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Brad A Denton

Brad Denton’s Answers

119 total


  • Iam a seller and have signed a contract with a buyer. No real estate agent is involved. How can I void this contract?

    Are there any ways out of this contract?

    Brad’s Answer

    The terms of the contract will determine whether you can get out of it. If it was written without the assistance of an attorney, then the chances of you getting out of the contract are probably better. Your options to escape the contract might expire as time passes, so you probably want to meet with a lawyer to discuss soon.

    Brad Denton
    www.GundersonDenton.com

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  • Since my wife was fired, is she entitled to receive the pay for the vacation pay that she has accrued and was never awarded?

    My wife has worked for Diamond Resort International in Arizona for about 4 and half years. During that time with this vacation business, her vacations have never been approved in advance - they always waited till it was less than 2 weeks in advan...

    Brad’s Answer

    The short answer to your question is: maybe. Under Arizona law, when an employee is fired, the employee is entitled to any wages, including vacation pay, that had been earned up to that point. Determining whether or not your wife's vacation pay was already earned at the time she was fired will be a little more complicated and will depend a lot on the specific arrangements and contracts she had in place with her employer. Your wife should contact an experienced employment law attorney who will be able to ask the right questions to help her determine whether or not she is entitled to any additional amounts.

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  • Can a Court gain jurisdiction over a foreign general partnership that has no statutory agent?

    If a foreign (true) general partnership of which operates as its own entity distinct from its general partners commits a tort, is there anyway in which the Court (within the state the tort is committed) can gain jurisdiction of the general partner...

    Brad’s Answer

    If the tort occurred in Arizona, and the tort was done on behalf of the partnership, then most likely Arizona courts are going to have jurisdiction over the partnership. Depending on the type of tort, there might be a fight over whether it "occurred" in Arizona, and there might also be a fight over whether the tort was "done on behalf of the partnership." But that's the general rule that the court will apply in deciding whether it has jurisdiction.

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  • I would like to know if I am eligible for back pay under FLSA and/or any state law in Arizona.

    I was employed as a staffing coordinator by a Staffing Agency in Phoenix, Arizona from November of 2010 to November of 2012. During my employment I had to work about 80 hours a week and holidays (with no holiday pay). Before I started, my employer...

    Brad’s Answer

    The answer is "probably." In addition to the factors included in the above answer, there are several other factors as well. As a practical matter, you will also want to consider what evidence supports your claim. Do you have timecards? Other workers who can testify to the hours you worked? Copies of emails you sent at all hours of the day while you were working your 80 hours per week?

    You could be entitled to back wages, additional damages, and attorneys' fees. But you should consult with someone right away.

    Brad Denton
    Direct line 480-325-9913
    www.GundersonDenton.com

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  • In Arizona, does the deposing party have to pay for the other sides deposition transcripts?

    A Plaintiff takes the deposition of a Defendants' former employee (a non-party witness). The Plaintiff then wants to order a transcript of the deposition. Is there any rule of which requires that that Plaintiff pay the costs for the Defendant's ...

    Brad’s Answer

    • Selected as best answer

    No. If the Plaintiff notices the deposition, then the Plaintiff will pay the reporter's fee for being at the deposition. The Plaintiff will also pay the court reporter for a copy of the transcript if desired. If the Defendant wants a copy of the transcript, then the Defendant would pay for that.

    Brad Denton
    GundersonDenton.com
    480-325-9950

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  • Time to answer Motion for Summary Judgement?

    If a MSJ is served by mail is it 30 + five days?

    Brad’s Answer

    Yes.

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  • If affidavits by non-parties are mostly inadmissible in Court, what use do they actually serve?

    As I understand it, most affidavits by non-parties are inadmissible in civil court due to the hearsay rule. If that's the case, what benefit would an affidavit from a non-party witness actually be to a party to a lawsuit? Are affidavits pointles...

    Brad’s Answer

    I like to get them because they "lock in" testimony that will be used in the future. People forget things over time. They also get pressured. Getting what you need in an affidavit makes sure there aren't surprises down the road.

    Brad Denton
    Mesa trial lawyer

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  • Can a Motion to Dismiss be filed after an Answer is filed?

    I filed an Answer denying any wrong doing to a Complaint in Arizona and then was told about the statute of limitations for fraud which is three years after discovery or when they should have discovered the facts constituting the fraud. How can I M...

    Brad’s Answer

    This depends at least in part on the status of the pleadings. Even if it's too late to file a motion to dismiss, you would have the possibility of filing a motion for summary judgment. But you'll want to be careful to do that correctly from a procedural standpoint. It would be a good idea to talk to an attorney.

    Brad Denton
    Arizona litigator

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  • What is the tort for filing a counterclaim against a frivolous lawsuit under, Arizona law? What is required to get legal fees?

    Defending against a retaliatory suit filed in Arizona response to a wage claim filed in a New York Court. Plaintiffs' NY attorney has written a threatening letter, warning of Az litigation, that threatens jail and is sanctinonable in NY. Suit for...

    Brad’s Answer

    Prevailing on a claim for malicious prosecution (which is probably what you are talking about) is difficult. Basically, you must prove that the claim never had any reasonable basis in fact, and it was brought with the sole purpose of harassing you.

    You should consult with an attorney in deciding how to respond to the Arizona lawsuit. This is NOT something you should ignore just because it is retaliatory and outside of New York.

    Brad Denton
    www.GundersonDenton.com
    Direct line: 480-325-9913

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  • Can I make a new business a part of my existing S-Corp by simply adding this as a part of the business with a DBA?

    We have operated our own business for years with our own S-Corp. This company operates music and painting seminars but also includes other business activities we engage in- piano tuning, piano playing jobs, faux painting jobs and such. My wife i...

    Brad’s Answer

    Actually, you have several decisions to make. First, should you creat a new compny, or just use a new dba? Second, if you create a new company, will you do so as a subsidiary of your existing company, or as a separately owned entity? You will probably also want to discuss with a lawyer how the new entity should be taxed and whether it will be a LLC, corporation, or something else. Planning properly now can save you a LOT of money and grief later.

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