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Kendall Taylor Jones

Kendall Jones’s Answers

8 total

  • My partner stole horse we both co-own at night from boarding facility. Police were called and they made a police report.

    Although they made police report, police say it is an illegal act, not criminal, and would have to be handled in Ventura County civil court. What is fastest remedy for me to follow?

    Kendall’s Answer

    • Selected as best answer

    It depends on so many factors. I myself own a horse at a boarding facility, and I handle exactly these types of claims for our co-boarders, and facility trainers and owners. So long as you have clear documentation of the value of the horse and your ownership interest in the horse, it doesn't really matter where the horse is located -- you still co-own it and have a vested right to one-half of the value of the horse. Do you want the horse back, or do you just want to know where it is so you can keep track of your investment? Your answer to that question will inform which remedy you should choose.

    Why did he or she remove the horse? Did he or she leave behind outstanding boarding fees for which you might be liable? These are all factors affecting your choice of remedy.

    Generally, if the police are unwilling to intervene, it's not likely that any remedy you have is "fast" (depending on how you define fast). The fastest might be to seek an emergency injunction (temporary restraining order) in civil court, which you can seek and obtain relatively quickly. However, that's only available to you if you know that there is an imminent chance of damage to you. For example, if the horse is worth $25,000, with back board and farrier costs of $3500 due, and you know that your partner removed the horse from the facility to quickly (like in the next week) sell it to someone else for $5,000 just to pocket the cash and leave you holding the bag for the outstanding debts. That kind of imminent or emergency situation, which must be based on reasonably known or believed facts and not on pure speculation, is the kind of situation that might help you get an emergency TRO, which would stop any sale by your partner and kind of "freeze" the situation.

    I'd be happy to talk with you further about the specific facts of your situation. Many attorneys, including me, offer a free initial 30-minute consultation to help you figure out your best course of action.

    Good luck to you.

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  • Can misrepresented facts persuading payment be tort if facts misrepresented were not a payment condition though should been?

    Question cause of action to file: unjust enrichment, promissory estoppel, common count or breach of contract if enforceable to ultimately collect from defendants in Ventura County that solicited and received $50,000 in exchange for pre-sale cons...

    Kendall’s Answer

    Because there are no dates or timelines in your question, it's impossible to advise you regarding the statute of limitations or laches issues. However, fraud can "toll" (delay) the statute of limitations if it delayed your ability to learn of the breach or your damage. Yes, Ventura County would be the best venue for this lawsuit if this is where the defendants are located. You MIGHT be able to claim jurisdiction in WA, depending on how the defendants solicited you, but it's really easiest to file in Ventura County, CA, since you would have to file a judgment collection here ultimately anyway.

    Right now, based on your question posted, I can't really tell if you have an actionable claim. I'd be happy to offer you a free 30-minute consultation by phone to assess your claim in more detail. You can send me documents to review in advance if you'd like by fax or email.

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  • Hi i am a victim of a utah school which i suffered a back injury. I had major back spinal surgery one year after leaving.

    hi i am a victim of a utah school which i suffered a back injury. I had major back spinal surgery one year after leaving. I have around 50 documented pcs restraints. Still surffering recently went to doctor for check up found tumor - Thinking rel...

    Kendall’s Answer

    If you have a claim, it sounds like you would need to pursue it in Utah, since that's where the injury occurred and where the defendant is located. You need to get in touch with a Utah personal injury attorney to find out your rights and discuss the viability of your claim.

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  • How to sue trustee of mothers living trust

    my mother died about 5 years ago left me and my sister property in hemit ca she was allowed to live there as long as she wanted then to sale house and split proceeds i find out she lost house to taxes thats what it says online i think she sold ...

    Kendall’s Answer

    Your question actually raises more questions than answers. In order to thoroughly answer this, I would need to review any documents you have about the trust and this property. A trustee has a fiduciary obligation to the beneficiaries that this trustee may have breached, but it's hard to tell without getting a more detailed view of the situation. I have sued trustees in the past for breaching their fiduciary duties, so it can be done in theory, if you have a valid case. I will be happy to give you a free consultation if you want to bring me your documents to look at.

