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    1. T

      Sales Commissions while on FMLA leave

      What is the name of your state (only U.S. law)? California Hi, I'm a sales rep. The company I work for is based in Pennsylvania but I physically work in California. I had a serious medical injury that was non-work-related occur. I was granted FMLA leave by my employer. I recently discovered...
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      Contact after Termination of Rights

      What is the name of your state (only U.S. law)? California - Jurisidiction and child in Texas About 14 years ago, my girlfriend and I had a child. Making a long story short, she got pregnant and I voluntarily terminated my parental rights at her request. She was 10 years older than me and I...
    3. T

      Notice to be given??

      What is the name of your state? CA If the court orders the other attorney to give notice of a hearing date and the other attorney fails to do so, what consequences could result? (ie. I have a court date Monday for a Status Hearing and the other party was supposed to give notice by the...
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      Subpoena service

      What is the name of your state? CA If I'm trying to do discovery on a civil case, who do I serve? The lawyer is representing the collection agency who is representing the plaintiff. (ie. Collection Agency as agents for X vs me) I want documents and items from both the collection agency and...
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      Case Management Questionaire

      What is the name of your state? CA I have to file a Case Management Questionaire prior to the Case Management Conference next month. I pretty much know how to handle all the questions except the part asking which motions I plan to file. Being Pro Se, I don't necessarily know which motions I...
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      Burglary Charges for shoplifting in CA

      Most shoplifting charge aren't elevated to burglaries as it's hard to prove intent sans a confession of intent or overwhelming evidence (whether actual or circumstantial) that the person entered with intent. Truce? :D
    7. T

      Burglary Charges for shoplifting in CA

      JetX.. nothing else separates the two crimes. The simple proof of intent is the SOLE factor in elevating the crime from shoplifting to burglary. I promise. There's a separate statute for burglary to cover ALL the ways someone could commit burglary. The statute for shoplifiting covers...
    8. T

      Hear/Say & Counterclaims

      OK, I'm confused. How could you have, at the same time, SIGNED and agreement and NOT SIGNED an agreement??
    9. T

      Burglary Charges for shoplifting in CA

      I agree ... it's called "intent" :D
    10. T

      Burglary Charges for shoplifting in CA

      It's cool. I'm sure you know much more about the law than I do. i just try to be helpful when I can by researching laws and issues and trying to post relevant, correct information to the original posters. I NEVER have any problem with someone correcting any mistakes I make. Your posts are...
    11. T

      Do I have a civil suit?

      Arrest with "no conviction" and "dismissed" are not the same. An acquittal (where you are found not guilty) and a dismissal (where charges are dropped) are different. In the former, you have been exonerated and could not be charged again with that specific crime (double jeopardy). With the...
    12. T

      Burglary Charges for shoplifting in CA

      There is no ELEVATING relevant here. The OP has already been CHARGED with burglary and had an arraignment scheduled to which he didn't show. I've never said that he would be CONVICTED of burglary as intent is hard to prove. HOWEVER, if the prosecutor can successfully prove INTENT to steal prior...
    13. T

      Burglary Charges for shoplifting in CA

      I think you are misinterpreting the Penal Code. 459. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in...
    14. T

      Burglary Charges for shoplifting in CA

      If you had read the whole post (or even the SUBJECT TITLE of the post), OP states that the CRIME was committed in California (not Georgia). Georgia is where he resides currently. Thus CALIFORNIA laws apply, since he will have to return to California to answer said charges and suffer the...
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      garnishment

      catsup, mayo, tobasco sauce, relish ... and many more "garnishments" exist. I suggest reading the recipe. It will certainly assist you in determining the appropriate "garnishments" to use depending on what you're making. :D
    16. T

      hearing at UE

      Have you consulted a civil rights "LAWYER" or are you planning to do this yourself? You might want to go for one of those "free consultations" to see if any lawyer will take your case on a contingency basis. If they are, then your case probably has merit. If no lawyer will assist you, then you...
    17. T

      my dog bites neighbors dog

      If your dog cannot climb over YOUR 8 ft fence, then how did it get out of your backyard? (both two years ago when it did (per your post) or in this situation where your dog did (according to your neighbors))
    18. T

      Burglary Charges for shoplifting in CA

      You can be charged with commercial burglary when you have the specific intent to steal something from a store when you walk in the door. Typically, commercial burglaries will be charged as misdemeanors when the value of the property taken is less than $400.00. If the value is over $400.00 then...
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      Do I have a civil suit?

      Have you seen the "background check" results to make sure there aren't any erroneous entries (ie. says convicted vs arrested)? I would start there, if possible, and try to correct any inaccuracies, if any, in fact, do exist. Chances are, since you say the charges have been dismissed, that your...
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      Breach of contract?

      Your state "may" consider him to be an "employee" regardless of the existence of a contract and/or the designation as an "independent contractor" by the "employer". If he is not considered to be an independent contractor, then the Pennsylvania Department of Labor and Industry will help him...

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