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Michael Anthony Troncellito Jr.
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Michael Troncellito’s Answers

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  • S Corp: I am 49% owner/secretary. Relative: 51% owner/pres. I am key employee. 51% Pres/owner threatening to fire me. Possible?

    51% owner has embezzled almost $100,000. Gambling, drug & alcohol addiction. Removing my bonuses. Wants to fire me if I don't quit asking questions about money spent. Possible? Can I declare 51% owner incompetent?

    Michael’s Answer

    A 20% or greater owner of a LLC can bring suit to dissolve the LLC if such a stakeholder desired. It is a two way street, so the 51% owner can also. As it relates to firing you, you can be likely be fired as a result of the power structure established by and through your operating agreement (assuming you have one). If you don't have an operating agreement, then putting one in place would seem to make sense such that you can avoid these types of problems.

    As an employee, you can bring suit against the company for not paying you properly. However, this may get a little "sticky" given your 49% ownership interest.

    There are certainly things you can do, and a consult with a business/contract/litigation attorney or possibly an employment attorney, might do you right. I believe a business partner approach, rather than a disgruntled employee approach, may keep the tone a bit more civil and thereby get you thorough the process quicker and with less expense. However, do not forget the employment law issues and remind any business lawyer you speak of about that element of your situation as well.

    I hope you find this helpful. Peace and wellness, Mike Troncellito

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  • I leased a car. I was told only the lease amount will show on my credit. The finance manager also told me they'd make the 1st

    payment. I checked my credit and the entire amount of the car is showing, not the lease amount like I was told. The dealership hasn't made the 1st payment yet either. I've had the car for 4 months. My credit is down 65 points now because they mark...

    Michael’s Answer

    The language of the contract will govern here, regardless of what anyone said. Only what is written down will be applicable. I am sorry to share that news with you, as I suspect if the offer you report was written down the seller would have already made said payment. Please get your contract documents together and contact a contract attorney for review and advice. You can spend a few bucks and be fully educated on your situation, the contract, and what can be done to remedy your credit issue.

    I hope this is helpful to you. Peace and wellness, Mike Troncellito

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  • Can i legally find out if an officer went to city court the day we were suppose to appear for a hearing of our own?

    Its in Phx Az for a drivers license hearing with ADOT. The Hearing office does not check to see if these court claims are actually legit or not. It's just a little convenient for this officer to get called in to City Court right at the time we're...

    Michael’s Answer

    If you are aware of what court another party claims to have been in at the time of your hearing, you (or someone on your behalf) may be able to investigate the docket, as court proceedings are public record. From there, you can see if the claim of necessary absence was the truth or a farce. However, and despite asking your question, I would not recommend spending the time or money doing that (not even on your own) without knowing what would change, in your opinion, following learning the truth or falsity of the officer's claim.

    I hope you find this helpful. Peace and wellness, Mike Troncelito

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  • Ex was granted sole legal custody by manipulating and lying to the court. I'm fighting that order, but in the meantime...

    He has gone above and beyond to interfere with my ability to communicate with our children. He bought our oldest an iPhone a few months ago, only to then block me on it and block me on her facebook. He has gone over a month without allowing me a...

    Michael’s Answer

    I agree with Mr. Nemiro. As an Aspie (high functioning autistic fellow), I further recommend that you get an attorney with as strong a personality as your ex. If you have someone representing you that makes him feel uncomfortable, and I mean REALLY uncomfortable by and through aggressive litigation like Mr. Nemiro suggests, then you stand a chance of getting him to relent somewhat during this process. However, NPD does not usually handle authority well, so be prepared for pushback when you and your attorney push. You have to have a stronger will than he when it comes to dealing with NPR folks in these situations. I hope this is helpful. Peace and wellness, Mike Troncellito

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  • Ive been summoned to court by state and being called by the defense attorney for questioning , do I need an attorney

    Someone was found dead in my home while I was there. When the police were called in I had left the home . I returned back home and was taken in for questioning and was release.its a yr later and they have arrested someone and charges ate being fil...

    Michael’s Answer

    When I break a pipe, I can fix it with duct tape or call a plumber. If I fix it with duct tape, it will likely again be an issue, probably a bigger issue, than it was to begin with. If I pay the plumber, the issue is resolved and if not, I have recourse. You see where I am going here?

