James Allan Nations's Answers

Validity of UCC-1 lein???? Recourse.

Yes. Be careful of your HIPPA compliance requirements. Patient confidentiality is paramount. You have very strong ethical, legal and public policy grounds for fighting the validity of the lien if it actually purports to violate HIPPA Regulations. In fact I would submit that you have an ethical and legal OBLIGATION to FIGHT this lien to PROTECT your PATIENTS. You need to seek the advice of a well versed attorney that understands this arena.

3 lawyers agreed with this answer

Is it legal for the owner of a mailbox service to withhold mail for late payment of rent?

I do not believe California Business and Professions Code Section 17538.5 addresses your issue. Unless you specifically agreed to have your mail with held from you for non-payment, the service may be in violation of federal law. I have run against this issue in the context of foreclosure buyers absconding the mail of hold-over tenants. A call to the Postmaster General will generally get the issue resolved. - PRONTO! However, your PMB provider may ask you to take your business...

Selected as best answer

I am being sued in small claims court. I've never been and want to avoid going due to being unable to pay court costs, etc

Don't be intimidated by small claims court. If you have time, go down and watch a session and see for yourself. It's pretty informal and straight forward. File your written answer, and any counter claim you might have. Talk to the small claims court clerk - most in California are very helpful. then on the day set for the hearing, just go tell your story and bring what ever evidence or witnesses you have to support your case (story). That day. prior to the hearing, the referee will usually...

Selected as best answer

Is it possible to stop a Chap 7 BK if it causes a financial hardship?

Something is clearly amiss here. Contact your attorney. If that does not work to your satisfaction, contact the Trustee's office. Good luck!

2 lawyers agreed with this answer

1 person marked this answer as helpful

Can a UEF settlement be discharged in bankruptcy?

I agree. State Fund, as far as I am aware, is a dischargable debt. However there is a very strong public policy requiring workers comp insurance, so I suggest you have your friend find an a Bankruptcy attorney that can research this specific issue for him(her). Disclaimer of California Attorney Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader...

Selected as best answer

My sister co-signed and financed a car for me and she's also the current registered owner based on the agreement we verbally

I would suggest you and your sister find someone to help you MEDIATE this situation. Oral agreements are enforceable and you have a 2 year history of payments and possession to prove what your actual agreement was. However, family is family and lawsuit can be very messy. A mediator can probably help you guys sort out your issues more cost effectively and harmoniously than a lawsuit. If it doesn't work, maybe then consider your legal remedies.

2 lawyers agreed with this answer

How to purchase Real Estate through LLC instead of just transferring Title?

LLC's can be helpful vehicles for holding commercial real estate. Often, however, in my opinion, they are unnecessarily used, or over used, to hold residential income properties. You should consult a business/ real estate lawyer that can help you determine your business strategy and how to best structure your holdings to maximize ease of transaction (like borrowing and transfers) and minimize liability and costs.

2 lawyers agreed with this answer

Condo in the state of CA, HOA was granted a Notice of Trustee's sale 4/26/2012, what are my rights/options?

Call your HOA and work something out. If they foreclose they would have to take over your Fist and Second Mortgage payments. HOAs can't afford to do this in this market, particularly with properties that are under water financially. If they foreclose you they most likely would be prevented from getting a personal judgment against you, under California's "One Action" rule. In my opinion, this is a stupid thing for the HOA to do. They loose and you loose. You need to consult an attorney that...

2 lawyers agreed with this answer

Can I break my lease early due to a raccoon living in my ceiling?

While this is not my area of expertise, I think your ability to terminate the lease will depend on whether the presence of the vermin amounts to a health and safety concern that is serious enough make the residence inhabitable. Among the requirements of landlord-tenant law, the rental property must have: · Adequate weather protection. · Running water. · Safe electrical wiring. · A heating system. · A toilet, sink and bathtub or shower. · Deadbolt locks. · At least one...

1 lawyer agreed with this answer

Since 2011 January , I do 2 jobs no increase of compensation . I am salary

It seems an important area of inquiry is the number of hours you are required to work a week. If you are working over 8 hours/day and/or over 40 hours/week you may be entitled to overtime compensation. You should consult a labor attorney or the very lease contact the CA state labor board.

1 lawyer agreed with this answer