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David Alexander Phipps's Answers
- 137 Legal Answers
- 0 Legal Guides
3
Attorney answers:
CA business law, piercing the corporate veil of a CA S corporation
Piercing the corporate veil is done by someone has a judgment against the company and desires to attach the assets of the owner. If you have a judgment against the owner, piercing the veil is not applicable. If your judgment is against the owner and the owner has filed for bankruptcy protection, all you can do is file your claim in the bankruptcy case. If you have any facts indicating fraud rather than breach of contract, you can sue for fraud in the BK case. Apparently, you have received...
4 people marked this answer as helpful
1
Attorney answers:
Can you contest a quit claim deed signing if it was signed under false pretense?...
You can sue your father. The first cause of action in your lawsuit will be a quiet title action based on a forged deed. The second cause of action will be fraud. The third cause of action will be conspiracy to commit fraud. In the same lawsuit, name the notary public as a defendant. The causes of action against the notary public will be fraud and conspiracy. Your attorney will include some "Doe" defendants because there might be another defendant added later, if your father took an...
6 people marked this answer as helpful
1
Attorney answers:
WHAT ARE MY WRIGHT AS BEING 1/3 OWNER OF THIS HOME AS FOR ME TO BE TERMINATION
If the trust is valid and the property was properly transferred to the trust, the trustee has the right to sell it. You have no right to prevent the sale, but you have the right to be a bidder. Your first step is to submit to the trustee a written offer to buy. Your offer must include the price offered. Use Certified Mail, Return Receipt Requested. Keep a copy of your letter. Keep the return receipt and the mailing receipt. If your price is high enough and your funds are available, the...
2 people marked this answer as helpful
1
Attorney answers:
Car theft victim in CA, let ex borrow car amd has now disappeared
Plan A: File an insurance claim under your theft insurance policy. Plan B: Sue her for conversion. The amount you should win is the fair market value of the car plus punitive damages. The punitive damages amount could be three times the value or ? times the value, depending on how the jury feel about it. Plan C: File a police report regarding the stolen car. The police might try to tell you that you don't have the right to file the report because this is a civil matter. Your answer...
2 people marked this answer as helpful
2
Attorney answers:
Can I sue my former employer for firing me after I returned to work after suffering from massive depression
There is a possibility that you have viable claims against the employer for violation of your privacy rights regarding your medical condition and treatement, and for sex discrimination based on the bending of rules for everyone but you. There is only one way to find out. Use the Yellow Pages or some other source, find an employment litigation attorney, call for an appointment, go to the appointment and tell your story. If that first appointment doesn't work out, try a different attorney. If...
5 people marked this answer as helpful
2
Attorney answers:
CA civil procedure, what is an order to show cause, do I need an attorney
If this is a civil case, you don't have a right to appointed counsel. You have the right to hire an attorney to handle it for you, and you should. This answer must not be relied on as legal advice for the reasons posted here: http://davidphipps.com/docs/Disclaimer.doc . And I am not your attorney. David
1 person marked this answer as helpful
1
Attorney answers:
CA credit card laws, customer's right to retailer making an unauthorized charge
No. That is an unauthorized charge. Call your credit card issuing bank and report the unauthorized charge. They will reverse it if you are not too late. If I remember correctly, the deadline at my bank is 60 days from the date of receipt of my statement first showing the charge. But your deadline might be different. This answer must not be relied on as legal advice for the reasons posted here: http://davidphipps.com/docs/Disclaimer.doc . And I am not your attorney. David
1 person marked this answer as helpful
2
Attorney answers:
Landlord overcharging for utilities
First, you should read the lease to find out what your obligations are. If your unit is separately metered, you can easily check the accuracy of the NWP bills. If your unit is not separately metered, the lease probably describes how the landlord will calculate your share of utilities. In that case, you should check the calculations. If the allocation criteria is square feet, you should ask to see the records of the square feet of the other units and add them up to make sure that NWP is...
1 person marked this answer as helpful
3
Attorney answers:
Would I face criminal liability under California's criminal code for vandalism to my wife's car?
Yes. This answer must not be relied on as legal advice for the reasons posted here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.
1 person marked this answer as helpful
3
Attorney answers:
Contract Labor: Salary NOT paid.
You say the contract will end on October 14, and I can't tell whether that means employment will end or the contract ends but the employment continues. So the answer will cover both possibilities and will be a bit complicated. If employment will end October 14, wait until after that before you do anything, because you don't want to get fired before the contract ends. If employment doesn't end, then there is no reason to wait. When you are ready to act, there are two answers. You...
1 person marked this answer as helpful