

She's a dude in some other country that either doesn't criminalize this/have extradition or simply doesn't care/have the budget to pursue this.

He can pay her forever or he can risk that people he knows see his dick. I know which one I'd pick.

Pro-tip: No one wants to randomly see a dude jacking it. And even if they did, that's already like 1/8th of the internet.


Title: [California] Looking for free online resources to find comparable damage awards for cases similar to mine so I can prepare a crowdfunding prospectus.

Question:
My family is bringing a wrongful death suit against a number of entities in the State of California including the state itself, Child Protective Services, Family Court, a couple of police departments, some court appointed "experts" (730 evaluators), etc...

Long story short - corruption and systemic problems resulted in the death of a child.  They all played a hand.

The cost of this litigation is expensive.  While we have a world class lawyer leading it, I would like to try to raise some money to cover expenses.  We have a trial date in 2/2018 and so far the suit has been going well but we are but one plaintiff suing 14 defendants and the out of pocket expenses have become more than we can handle.

There are some crowdfunding websites and some new startup companies that allow individuals to invest (buy shares in) in your case in return for a fraction of the final awards.  I am trying to estimate the potential value of this case as if it were any speculative business venture.

Each defendant has insurance up to some $ amount - those are easy.  We might assume a potential recovery from that defendant somewhere between $0 and the upper limit of their insurance.  For instance, one police department we are suing carries insurance coverage up to $X million.

However, some of our defendants are government agencies with no insurance (self insured they like to call it) - basically if we win the tax payers are going to pay the bill.  Great - what I am looking for is what these entities or entities like them (say any other county of California) has paid out in the past in similar circumstances.

I don't have any trouble locating cases through the news - but they tend to cover the filing - not the conclusion and I'm not sure where to look to find out what the final damages awarded were.

Any pointers to a resource to help me determine the potential value of my case so I can prepare an investor's prospectus would be much appreciated.

Answer:
 There is no such database.  First, each case is different - even other cases with the same torts or fact pattern are going to result in very different answers.  Second, without a full rendering of all the facts, you can't begin to guess which agency or agencies are going to be partially or fully liable, what the final damages will be, what the final split of liability will be, et cetera et cetera.

Finally, there's no easy place to go to and just look at damages.  You can try going through court records and counting them yourself, or searching databases from organizations that keep them themselves.  That's not likely to give you a good read, as they won't track the many, many cases that are dismissed or removed.


Title: Car Hopping/Not Directly Involved/Ruined my Life?

Question: [deleted]

Answer:
 1. You DID commit a crime
2. Get a lawyer....yesterday
3. Deal with your drinking
4. Get better friends....yesterday


Title: Lawyer missed court date, case has now been dropped.

Question:
My current boyfriend is going through a big of troubles. His previous girlfriend and him dated for 4ish years. She had managed to clear his savings and rack up thousands of dollars in CC debt. Long story short, his parents gave him money to pay off his CC but his saving was kept dry. They have been trying to sue her and take her to small claims for the last 4 years.

Their lawyer is obviously terrible at his job as this has taken WAY to long to figure out. They're willing to settle for 10K, as opposed to the 20 plus thousands of dollars she has stolen. Well, apparently my boyfriends dad was the one who was mostly in contact with the lawyer. Reminding the lawyer or court dates and deadlines. Well, he passed away in February and reminding the lawyer about an upcoming court date was missed. Why the client has to remind the lawyer of a court date is beyond me. Now, I guess the courts have dropped the case and because of the Statue of Limitations (or something that I don't understand) the lawyer said that it's been too long and the should just not worry about it any more.

Now they're out more money from this shitty lawyer and we are trying to figure out what the next steps should be, if there are any.

Can they find a new lawyer to sue the old lawyer? Is he pretty much screwed on getting any money back from his ex?

If anybody can lead me in the right direction, I'd be forever grateful. Thank you!

Answer: Contact your state bar association.Answer #2: Wisconsin's statute of limitations for civil suits for fraud is 6 years, so whatever lawyer told you it's already run out was lying. Find a new lawyer to help you take care of this.


Title: Left a negative review for a company, now they're suing me.

Question:
That about sums it up. To start off, I'm in my 20's and going to school in Utah and don't have a lot of money.
They've threatened to sue people before but never actually went through with it, and they're actually such a shitty/shady company that everyone I know that worked there scoffed at the idea of them trying to take someone to court. But apparently what I did was important enough for them to put some money into it.

