Shaun Michael Murphy’s Answers

Shaun Michael Murphy

Palm Springs Litigation Lawyer.

Contributor Level 9
  1. How to get permission for a Google trademark?

    Answered 12 months ago.

    1. Shaun Michael Murphy
    2. Frank Anthony Natoli
    3. Mark Raafat Malek
    3 lawyer answers

    You don't need Google's permission. You are not using the word "Nexus" as a trademark. Ironically, if you type "Nexus" into Google's search engine, you get 178,000,000 results and very few of them have anything to do with its phone. Not any different that saying your character was drinking a Coke in the Nexus Keep.

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  2. Dog bite

    Answered 12 months ago.

    1. Paul J Molinaro
    2. Shaun Michael Murphy
    3. Albert Lee Crosner
    4. David Ian Schoen
    5. Josh P Tolin
    6. ···
    6 lawyer answers

    At this point you do not need to do anything. If she files suit against you, then you will have to defend but she will have to show damages. Generally, every dog gets a free bite so Animal Control is not likely to do anything other than inspect.

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  3. Amending a complaint to include a Statement of Damages concerning a Default Judgment.

    Answered about 1 year ago.

    1. Shaun Michael Murphy
    2. Christian K. Lassen II
    3. David Ian Schoen
    4. Tatiana Kadetskaya
    4 lawyer answers

    I will presume that your case was a fairly typical injury case (manner in which you were injurred generally does not affect damages though could affect emotional distress component). In that type of case, you have two components of damages: 1) economic; and 2) non-economic. Your economic expenses are all of the actual monetary loss you suffered as a result of the accident, such as lost income from not being able to work, or from reduced hours to accommodate your injury, medical expenses...

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  4. I'm a "manager" working 80 hrs a week, no overtime, but 95% of my job is the same as my wage employees. Should I get overtime?

    Answered about 1 year ago.

    1. Brad S Kane
    2. Kristine S Karila
    3. Shaun Michael Murphy
    4. John D Wu
    5. Michael Robert Kirschbaum
    6. ···
    7 lawyer answers

    Employers often try to characterize salaried managers as exempt employees, but from your description is sounds as if the employer is simply trying to avoid paying overtime. Trips you take for your employers' benefit, i.e., bank and store, need to be compensated. You should consult with an employment lawyer to discuss all of the details of your employment because, from the few details you have shared, you appear to have legitimate claims for additional compensation.

    6 lawyers agreed with this answer

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  5. Sanction for excessive litigation

    Answered over 2 years ago.

    1. Shaun Michael Murphy
    2. Robin Mashal
    2 lawyer answers

    Your question is a little bit confusing but here is how the process is supposed to work. I understand that you issued a subpoena to your former employer. Upon receipt of the subpoena, your employer may: 1) respond to the subpoena; 2) object to the subpoena as improper for a variety of grounds; or 3) move to quash the subpoena. Additionally, any other party to the litigation may move to quash. Generally, a non-party such as it sounds your former employer is, need only object. Upon receipt of an...

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  6. I have a CAR Rental Agreement form to be initialed. Are printed initials acceptable, or must it be signature initials? Thanks.

    Answered 12 months ago.

    1. Shaun Michael Murphy
    2. Nicholas Basil Spirtos
    2 lawyer answers

    There is no particular form required. If someone signs their name with an "X" that would legally binding if it was intended to indicate their assent to be bound. Whether the initials are printed or signed doesn't matter. What is important is that the other party actually put the initials in the space intending to be bound by the applicable provision. It would not be unreasonable for you to confirm whether the tenants placed their initials on the form.

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  7. How does the small claim court procedure work?

    Answered 12 months ago.

    1. Shaun Michael Murphy
    2. Christian Frederick Paul
    2 lawyer answers

    1. Each side is given the amount of time the hearing officer decides to give them. It varies. If you are making good points, not rambling or going off on tangents, you will likely get as much time as you need. 2. If he tries to use an illegal recording, object right away. 3. The plaintiff always goes first (that would be him). 4. If you need additional time, ask for it. You may get it, you may not. It's up to the hearing officer. If this is an oral agreement about the terms of the...

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  8. Have 12 mo. rental agreement with tenant. He informs me I should use the $1600 security deposit as pymt. for the 12th month's

    Answered about 1 year ago.

    1. Shaun Michael Murphy
    2. Mary Katherine Jones
    2 lawyer answers

    Leases frequently provide that the security deposit is not the last month's rent. Also, the definition of security deposit typically does not include rent. You can demand that the tenant pay the rent because the security deposit is not rent, but is "security" for damage done to the apartment. Realistically, however, there is not a whole lot you can do. If he does not pay, you can serve a three-day notice to quit, then file unlawful detainer, but by the time you get to court and get a judgment...

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  9. Is there a cap in California as to how much you may receive in general damages for libel per se?

    Answered about 1 year ago.

    1. Shaun Michael Murphy
    2. Malosack Berjis
    3. Stephen Ross Cohen
    4. Gerald Sang Beum Ohn
    4 lawyer answers

    If what you mean is there a statutory cap like in medical malpractice cases, the answer is no. The amoutn of damages is determined by the jury based on the circumstances of the case. It will depend on the nature of the statement. For example, accusing someone of stealing is less damaging than accusing someone of child pornography. The amount of such damages must be "reasonable" but what is reasonable in any particular case is left to the discretion of the trier of fact.

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  10. How to prevent foreclosure on a commercial lot if I am behind on payments, judicilcial proce

    Answered about 1 year ago.

    1. Shaun Michael Murphy
    2. Michael Raymond Daymude
    3. Justin Drayton Graham
    3 lawyer answers

    Given the limited details, you appear to have potential claims for intentional interference with prospecitve economic advantage and breaches of the covenant of good faith and fair dealing. These require a careful analysis of the facts but if you have claims it may help you head off a foreclosure. You should consult with a trial lawyer experienced with lender and commercial transactions such as these.

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