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Brian Richard Dinday

Brian Dinday’s Answers

1,307 total


  • Will I be arrested at my vandalism arraignment? How do I plea?

    My ex filed a police report charging me for vandalism of her car- a broken winshield wiper. The D.A. threw this out of court for lack of evidence. I did break her wiper-yet it was after she had charged at me with her vehicle with the intention of ...

    Brian’s Answer

    You absolutely need to hire a criminal lawyer NOW. Don't wait. It is urgent that he/she get involved NOW to try to prevent charges from being filed. It is cheaper than getting defended AFTER charges are filed. I know. You can't afford to. Borrow it. You can't afford NOT to. The arrest record alone can ruin your life. A conviction would be worse.

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  • If a car dealership sends a letter stating the contract is cancelled- is it offical?

    I brought a car and about a week later I get a certified letter from the dealership stating: IN ACCORDANCE WITH THE "SELLER'S RIGHT TO CANCEL SECTION OF THE RETAIL INSTALLMENT SALE CONTRACT"11/5/2009, WE HEREBY NOTIFY YOU THAT WE ARE UNABLE TO PL...

    Brian’s Answer

    They are talking out of both sides of their mouths. To "rescind" a contract is to cancel or nullify it FROM ITS INCEPTION. In other words, it makes it as though the contract never existed. So if they "rescinded:" it by their letter, (and they did), then you ALSO are released from the contact. That is a statement of general law, but an attorney would have to actually look at all your purchase and financing papers and the full letter you are quoting from to give you an authoritative answer.

    You can't have a contract that is valid and enforceable as to one party and not as to the other party to the contract.

    Have the docs looked over by an attorney, and if he/she still agrees with my thought, send them a certified letter too, also stating that YOU are rescinding the contract. That would seem to end it, but move quickly.

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  • Is this legal?

    My employer has recently has asked us to start taking our temperatures before our shifts. I initially refused as it was not mandatory. My supervisor then pulled me aside and chewed me out. I asked him if this was going to effect my employement and...

    Brian’s Answer

    I'm going to guess that someone at this place of employment came down with Swine flu and the employer is being proactive to prevent an epidemic. I can't imagine why any sane employee would object to this, if I am correct. The threat was inappropriate, but then again, he didn't need to threaten. He could just fire you without stating any reason.

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  • Response to answer

    I live in Los Angeles Rent control. I plan to have a cleaning person to come in an clean my bathroom. I have been here for over 6 years since 2003. I will have before and after photos. I plan to file a complaint with the Los Angeles Housing De...

    Brian’s Answer

    A bathroom that has not been cleaned in six years is likely a health hazard that endangers all the tenants in the building, through, vermin, insects and mold infestation. I respectfully disagree with Ms. Koslyn on this one. I don't think this is so slam dunk. Apparently the landlord made no attempt to oust this tenant until he saw the filthy bathroom, so it sounds righteous to me. Mold can actually be lethal.

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  • What constitutes child abuse/neglect with regard to a student school activity?

    My daughter is on a Color Guard high school team. After an cold evening performance, a parent-in-charge would not allow the girls to wear their sweat pants (they were wearing thin lycra pants) as punishment for the entire team because one student ...

    Brian’s Answer

    Yes, the school should be alerted to this (and every other school this idiot parent has a child in), to make sure that he or she never gets put in charge of students again. This person sounds like a sadist.

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  • If there is a conflict of interest you know that a judge is presiding, and you are a party in the hearing, what can be done

    The Party i am up against, wife use to work for the presiding judge as a house maid for years. I am not getting a fair hearing and my public defender is not representing me like i know he should. Any suggestions

    Brian’s Answer

    I agree with bpoole. You need to clarify what kind of court action this is, and what role the cleaning lady plays in the case: party or witness.

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  • I work at a golf course in which the GM insist in opening all the mail, even the one addressed to other people. Is this legal?

    The new GM insist in openeing all the mail even personal mail addressed to individuals by name.

    Brian’s Answer

    If the mail is marked "personal" on the envelope and the business name is not mentioned in the address, then it is illegal to open that mail, in my opinion. However, if you have people do this, expect the boss to tell you to stop using his address for your personal mail. Otherwise, the presumption is that any mail coming to a business address, is mail intended for the business and the name on the address is just to direct it to the proper employee. That's how I see it.

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  • My landlord gave me notice of termination of our month-to-month lease, and then he changed the locks on the doors. Can he do tha

    My landlord gave me notice of termination of our month-to-month lease, and then he changed the locks on the doors. Can he do that?

    Brian’s Answer

    Well, you left a whole lot out of your short story. Like, did he file an unlawful detainer action? Is all your stuff still inside? ON what date did he give the notice and on what date did he change the locks? All of this is important, but changing the locks prior to a Sheriff coming to put you out pursuant to court judgment, is likely illegal. You need to talk to a landlord tenant lawyer ASAP. Like TODAY.

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  • How likely is it that DA files charges within a year for petty theft charge?

    The incident happened on Sep 2. The arraignment date was Nov 2. I showed up for court hearing, but was told from the court clerk that no charge has been filed....I understand they have a year to file a misdemenor charge. In Los Angeles County DA, ...

    Brian’s Answer

    One thing that often works in Northern California, is if a suspect hires a lawyer to contact the D.A. and offer evidence and reasons NOT to file charges, it sometimes works. Maybe Mr. Dane will enlighten us whether this ever works in Sunny So Cal. if it does, you might be well advised to hire a lawyer NOW, even though there are no charges yet. Of course, if it is a clear case, maybe there is nothing to tell the D.A.. but it can't hurt to talk to a lawyer, like Mr. Dane, who is quite skilled.

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  • How do I go about filing a small claims against an attorney who over charged me and did not pay the services he hired?

    I paid a retainer and was billed for my attorney to "argue" with me when I questioned what he was doing. It went down hill real fast. He went through the retainer on researching items I told him not to, then charged me beyond the retainer. I hav...

    Brian’s Answer

    Actually, I think your complaints mostly sound like you just did not have the process explained clearly to you. The money you paid for a "retainer" typically is for attorney fees, not litigation expenses. If your written contract with him says that YOU are responsible for the case expenses, then why SHOULD he use his fee money for it? If you do not have a written fee agreement, then I agree you were probably not treated right.

    My contracts list separately money to be paid for fees and then a separate amount to be paid and HELD IN TRUST for expenses, if there are expected to be any. Of course, some contracts assign case expenses to the attorney, out of his pocket. These are usually personal injury cases. If money I receive in trust for case expenses is not all spent, it is refunded.

    Alternatively, it is perfectly proper to NOT receive trust money from a client for expenses, but to just bill him for it. This may be what was done in your case. You really need to read your contract before making any complaints to the State Bar.

    If he overcharged you for what he did, I would not know about that. Ditto on his researching things you told him not to. But I have to ask: how do YOU know what legal issues need to be researched and which do not? Could your "order not to research" have been something that would have scuttled your case if he had obeyed? If he had listened to you and the result had been a disaster, then you'd have sued him for listening to you, right?

    So what to do next is to read your contract. Did you read it before signing it? Any fee agreement for over $1000 has to be in writing.

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