Basically what happened was I worked for this company for about a year. After nearly a year had passed of me working there, I found something else and quit as I was sick of all the crap. I didn't burn any bridges or anything like that, politely told my immediate supervisors why I was leaving and all my reasons for leaving, and that was it.

Their Google reviews (or their reviews in general) are rather inflated. They basically bribe their customers into leaving good reviews for them, and none of the negative reviews sounded competent in any way. So I decided to leave one. In the review I talked about my experience working for the company; how I was treated, how they treated their customers and their other employees, some of their shady (but not secret) business practices, stupid stuff the managers did, etc. None of what I said was false or defamatory, although that's what they're claiming. They also think that someone who posted a negative (yet childish) review prior to the one I posted was me using an alias. This is false.

I have a couple friends that worked for that company with me. One of my friends was there for more than a year before I was hired on. He never enjoyed his experience there and felt he was treated unfairly and constantly talked about leaving. He was just recently fired, which I'll get into in a second. The other friend that worked there only worked there for a few months before he quit. I referred both of my friends to the company I went to. Only one of them was hired. He put in his two weeks, but they told him to just make that his last day. The company that is suing me just recently fired the friend that has worked there the longest for deleting the other friend's user account on the company's workstation (not with the intent to hide information, just so that the next person to use the computer doesn't have access to any of his personal information.) He's done this several times before for other people. That was their official reasoning, but they *actually* fired him because he agreed with my review.

When they fired him, we all knew what was up. They wanted to snoop on the other's account to get more information about us and see what we were saying in our private, personal Hangouts chats. Which they eventually did anyway. The legal documents they served me with has screenshots of me bad-mouthing the company to both of them, but nothing that proves that I purposefully went out of my way to cause them harm. (Is that legal, by the way?)

Here's what they want:

* Enjoining me from soliciting any employees for 12 months, requiring me to return all confidential and proprietary trade secret information, enjoining me from using and disclosing all confidential and proprietary trade secret information, requiring me to delete all posts on the internet that I've published that are in any way related to them, and enjoining me from making any further statements that are defamatory/false/negative in any way to the company.

* Requiring me to return all confidential and proprietary trade secret information to the company and for a pre-judgment writ of replevin requiring the sheriff or constable to take the information into their possession.

* An award of actual, exemplary, and punitive damages to the extent permitted by law or to be proven at the trial (specifically that of which was supposedly caused by my review and me referring their other employees to another company).

* An award of their attorneys' fees and costs incurred.

So first off, I don't have any physical possession of any confidential or trade secret information. I don't know what they want from me there.
Second, I specifically stated in my review that I wanted the review to be concise and honest, and that if anyone had a problem with it they could contact me and I would be willing to discuss it. My former manager did, and after a lengthy conversation, he told me not to edit it or take it down and that he realized that everyone had overreacted to it. Now they're suing me over it.
Third, how the **fuck** can they prove how much money I lost them through my review and/or referring other employees to work somewhere else?
Fourth, yeah I don't have that kind of money.

And I guess my biggest question is, what should I do? My uncle is a lawyer and he told me this is serious and that I should call the law firm on Monday and see what they want to make this whole thing go away. I personally would like to fight it because I don't think that the evidence they provided could hold up in court. I mean, if a good portion of the things they're accusing me of is false, how can it? But I don't know how much that would cost me.

Advice?

Edit: I know for certain the company has call recordings PROVING that the things I said were true, despite them saying that what I said was false. Would this change anything?
Topic:
Employment Law

Answer:
 Your uncle is right. You will need a lawyer.

As for the case, it sounds like a BS lawsuit. It sounds like they are trying to intimidate you into doing what they want. Defenses to defamation include truth and opinion. So as long you did not flat out lie in your review you are not guilty of any sort of defamation.

You will need to return all company property to them.


Title: Is it legal/allowed to wear a Wehrmacht uniform without it's insignia?

Question:
serious question, I absolutely loved their style of clothing, but I wonder if it's legal and/or allowed to wear a Wehrmacht uniform (say the tunic) without it's insignia. (So no swastika's/SS related insignia).

I'm new to this sub, and not sure if this is the right place to ask. And if it isn't please do correct me.

Answer:
 Wear it in **what country**?

It's not illegal to wear that uniform in the US even *with* the insignia.


