B Douglas Robbins’s Answers

B Douglas Robbins

San Francisco Litigation Lawyer.

Contributor Level 4
  1. Can I sue for malicious prosecution as defendant I stipulated with the plaintiffs’ attorney for dismissal with prejudice .

    Answered about 2 years ago.

    1. B Douglas Robbins
    2. Christine C McCall
    3. Frank Wei-Hong Chen
    4. Catherine Elizabeth Bennett
    4 lawyer answers

    Based on the facts as you have stated them, and assuming you have not signed a settlement agreement releasing all the parties from claims, then you likely CAN sue for malicious prosecution. Whether you win or not is another question. “A successful malicious prosecution action requires proof that the prior litigation was (1) commenced by or at the defendant’s direction, (2) pursued to a termination in the plaintiff’s favor, (3) brought without probable cause, and (4) initiated with...

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  2. Further discussion about using emails someone sends me in a book I am writing.

    Answered over 2 years ago.

    1. Daniel Nathan Ballard
    2. B Douglas Robbins
    3. Robert Scott Lawrence
    4. Bruce E. Burdick
    4 lawyer answers

    Absent a written assignment (contract) to the contrary, the original writer continues to own the copyright in the e-mail. The receiver of the e-mail owns the e-mail but none of the copyright rights in the e-mail. Copyright rights include the right to copy and publish. Thus only the writer can license the e-mail for subsequent publication. Publishing the work without permission (typically license or assignment) is copyright infringement. Anonymizing the e-mail may help to avoid other causes...

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  3. Is a commercial lease assignment and amendment accepted and signed by assignor and assignee valid if not signed by Landlord?

    Answered about 1 year ago.

    1. Donald F. Hawbaker
    2. B Douglas Robbins
    2 lawyer answers

    Please note the following analysis applies under California Law. The common law principles in Georgia should be similar but you should consult with a Georgian attorney to be sure. The short answer to your question is: NO. At this particular point in time, there is NO VALID LEASE and there is NO LIVE OFFER from tenant and assignee. CONTRACT THEORY. As a background matter, in order to have a contract (of which a lease is simply a particular kind of contract) you simply need (1) an offer...

  4. Small claims

    Answered over 5 years ago.

    1. B Douglas Robbins
    1 lawyer answer

    As a general proposition, your family can always "seek legal advice" and there's nothing you can do about it. As far as what you can expect here are some issues to consider. 1. Amount: If the amount is small enough, the matter will likely be resolved in Small claims court. In California $7500 or less qualifies as a small claims matter. 2. Oral Agreement: Oral agreements are not invalid just because they are oral but each side will have a more difficult time proving what the terms of...