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Pamela Koslyn

Pamela Koslyn’s Answers

26,323 total


  • I am looking for advice from an attorney on a car service issue. What kind of attorney would I need?

    I need advice on my legal options from a bad automotive service job that ended in an accident. I need to know my rights regarding sebrigation if my insurance company will not go after the place.

    Pamela’s Answer

    Your car repair issue is an issue of that service provider's negligence. Any civil litigator can help you.

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  • Do I need a talent agency license for recruiting live webcam models (adult site) on the internet?

    I am trying to start a company that recruits live webcam models. What I do is to recruit models who are already working in U.S live webcam site. Once models give me necessary information to register for Japanese live webcam site, I registe...

    Pamela’s Answer

    • Selected as best answer

    CA law is extremely draconian and harsh when it comes to people who act like entertainment talent agents who acquiring work for talent.

    The Labor Commission consistently rejects any attempts to label that work with some other name to get around their monopoly. The LC has a virtually unbroken streak of decisions against talent managers who act as agents, and have even recently ruled against an entertainment lawyer who negotiated a talent deal for his broadcaster client (see Solis v. Blancarte, Case No. TAC-27089). Your label of "consultant" sounds like that kind of attempt, since it sounds like you propose to do what talent agents do. That means you must be licensed and bonded and must comply with the CA Labor Code provisions that govern talent agents.

    If you risk ignoring the Labor Code, you could end up having to disgorge all your profit.

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  • We hired a dj for $1800, he showed photos of his speakers and then used other speakers

    He advertised his company on the quality of his equipment rather than the "cheap" competition. A week before the wedding he decided to have an elective surgery to remove screws from a previous injury. He then sent his back-up dj, who used the "che...

    Pamela’s Answer

    That sounds like a material breach to me.

    The amount of your claim fits the Small Claims court limit, so I'd proceed that way. You can file online without a lawyer and proceed that way, but before suing, you should send the NJ you hired a "demand" letter explaining your claim using his own ad, and giving him a finite deadline to refund your money. If he fails to do so, sue,

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  • Do you need a business broker's licence if you plan to run a website walking users through the real estate transaction process?

    My business partners and I want to start a business that walks users through the entire real estate transaction process (both buyer and seller) in an effort to empower them to do the process without a real estate broker or salesperson. We'd like ...

    Pamela’s Answer

    There's no such thing as a "business broker's license," so I assume you mean just a broker's license. You don't need a broker's license for an educational site like the one you describe, but your city likely does require a business license and payment of business tax, which your city's finance office can address.

    If you intend to start a web-based business, you need a viable and available trademark, appropriate disclosures, internal contracts between you and your business partners, external contracts with your vendors and clientele, etc.

    Start by drafting a business plan. Then see a local business lawyer. A little prevention goes a long way.

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  • I need to get judgement against someone, how do I go about filing?

    I co-signed a auto loan & I have got stuck with making payments & they repossed the vehicle. Plus we bought a boat together & he sold it & kept the money also

    Pamela’s Answer

    You've got 3 claims, probably each both bigger than any suit meant for Small Claims court, so you're best off hiring a lawyer, since no one can teach you how to litigate any more than someone can teach you how to take out your own appendix.

    And if you don't have written agreements with the person who was supposed to make the car loan payments and supposed to share ownership of this boat, you can't recover your attorney fees.

    At this point you may need to ask yourself if it's worth the time/money/stress to sue someone who may not have the money they owe you now or ever. You apparently have money you can afford to lose, and you allowed the car to be repossesed so you don't care about your credit rating, and maybe it's best you know the truth about your former friend.

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  • Where can I make remixes legally?

    I want to remix a Michael Jackson song but it's illegal here in the United States even though I won't be selling the remix. Where can I make this remix legally?

    Pamela’s Answer

    If you're asking where you can legally infringe the copyright rights of the record label, which owns Michael Jackson's recordings, the answer, obviously, is nowhere.

    A different question is will you get caught, if you never sell your remix and never show it to anyone. The answer to that is no, you won't get caught. That doesn't make it legal, that just makes it a tiny enough risk to do regardless of that risk.

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  • Are you absolutely required to give a settlement demand to the court or defense attorneys in one of the upcoming conferences?

    The defense is asking to bring settlement demand and I feel the pressure. I do not want to appear as a stubborn person and at the same time I do not want to "ask" for settlement. I feel that it is a compromise for which I am not ready and I feel...

    Pamela’s Answer

    You don't have to, no, but it makes little sense not to make a demand. Why would you want to go to trial, with all the effort, stress, cost, and uncertainty, if you could settle for something that's good enough? Don't let the perfect become the enemy of the good, and don't let the defense paint you as unreasonable and unrealistic, since that will just turn the judge against you, and part of litigation is playing the "image" and PR game. Talk to your lawyer if you have one, or find one now, to get a sense of what's fair, then make that demand.

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  • Does a pro per litigant who files a motion for a hearing in which he may or may not appear as a result of counsel substituting

    be served a Notice to Appear pursuant to 1987 Personal Appearance through Counsel?

    Pamela’s Answer

    Agreed, confusing. If you're getting a lawyer, and it sounds like are, then ask them. You could be flooding your judge with time-wasting papers and getting on their bad side, and while no judge would ever admit to disliking litigants who try to act pro per, they can't help but to annoyed. They already have unprepared and newbie lawyers who don't know what they're doing in their courtrooms, so imagine how they feel about non-lawyers with even less experience.

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  • What type of motion is filed to request evidence be admitted that is relevant (photographs) for an upcoming hearing and can I

    INCLUDE THE PHOTOS IN THE REQUEST AS EXHIBITS?

    Pamela’s Answer

    • Selected as best answer

    You don't file a motion to determine the admissibility of evidence.

    If this a trial, you list your exhibits on your exhibit list, and show them to the opposing counsel (or party), and if there's a dispute based on Evidence Code, you make your arguments and they make theirs.

    If you want to submit your photos for some other proceeding, you attach them to a supporting declaration authenticating then then the other side can object to that evidence, and those objections are things you'll need to respond to.

    Litigation isn't a DIY activity, so your best bet is to hire a lawyer.

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  • Recorded a song that I wrote lyrics/music.Asked someone to sing on it. What percentage does she get if its used commercially?

    I asked an acquaintance to sing a duet on a song that I wrote all the lyrics and music to. We never had an agreement before we went into the studio. I told her I would like to give her a percentage of my earnings if anything ever happened after. T...

    Pamela’s Answer

    s my colleagues, note, PERFORMANCE has nothing to do with COPYRIGHT OWNERSHIP. You can pay her a % or a flat fee, as you agree, This would be a matter of contract and she'd be entitled tp whatever the two of you agreed to if you had gotten a written agreement before you asked her to perform. But now, without a written agreement negotiated and signed in advance, you're going to have to come to an agreement to avoid a lawsuit about who owns the copyright in the recording and in the composition you wrote,

    I just answered a similar question: http://www.avvo.com/legal-answers/does-it-matter-how-much-a-vocalist-contributes-to--1961335.html

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