Title: Sold my car in February, new owner never signed over the tags, now 'I' have parking tickets in my name

Question:
Morning! I apologize for the incoming wall of text. For reference, I'm in the state of Ohio.

So, as per the title, I sold my previous car to a stranger on Craigslist. He paid cash, and due to an error on the previous title in my possession, the two of us went to the county title clerk to purchase a new one.

After receiving the new title, in the presence of the clerk, I signed the title and then officially signed it over to the buyer, who also signed the title as the official buyer and was given temp tags. At that point, I asked the clerk if there were any other legal steps I needed to take to complete the transaction, and I was told that everything was satisfactory.

Then, about nine days ago, I received a letter in the mail from my local police department, sent to my previous address rather than my current one - it was only forwarded because my mail person knew my name and knew where I had moved. I have gone through the process with my county of updatiing my address several times - for my driver's license, my concealed-carry license, my job application to the Sheriff's Office, etc. Every piece of identification I own with the exception of my motorcycle's title holds my correct address. The letter informed me of unpaid parking tickets, and warned of possible seizure and impounding of my vehicle. On investigation of the letter, I found that the tickets were for the vehicle I had sold - the license plate number being different from my current vehicle's plates was a big giveaway.

After calling the PD to figure out where to go, I went to the county traffic office to try to schedule a hearing so I could contest the tickets. While there I was informed that the tickets were being paid, so there was no reason to schedule a hearing. I was then directed to the title clerk's office once again.

At the title clerk's office, I explained the situation, and I was told that the buyer had never bothered to get new plates at the BMV, meaning that technically the car was still mine, and therefore the tickets were in my name. When I explained that I'd sold it in the presence of a county clerk, and that the county clerk had *witnessed, signed, and notarized the title in front of me,* I was told that unfortunately since I'd had to purchase a corrected title, there was no record of the transaction. When this was said to me, the signed and notarized title in question was sitting next to the clerk, and when I asked to see the buyer's name and information so I could get in touch with him, she moved it out of my sight.

I asked what I had to do to remove my responsibility for a vehicle that I neither own nor drive, and the clerk told me that the only possible recourse was to request the title be changed to a junk title, which would essentially make the vehicle a dead man walking for any cop that found it. However, since the car isn't mine...

After that, she told me she couldn't help me and send me on my way.

I'm confused and extremely frustrated that I'm being punished for the actions of the idiot that bought the vehicle, especially since I provided proof that I don't live at the address reported in the tickets and since I, you know, literally signed over the title through the official process.

They've told me that to contest the issue I need to provide a notarized bill of sale (which I never got since it was a private transaction), the vehicle's title (which I don't have), proof of change of address (which I do have, since it proves that I moved before I ever sold the car, but they told me they wouldn't accept), and so on.

I'm a little freaked by the whole situation. I've never even been pulled over before, but I have unpaid parking tickets in my name from some jackwagon that decided he didn't want to follow the law.

So I guess my question is, what the *hell* do I do? Every law-involved person I've talked to - my state trooper brother, my lawyer mom, my lawyer friends, etc. - have said that the situation makes no sense whatsoever.

I'm now a county employee, and getting arrested over some jackoff's parking ticket will certainly get me fired, and I *really* don't want to get fired. Or go to jail, for that matter.

Any advice you can give would be greatly appreciated, thank you!

tl;dr H E L P

Answer: Have a sitdown with a traffic attorney. Sometimes you just need a lawyer in your court to get through all the red tape and finally get something done about it. It'll likely cost some money but better that than paying absurd towing fees if they decide to impound your current vehicle and the mess that will result.Answer #2: That's terrible. Based on this comment, it looks like you should've kept the plates: https://www.reddit.com/r/Columbus/comments/3trepc/do_i_keep_the_plates_when_selling_a_car_in_ohio/cx8n1j7


Title: If you find a bug (unauthorized recording device) in your home, can you get in trouble for destroying it?

Question:
I'm curious if it's there both legally from a warrant (or whatever they need to legally bug a private residence), and illegally planted.

Like, if it's government property, can they come after you for destroying government property?

Answer:
 Would be fun to intentionally mislead them with conversations using code words and long strings of random numbers.

See if you can find conversations in exotic languages and play them.

“After 330 hours of research and hiring a translator at great expense we discovered they were reciting pi to a hundred digits.

“They seem to have recited certain digits incorrectly so we are attempting to decode those patterns.”


Title: [NORWAY Østfold] Is it legal to reject referrals for psychiatric help?