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  • While My daughter was in drug rehabilitation treatment center paid for with our health insurance she was injured

    and involved in a Hostage Situation along with a few staff members that were working during the night shift the police came took the man to jail and reports were taken the police told her she would need to come down to testify in court and she is ...

    Kendall’s Answer

    I agree that your daughter (not you) may have a viable claim against the center, but no attorney can give you a more detailed analysis of the situation without knowing a whole lot more facts. You should make an appointment to go talk with an attorney who handles injury and premises liability cases. Most attorneys, myself included, offer a free initial consultation, during which time you can discuss the details and really determine your daughter's options.

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  • My mother died 7 years ago. My sister is the executor. The house is on the market for more than it's value. Do I have recourse?

    I feel my sister puts the house on the market above it's value to appease the siblings (all 4 equal beneficiaries), then takes it off when it doesn't sell. She is an attorney, and is the one who handled all of mom's financial matters before her de...

    Kendall’s Answer

    I agree with the gentlemen who have provided answers already. Short of filing a petition to remove your sister, you could have an attorney draft a demand letter to your sister on behalf of you and your other siblings, demanding that she take the necessary action to get the house sold or you will take action to have her removed. As the other attorneys noted, your sister may merely need a little prodding, rather than an actual court order, and a letter may do the trick without costing you a fortune. At least, it's worth an initial try.

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  • Can I file chapter 7 on my HELOC and keep paying my first mortgage current? Does the homestead act come into play?

    I owe $170,000 to the first mortgage and $60,000 to the second mortgage (heloc). The property is worth $218,000. It is my primary residence. Other than that I have very little credit card debt.

    Kendall’s Answer

    If the value of your property is less than what you owe on your first mortgage, then you can probably strip the second mortgage lien in a Chapter 13 bankruptcy case. Chapter 13 involves a payment plan to pay back part of what you owe to your creditors.

    Based upon what you say, it doesn't look like that is going to be possible. Consider obtaining an appraisal to determine the true worth of your home -- lots of people overestimate their home value. If your home is worth less than $170,000, then you probably need to consult an attorney for bankruptcy.

    A recent case in the 11th Circuit, from Georgia, held that Chapter 7 debtors can strip wholly unsecured junior mortgage liens. While this is not the law in California, I have been screening my cases and looking for the right set of facts to present this concept as a test case to a bankruptcy court here in California for a ruling.

    If you have little credit card debt and you cannot strip your second mortgage because of the value of your home, then I am afraid that I don't see much value to your filing a bankruptcy.

    Whether the property is your homestead does not factor into this analysis.

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  • Do we have a potential case?

    Our son was arrested 6/16/2009 and has been incarcerated since then. Thirteen days prior to arrest the V.A. diagnosed him with Hepatitis C, and specified no Cirrhosis evident in their Medical Records. V.A. scheduled him for counseling and treatm...

    Kendall’s Answer

    • Selected as best answer

    The answer is -- it depends. I would have a lot of questions for you before I could make a precise determination here. But my biggest concern about your situation is the timeline. Let's say, hypothetically, that your son does have a valid claim for negligence or medical neglect against the jail system, and he (or you on his behalf if appropriate) would seek to sue this governmental body. In California, you have to file an administrative claim with the governmental body within six months of the claim "accruing" in order to be able to file a subsequent lawsuit. If you don't file that administrative claim, you are barred from filing a lawsuit later. I would need to know more about this case to know exactly when his claim "accrued" -- it may be upon denial of the treatment, it may be upon discovery that his Hep C had progressed to Cirrhosis, or it may be some other triggering point -- that's not 100% clear from your limited description. In some unusual circumstances, you can ask to file your administrative claim late, up to one year after it "accrues," but that depends on a variety of factors, and I don't know if any of them apply here.

    Depending on the dates when all of these specifics acts took place, you may still be able an administrative claim, which could ultimately lead to a potential case. However, if the window has already closed on your ability to file an administrative claim, you cannot file a lawsuit, regardless of how liable the government may be and how enormous and significant your son's damages may be. You really have to get over the administrative claim hurdle before you can even think about the next step.

    If, based on your knowledge of the dates involved, you think you might be within the window to file an administrative claim, you should consult a civil litigation attorney. As the clock is ticking, you need to act swiftly in order to best preserve your son's rights, if he still has them intact.

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