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Michael John Tonsing

Michael Tonsing’s Answers

327 total

  • In Common Law: Is there such a petition as an "Emergency petition for a quo warranto writ"?

    We have been considering using the common law writ of "quo warranto" to deal with a problem of an elected person in local government that is not doing his job according to his oath of office.. We were thinking that the Judge may sit on this compl...

    Michael’s Answer

    I am not licensed in PA groundhog land, but I suspect the writ, rooted in English law, is much the same in PA as it is here in CA. Here's what I was able to cut-and=paste from the CA Attorney General's website...

    "A quo warranto action is filed typically to remove a person from public office. The Attorney General must approve all quo warranto actions filed by private individuals. This protects public officers from frivolous lawsuits. Nature of Remedy.

    A quo warranto action may be brought against any person who usurps, intrudes into, or unlawfully holds or exercises any public office or franchise.

    A quo warranto action may also be brought against any corporation, either de jure or de facto, which usurps, intrudes into, or unlawfully holds or exercises any franchise within California.

    The Opinion Unit reviews the written pleadings filed by the parties and issues an opinion either granting or denying the application to sue. If approval is given, the lawsuit is maintained under the direction of the Attorney General.

    Filing a Quo Warranto

    Procedures for filing quo warranto applications and actions are governed by the:

    Code of Civil Procedure, Section 803
    California Code of Regulations - Title 11, Division 1, Chapter 1, § 1-11"

    Try the PA Attorney General's website. Good luck.

    Here in CA, you submit a petition to the AG's office and you cannot proceed in court unless he/she allows you to in writing. I had a quo warranto case years ago. Case was filed in LA County, but only after we got approval from CA AG. Have not had a quo warranto action since then. They are rare.

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  • Ca employer during an interview asks about gang involvement and if I had ever sued any employers?

    During an interview I was asked if I was a gang member and if so where from ? And if I had ever sued any last employers and where my parents birth origin? I felt really .uncomfortable

    Michael’s Answer

    You were right to feel uncomfortable. You were being asked inappropriate questions. Not clear whether the interview was for a possible job in the future or whether you are already employed there. As noted, such questions open the door to a discrimination suit, because they raise the possibility that an action (or inaction) was generated by your responses. However, if you sued, youd still have to prove the motive for the failure to hire (or other action) was improper. Consider seeing a lawyer. You can almost certainly do so without cost to you. And, good luck.

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  • Whats the outcome of switching counsel in an employment law and settlement case?

    I am currently represented by a firm that i feel handed the duties of my case to a attorney who is overworked, too busy, and not that interested after the attorney who was ambitious departed the firm. The defendants are interested in settling but ...

    Michael’s Answer

    You have received two good answers.

    Hope all works out for you.

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  • I'm thinking of entering into a partnership with a friend but he has a criminal passed, how can I insulate myself from him?

    My friend and I are thinking of opening a clothing store together, I would be a minority partner and only deal with the online end of the business. I trust my friend as fare as not stealing from me but I'm worried that I might end up part of some...

    Michael’s Answer

    You have received three good answers.

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  • Can the president of a one person LLC or Corporation receive unemployment benefits in CA?

    Thank you for your interest. I am a proprietorship who wants to form either an LLC or Corporation in California. Can I get unemployment compensation if I do not claim an exemption, i.e. I pay unemploment taxes on me as an employee?

    Michael’s Answer

    I, too, agree.

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  • Can I sue my "employer" or are they breaking the law?

    I am am independent contractor (under a 1099), I work as an exotic dancer every now and then. The managers there made me sign a contract which states I must work three days a week. They say I must work from the hours of 7pm to 2am. I believe that...

    Michael’s Answer

    I think the contract they "made you sign" should be read by an attorney.

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  • Can my landlord hang this banner over my store that reads "FOR LEASE"? It's hurting my business.

    My business requires that customers will trust my business will be here for a long time, and the FOR LEASE sign is really hurting me. I'm month to month tenant, holding over from a 3 year lease that said the landlord couldn't place a for lease si...

    Michael’s Answer

    Have you considered putting up an equally large sign announcing that you are moving to a better location? That should stop the bleeding, assuming it is true and that you are not folding the business.

    As to the 90 day restriction, since you are month-to-month, it seems to me that the landlord has every right to put up the banner, since you can be ousted with short notice. Perhaps this is a not-too-subtle way of forcing the issue, goosing things along to where you leave or renew?

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  • Can I be sued for selling a car on craigslist?

    I sold my car on craigslist and I wrote in the add that it was a good car, in good condition, and nothing was wrong with it. This lady called me asked me about it and said she really wanted it. I waited two weeks for her to come check out the car....

    Michael’s Answer

    " I wrote in the add that it was a good car, in good condition, and nothing was wrong with it. " Hmmm,
    On your side of the ledger is the fact that she, as an experienced mechanic, had the opportunity to check out the car thoroughly, and that you sold it at a reduced price following her examination.

    On the other hand, there is something in CA known as "negligent misrepresentation" where the seller tells the buyer something without having any basis for doing so and the buyer reasonably relies on that representation to their detriment. If it went to small claims, I can easily imagine that the buyer will bring in a crony who will swear up and down that the signs of engine failure must have been obvious to you and that you were covering them up, but that the signs could not have been easily detected by the buyer, even with her skill set. Hmmm.

    I think your best arguments may be that she didn't rely on what you said, but inspected the vehicle thoroughly. Or, that the representations you made were well founded and true at the time of the sale.

    Given that it could go either way, and given that I don't know any more than what you wrote, -- as, for example, having no idea what "the engine blew out" means -- perhaps you should consider using a mediator. Use Google, or consider calling the Small Claims Adviser at your nearest small claims court for a referral. Perhaps you could with the help of a mediator, after explaining your side of the story, proactively offer to split the cost of buying and installing a refurbished engine, with you having already searched for what such an engine would cost? If the buyer is a mechanic, getting an engine installed may be less expensive for her than it would be for you.

    Good luck. Next time, if there is a next time, consider selling stuff "as is" and making clear that representations you make are just your opinion...e.g., "it appears to me that the engine works just fine" rather than "the engine works just fine."

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  • Does he have to show me a pay stub when he obtains employment?

    My childs father is court ordered to provide me with his pay stub with in 48 hrs of obtaining employment. He obtained employment in Januarry 2013. He then gave me his pay stub. After he quit his job 1 week later and obtained new employment and is ...

    Michael’s Answer

    The answer depends on what the court order says. If you know he has a new job, what's to prevent you from going back to the court, whether or not you have a pay stub? I suggest you "ask" for the pay stub in writing, let him reply in writing (or simply ignore you), so you will have a "paper trail" for the family law judge. If you're right, he looks bad. If you're wrong, at least it shows that you were trying to solve problems without going to the court, which I suspect was the reason the court ordered him to supply the stubs in the first place.

    Good luck!

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  • How is the calculation for past due invoices treated with the Statute of Limtation and the date of a breach?

    A 10-year client paid at various times (took up to 2 years on one invoice) during the business relationship. A substantial amount was accruing and I asked to be paid. An agreement to pay a portion was agreed in writing (with a waiver of some am...

    Michael’s Answer

    Unclear on the facts. You say you "asked" and the client "said" ... This sounds like an oral agreement as to this deal, but I could be wrong. Oral agreements have a two year statute of limitations that is triggered by a breach. Sounds like maybe written agreements with oral modifications and partial performance. Complicated, beyond the scope of a quick answer. Tolling can be a complicated subject, depending on facts. Would be prudent to see a lawyer and take whatever paperwork you have. I recommend that you do this very soon.

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