    If you go to an interview where the parties asking questions have the authority to use what you said to charge you with a crime, ANY crime you may implicate yourself for (as well as use what you are saying for evidentiary purposes again others), doing so without a lawyer, seems unnecessarily risky. We are talking about a body found on your property after all.

    But, to answer your question....you only need a lawyer if you want to make sure you do not inadvertently get charged with some homicide or other crime by virtue of trying to do what is right by helping with your testimony. If you don't care about the risk, then you don't need an attorney. If you care, then you should STRONGLY consider hiring legal counsel.

    I hope this helps. Peace and wellness,
    Mike Troncellito

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  • Law firm who handle something sharp and hard in Oats & More cereal-wedged in gum and split tooth beyond repair. Dentist tried.

    Dentist tried to save tooth by saving biggest half and applying crown. Didn't work. Now Ins. Co. for Safeway do not answer when I send bill for implant????Was in Phoenix, AZ area. Do I need to have Phoenix area lawyer or can Indiana lawyer tak...

    Michael’s Answer

    You have a claim against the manufacturer, but generally not the seller nor the distributor under Arizona law. if you purchased in AZ and were injured in AZ, then it would appear AZ is your jurisdiction and AZ law would apply. This may be why Safeway is not responding; generally, they would not have liability for something that injured you from a closed sealed box they received and then simply resold to the public. You need a product defect attorney. I hope this is helpful in addition to the prior responses provided. Peace and wellness, Mike Troncellito

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  • Contracting and advertising without a license. what are the penalties of illegal contracting?

    i hired a 'licensed company' to install pavers and gravel in my home. They made it clear they had a license so i hired them, the job they did was bad. There was no contract given to me when we made the deal, nor did they issue a receipt. contacted...

    Michael’s Answer

    The Registrar of Contractors should also take complaints from citizens concerning unlicensed contractors. I appreciate that the ROC told you Company X is not in their system. Maybe you might call and ask about filing a claim against a company with the ROC when the company had no ROC license; sort of an unauthorized practice thing. Also, small claims is a good venue for you given the amount in controversy. You may want to hire a lawyer to "whisper in your ear" and draft your documents, but please know that attorneys cannot appear in small claims courts in AZ.

    I hope this is helpful. Peace and wellness, Mike Troncellito

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  • Is a Dr.suppose to give his patient information even if the patient doesn't make the next follow up appointment?

    I went to my neurologist a couple of days ago and I was told for the first time that I had a possible aneurysm which was diagnosed back in 2011.so I asked why wasn't I told...the answer was because I didn't come to my next appointment..I said I se...

    Michael’s Answer

    The answer to your question is "yes, a doctor is supposed to inform you of your condition and/or testing results." However, as aptly stated by counsel below, you would need to suffer actual damages in order to make the doctor's mistake be one that would be subject to paying damages in court. Thank you. I hope you find this helpful. Peace and wellness, Mike Troncellito

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  • Why does black's law dictionary fourth ediction 1951 by Henry Campbell Black, M. A. Cost $324.00 on ebay. I paid $40.00.

    Bought it at a swap meet

    Michael’s Answer

    supply and demand I guess. Congrats on getting it for $40.00. My folks paid $245 15 years ago when I graduated law school. HA.

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  • Can I fire a gun in Arizona if I have my Arizona Medical Marijuana Card while not being under the influence OF Marijuana?

    As far as "can I fire a gun", I mean at a shooting range, or out with friends. I DO understand the concealed carry carry laws, and that I am NOT allowed to carry a concealed gun.

    Michael’s Answer

    I recommend speaking to a medical marijuana lawyer. However, if one has a medical marijuana card and a license to practice medicine, or drive a car, that person can perform medical service or drive a car so long as the psychotropic elements of the medicine are not in the licensee's body. As such, in states where marijuana is medically legal, the state may not have an issue with you also having a gun license. It is the feds, as stated in my colleague's eloquent answer, that may give you a problem. If there is no interaction with the federal government in your world, I cannot see the feds being an issue for you. However, I do not know your situation, so please do not take this as direction on how to act moving forward. I am simply providing additional information for you to consider and discuss with your medical marijuana attorney. I hope you find this helpful. Peace and wellness, Mike Troncellito

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