Question:
This is gonna be a long one, feel free to skip to the TL;DR.

I don't know where to turn with this, so I'm trying here. I'm a woman in my thirties living in Norway with mental health problems. I've been trying to seek help for the past six months with several rejections and I wonder if anyone can tell me if there is something I can do to get help here.

In November 2013 I tried to commit suicide. For 1.5 years after that I received one-on-one therapy sessions where I was diagnosed with Avoidant Personality Disorder. The therapy was concluded in July 2015 because the therapist felt we had gotten as far as we were going to get in my current situation. I was put into group therapy in late October the same year and while I tried my best for 6 weeks I ultimately failed at completing the 'course'.

Since then I was in a work placement program for approximately 1 year. I started struggling with attendance after about 6 months and after several bouts of depression and suicidal tendencies I was committed to a clinic in January 2017 and concluded from the work placement.

I was in the clinic for a total of 10 days. The first therapist I spoke to at the hospital I was at first talked about thinking I would benefit from trauma therapy. It was also mentioned that I could get assistance at home to help me keep things neat and tidy as I find myself unable to keep on top of housework myself. Once I was transferred to a clinic all that was talked about was me returning to work placement. I was concluded there once I was released from the clinic, so that never happened. The psychiatrist at the clinic referred me to an in-house program where you're in the clinic for 6 weeks receiving cognitive treatment, going home in the weekends.

I never received any follow-up calls or check ups from the clinic after being discharged. I was rejected from the in-house treatment because they felt I needed more individual therapy and further progress.

Since I was discharged, my GP/doctor has been helping me send referrals to various psychiatric institutions. I was rejected from the district psychiatric clinic (DPS) in both Indre Østfold and Akershus based on something my former therapist wrote in my file: that I would likely not benefit from further treatment.

Two private psychiatrists have also been attempted but have received either rejection or no response.

Two years have passed since I was in active treatment and my psyche is in a much worse state than it was after 1.5 years of steady treatment. I've gone through painful things and continue to go through painful mental things that I need help to handle. I am desperate for a therapist to talk to, to help set my head straight. At this stage I'm in such a deep depression that I barely can get out of bed. Nothing is enjoyable. I go through the day only so that I can sleep again. Sleep is the only peace I know.

Now, my question is whether there is anything I can do to make that statement either stricken from my record or asked to be disregarded? This one thing seems to keep me from getting the help I seriously need and I'm just really terrified of my future if this continues. Is there ANYTHING I can do to get help based on only my current situation? Is it legally sound to reject my referrals based on a two year old assessment?

TL;DR: I struggle with mental health issues including depression and recurring suicidal thoughts. A former shrink has written in my records that she doesn't think I will benefit from more treatment and now I'm being rejected for treatment everywhere I turn. What can I do?

Answer:
 NAL

Present yourself at your local hospital and tell them you are having suicidal thoughts. You should be admitted, and as part of your care your current mental health will be reassessed.


Title: [CA] I rear-ended someone on the freeway that cut me off. Who is responsible?

Question:
I haven't been able to put all the details together as I bumped my head in the accident, but here are the initial claims:

* Other party (a woman with a passenger and a dog) was driving 55mph in the fast lane.
* I rear-ended her after a very brief (1-2 seconds) of braking. I was likely traveling around 70mph when I began braking.
* I believe she had pulled in front of me ~100 feet in front of the scene of the accident, but I really don't know where the car came from... I didn't see it (likely a reason for this being my fault?)
* I feel like I had been driving reasonably; not tip-top vigilance, but at least not texting while driving. Perhaps I had been looking in the rear-view mirror when she pulled in front of me.

My current course of action is to do various calculations to try to determine the amount of time I would have had to make evasive maneuvers. I'm going to try to put numbers together that somehow illustrate that I could not have reasonably reacted in time.

Are my attempts futile? I understand that rear-ending someone when they are fully established in the freeway will very likely return as my fault, but I'd like to try where I can.

Thanks for your time.
Topic:
Traffic and Parking

Answer:
 > I believe she had pulled in front of me

In almost all situations, the person doing the rear-ending is at fault.  In some cases, when someone makes an improper lane change, the lane changer can be at fault.

However, you don't know that she made an improper lane change.  You "believe", but that's not enough for court.  You also state flatly that you didn't **see** the car, which lends greatly to this being your fault.

Unless you can testify that she did something wrong, this defense is unlikely to work.