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Robert Andrew Michael Burns

Robert Burns’s Answers

4,055 total


  • I was in home depot attempting to pick up this lumber and the side that i tried to grip cut my hand and sliced my pinky.

    had to get two stitches but i cant used my hand for a few weeks

    Robert’s Answer

    The primary issue to me pertains to determining the provable facts. All that we attorneys know is your overly brief recitation of your subjective take on the facts. Your actions are at issue, too. Unknown to us is how (non) dangerous the plank was, whether the danger was in its milling, stacking, or warping, whether gloves should have been worn, and whether customer handling of planks is expressly or impliedly (un)allowed. I suspect that there was effectively an huge splinter which impaled your. Home Depot is difficult and unreasonable as a litigant and is a job exporter having no loyalty to this Country. You can sue for up to $10,000 in Small Claims Court and I predict that you will need to do so and that such a recovery will be adequate.

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  • How long do I have to file a motion to compel or RFO?

    We submitted an FL-396 on the ex-spouse with no response. We are now looking to file a motion to compel. However, I just read somewhere this has to be done within 45 days of the service of the FL-396. Is that true? Tomorrow will be 45 days sinc...

    Robert’s Answer

    I see no timeline in the relevant statutes: http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=9.&title=&part=1.&chapter=6.&article=2. It does say in Section 3666 that the FL-396 "may be enforced in the manner" for general discovery requests. Cal. Code of Civil Procedure Section 2031.310 requires a motion to be noticed within 45 days of a defective "verified response" to a discovery demand. But, service by mail extends the motion time by at least 5 days and you got NO response.

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  • Am I to be reimbursed for misappropriated rental income from community property?

    I won a motion to set aside my divorce judgment. During the divorce my ex husband created false documents and was awarded community real properties as his separate property. The fact is that the real properties is community property and must now b...

    Robert’s Answer

    Congratulations. You have a set aside, not a Judgement disposing of community assets and liabilities. Community income might have been legally dissipated on community obligations or on you. The real property may be "under water". Husband may have no visible asset. So, you might be entitled to reimbursements for your portion of all rents not paid to you and you might be awarded a penalty for breach of fiduciary duty giving you Husband's half of the rents.

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  • My sons therapist damaged my relationship with my son. Is there any legal recourse i can take to stop any further damage?

    My ex has been having family therapy with our son her boyfriend and her other little baby for the past 8 months which has resulted in my son turning against me, the mother's boyfriend claiming to the court that he has happily assumed the father r...

    Robert’s Answer

    I just answered a related question from you. I do wonder whether the Court mandated the therapy and whether the Court allowed the therapist's declaration. I do not understand: "His declaration was provided during our court break but without proper time to read it i didn't allow it."

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  • What is the quickest way to get a judge to change a therapist or even bar him from ever seeing my son again? Is there grounds?

    My ex has been having family therapy session with our son her boyfriend and her other little baby for the past 8 months (20 family sessions & 6 individual) which has resulted in my son turning against me, the mother's boyfriend claiming to the c...

    Robert’s Answer

    Your current custody orders must first be reviewed to see whether/why the therapy is mandated, how it is to be conducted, or if therapy is a choice of one/both parents. It seems to be more of a forensic than therapeutic process here.

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  • Can I request attorney’s fees in a RFO for spousal support?

    If I file a RFO for post-dissolution spousal support, can I also request in the RFO that my attorney’s fees for the RFO be paid by the other side? In my case spousal support has never been awarded and at the divorce trial the court reserved on spo...

    Robert’s Answer

    Yes. The attorney's fees are to be for an attorney, i.e., either for a retainer to hire one, pay one for services already rendered, or to pay for one currently assisting you.

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  • Step daughters mom wants to send child to live with us due to financial issues. They currently reside in MD and we are in CA.

    My husband is her biological father but not listed on her birth certificate. There is currently a MD order of custody naming only her mother (and my husband only for summers and holidays) all legal and physical custody is to her mother. Do we hav...

    Robert’s Answer

    I am betting that you can easily address the emergency medical issues out of Court. I'd have mother sign necessary authorizations which I expect Dad to timely provide and receive from her; Mom should be able to fax the authorizations to whomever. If the child is school age a power of attorney might be advantageous to deal with the child's school but, again, Mom should be able to execute and fax the appropriate paperwork. Meanwhile or later, I'd have Dad open a case with the L.A. County Dept. of Child Support Services to get paternity established and basic legal and physical custody orders in place.

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  • What type of lawyer do I need for a slip and fall at work if the workers comp case has already been handled?

    While at work I slipped and fell causing injuries to my body, there was no wet signs present. I have already handled the workers comp case but was told that I needed to get a lawyer that can handle the case for pain and suffering.

    Robert’s Answer

    You need a personal injury attorney to handle it if it exists. Your workers compensation attorney should have advised you on the viability of a tort claim arising out of your industrial incident. It seems that you'd probably have to have been injured by an employer acting in a dual capacity (e.g., the danger was posed by the employer as employer and as vendor to the public) or a third-party. Ask your workers compensation attorney about this.

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  • Is an FL-320 valid if it only addresses MC-030s and not FL-300s?

    In our child custody case I filed a Request for Order and an Amended Request for Order (FL-300s) as well as several MC-030 Declarations with attached letters of support from friends and relatives. When my ex filed the Responsive Declarati...

    Robert’s Answer

    I am not clear on what the situation is and I deplore "reading" documents blindly or through someone else's eyes. An. R.F.O. and Responsive Declaration are intended to raise and address issues and that might be done adequately through the totality of R.F.O, Responsive Declaration, and other declarations.

    It appears to me that the opposing party's attorney seeks to exclude your declarations. You will have to address the objections and may have to bring the declarants to the hearing to testify.

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  • How to appeal an unjust court order?

    I was ordered to pay attorney's fees and costs to my spouse based on the fact that I earn more than she does. The order failed to take into consideration my ability to pay, based on my income submitted on Income and Expense Declaration and tax ret...

    Robert’s Answer

    You really need the situation reviewed with the file by a family law lawyer; you can use the free Family Law Facilitator at your Courthouse. I won't help anyone pursue an appeal, which jacks the entire system around and which can backfire with an award of monetary sanctions, without good cause.

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