J Anthony Vittal's Answers

J Anthony Vittal
Los Angeles Lawsuit / Dispute Attorney.
Contributor Level 9

3

Attorney answers:

  1. J Anthony Vittal
  2. Frank Wei-Hong Chen
  3. Catherine Elizabeth Bennett

Can i black out personal details like DOB and SSN on the documents that i submit in discovery?

Asked by a user in Los Angeles, CA - 3 days ago.

You have a right of privacy in your medical records and employment records. To be discoverable, they must be "directly relevant" to a cause of action or defense in the action, and there must be no other way of obtaining the information contained in them. In addition, third parties referred to in those records (e.g., authors of letters of recommendation, sexual partners, et al.) also have privacy interests in information about them that prevents you from disclosing it without their consent....

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Attorney answers:

  1. J Anthony Vittal
  2. Bruce Leonard Beal
  3. Erik Swen Syverson

Using a DBA name for anonymity, copyright, and income

Asked by a user in Ontario, CA - almost 3 years ago.

As Erik Syverson notes, because the WhoIs registry shows the name of the domain registrant and names and contact information for the administrative and technical contacts for the domain, a proxy registration would obscure that information. As to the other issues, to amplify Bruce Beal's response, if you use a fictitious business name (a "dba"), you would have to file a Fictitious Business Name Statement in San Bernardino County (since you are based in Ontario), and publish it in a newspaper...

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Attorney answers:

  1. J Anthony Vittal
  2. Matthew Edward Williamson
  3. Pamela Koslyn

Internet harassment

Asked by a user in Palmdale, CA - over 2 years ago.

While the other commentators offer good practical advice to avoid engaging with the sender, as a California resident you also have some other rights. If the "harassing and threatening e-mails" include a credible threat of violence, you may be able to obtain a civil harassment restraining order from the Superior Court in Lancaster. A civil harassment proceeding is forms-based. You can download information materials, the forms, and instructions from http://www.courtinfo.ca.gov/forms/....

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3

Attorney answers:

  1. Robin Mashal
  2. J Anthony Vittal
  3. Kevin Samuel Sullivan

My demurrer to the amended complaint was over-ruled without amend to leave today. How long do I have to file answer?

Asked by a user in Los Angeles, CA - 4 days ago.

You do not state whether notice was waived or required. If notice was waived at the hearing, you have 10 days from the date of the hearing to serve and file your answer and any cross-complaint against the plaintiff(s). If notice was required, you have 10 days from the date the notice was served, plus additional time (2-5 days) depending on the method of service.

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Attorney answers:

  1. J Anthony Vittal

Can we file two claims for one invoice of $7000 in Small Claims Court in Hawaii as their maximum claim amount is $3500?

Asked by a user in San Francisco, CA - almost 3 years ago.

I can't speak to Hawaiian law, but, as a general principle, if you are suing on the invoice for an account stated, then the course of action you describe constitutes splitting a cause of action and is not permissible. You therefore would have to sue in the regular Hawaiian courts, not the small claims court. Assuming that the Hawaiian travel agency contacted you to purchase the tickets, principles of long-arm jurisdiction should permit a California court to exercise jurisdiction over the...

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3

Attorney answers:

  1. J Anthony Vittal
  2. Natalie Sulimani
  3. Erik Swen Syverson

I want to voice my opinion on how Netflix does a little dirty business, would this be libel?

Asked by a user in Austin, TX - almost 3 years ago.

Libel is the written form of defamation, which is a communication to third parties of false statements about a person that injure the reputation of or deter others from associating with that person. In the business context, it is the publication of false and injurious statements that are derogatory of another's property, business, or product, and it is known as disparagement. To recover for libel/disparagement, the offended business generally must establish that the alleged libel specifically...

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Attorney answers:

  1. Perry B. Thompson
  2. J Anthony Vittal

Wireless Internet / Wifi Routers. IS THERE A LEASH LAW ON THIS?

Asked by a user in Grand Rapids, MI - over 1 year ago.

Not only are they not trespassing, any more than a radio or television broadcaster is trespassing, but if you hack the security keys to get access to the WAPs, you may be liable for theft of bandwidth and/or trespass to chattels, depending on how Michigan law treats the offense. Think of it like patching into your neighbor's land line to get telephone service. Check with a Michigan lawyer to determine your rights and obligations under Michigan law. =========================== This is...

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Attorney answers:

  1. J Anthony Vittal

My neighbor is destroying plants that go along my privacy fence- not hanging over his property. He is spraying with week killer

Asked by a user in Melbourne, FL - almost 3 years ago.

If you capture your neighbor spraying weed killer on your plants on videotape, you may be able to interest your local law enforcement agency in charging your neighbor with trespass and/or with intentional destruction of private property. If the value of the plants is sufficiently high, the conduct could even be a felony. Try to enlist the assistance of code enforcement personnel, since you apparently are dealing with a pattern of offensive conduct. That could achieve the result you desire...

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3

Attorney answers:

  1. Pamela Koslyn
  2. J Anthony Vittal
  3. Adina T Stern

What is the legal form 1831?

Asked by a user in Huntington Beach, CA - 7 months ago.

Try searching for Form 1831 on Google. That may help you narrow down your inquiry if it does not locate the form you seek. Note, however, that there are about 28,900,000 responses to the Google search for "Form 1831."

4

Attorney answers:

  1. Pamela Koslyn
  2. Joseph Briscoe Dane
  3. Nicholas Donovan Heimlich
  4. J Anthony Vittal

What kind of charges for an adult sending nude pictures to a minor?

Asked by a user in San Francisco, CA - about 1 year ago.

Whenever posing questions like this on the Internet, pose them in the abstract - e.g., "a boy in his mid-20s sent nude pictures of himself to a 17-year-old girl." You don't indicate the charge for which the arrest was made. The federal Child Online Protection Act (47 U.S.C. ยง 231) doesn't apply, since the girl is over 17. Without information about the nature of the charges, and without greater detail about the nature of the images, one cannot postulate a potential outcome. The accused...