Michael Anthony Licari’s Answers

Michael Anthony Licari

San Diego Litigation Lawyer.

Contributor Level 10
  1. What does Count 1 & 2 Stricken mean

    Answered over 2 years ago.

    1. Chris J Feasel
    2. Harry Edward Hudson Jr
    3. Michael Rutledge Norton
    4. Michael Anthony Licari
    5. Elliot Rahmim Zarabi
    5 lawyer answers

    It means counts one and two were dismissed or in other words, not guilty.

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  2. Malicious prosecution against an individual

    Answered over 2 years ago.

    1. Michael Anthony Licari
    2. Jeannette Charlotte Christine Darrow
    3. James Frederick Rumm
    3 lawyer answers

    Here are the jury instructions taken directly from CACI for Malicious Prosecution. In other words, you have to plead a fact in your complaint that meets each of these elements: 1. That [name of defendant] was actively involved in causing [name of plaintiff] to be prosecuted [or in causing the continuation of the prosecution]; [2. That the criminal proceeding ended in [name of plaintiff]’s favor;] [3. That no reasonable person in [name of defendant]’s circumstances would have believed...

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  3. What should i do in court if i dont have an attorney?

    Answered over 2 years ago.

    1. Elliot Rahmim Zarabi
    2. Michael Anthony Licari
    3. Curtis Lamar Harrington Jr
    4. Andrew Stephen Roberts
    4 lawyer answers

    Do not plead guilty. You have a right to an attorney, if you cannot afford one, one will be appointed to you. Does that sound familiar? If you cannot afford an attorney, you need to contact the public defender in your county. Here is the information for the public defender in Sacramento. It's free. 700 H Street, Suite 0270 Sacramento, CA 95814 (916) 874-6411

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  4. Will criminal misconduct disclosed in a civil trial be automatically prosecuted?

    Answered about 3 years ago.

    1. Michael Anthony Licari
    2. Frank Wei-Hong Chen
    3. Wayne E. Mitchell
    4. Michael S. Haber
    4 lawyer answers

    Both my colleagues are correct. I will just add that typically an attorney will object to a question that would require a deponent to answer in a manner that may subject the deponent to criminal prosecution. Many know this as "pleading the 5th Amendment."

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  5. Can we swich employees morning shift to night shift? Can we let them go if they refused to work night shift hour?

    Answered over 2 years ago.

    1. Michael Anthony Licari
    2. John Valentine Jr.
    3. Meghan Hayes Slack
    3 lawyer answers

    California is an at will employment state so you can terminate employees without cause so long as the reason does not violate public policy. Under the facts described above, you would not be violating any public policy. Therefore, you would not be liable for any civil suits for terminating any employee who refused to switch shifts. Watch out for pitfalls such as employees who require accomodations such as injured workers, new mothers, ect. where switching their shifts may be contrary to the...

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  6. Can a lawyer legally start working for a client without having a signed fee-agreement in place ? What is the risk on both ends?

    Answered about 2 years ago.

    1. Michael Anthony Licari
    2. Clauson Timothy Smoot
    3. Michael Charles Doland
    4. Timothy Edward Kalamaros
    4 lawyer answers

    The fee agreement requirement depends on the type of case and how the attorney will be compensated (ie hourly, contingency). When an attorney represents a client on a contingency basis, the fee agreement must be reduced to writing and must be signed by both the attorney and client. (Bus. & Prof. Code §6147(a).) The attorney must, at the time the agreement is entered into, provide a duplicate copy of the agreement to the client. (Bus. & Prof. Code §6147(a).) The written fee agreement must...

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  7. We need to serve someone for small claims court who is hiding. Can we serve his attorney?

    Answered over 2 years ago.

    1. Michael Anthony Licari
    2. Frank Wei-Hong Chen
    2 lawyer answers

    Section 415.20 (b) of the California Civil Code Of Procedure States: If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the...

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  8. Can i sue for....

    Answered over 2 years ago.

    1. Michael Anthony Licari
    2. Nicholas Basil Spirtos
    3. Jake Allen Walton
    3 lawyer answers

    You sound like you would have an action against your neighbor for assault and battery as well as intentional infliction of emotional distress. You could seek damages for your medical bills, lost work, and any emotional pain that he may have caused - which sounds substantial considering you were trying to regrow your hair and he pulled it out. You can find an attorney on your county bar's website: http://www.lacba.org/

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  9. Plea Agreement (plea bargain)

    Answered over 2 years ago.

    1. Michael Anthony Licari
    2. Pante-a Nilchian
    3. Elliot Rahmim Zarabi
    4. Judyanne Delashmutt Vallado
    5. Cherie Lynn Brenner
    5 lawyer answers

    The standard for withdrawing a plea is pretty high you have to have good cause and good cause is usually duress, fraud, etc. that affects the exercise of your free will. You essentially have to prove that your attorney was ineffective as well unless there's a Brady violation involved. see penal code sect. 1018 and People v. Cruz (1974) 12 Cal.3d 562, 566 or People v. Nance (1991) 1 Cal.App.4th 1453, 1456-1457.

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  10. Why is pg&e making me responsible for previous tentant's unpaid electric bill?

    Answered over 2 years ago.

    1. Michael Anthony Licari
    2. Nicholas Basil Spirtos
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Your situation is governed by the principals of contract law. Did you have a written lease with the tenants? Provide the lease to PG&E. Also, PG&E and your tenants likely (I'm assuming here) have an agreement (a contract) with PG&E - power for money. You'll have to look at any contracts that you have with PG&E to determine if you've agreed to indemnify any tenants in case they do not pay rent. In the absence of such an agreement, I cannot see how they expect to recover from a landlord under...

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