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Daphne Lori Macklin

Daphne Macklin’s Answers

739 total


  • Will my po violate me if she found pictures and text messages in a persons fone that is on felony probation and im on ab 109

    Im on ab109 for possession of a fire arm

    Daphne’s Answer

    This is more of a criminal law question rather than a civil rights issue. You must follow the directions that were given to you at the time that you were granted probation which included a very specific direction to avoid contact with any person that you know to be on felony probation. You need to discuss this with your criminal attorney as soon as possible.

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  • My wife force me out of our house. What is my right to stay at the house. Do I come back to the house until divorce final?

    We split up the cashed on our saving accounts. We have 2 homes with each with 400k loan.My wife make about 60k / 110k. How much should I pay for child support and alimony?

    Daphne’s Answer

    While you may be tempted to do this all yourself, my strong recommendation is that you pay for at least a consultation with a family law attorney in your community to get a comprehensive understanding of the rights and interests that are at stake in your dissolution. Given the size of your debts and the outstanding child support, custody and visitation issues, it is not possible to get an appropriate answer through this forum. You need individualized advice and counsel based on a complete analysis of all relevant facts.

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  • I received a 3 day notice on on the wrong day. The filed UD says i was served on the 7th and the proof of service says the 5th

    I received a 3 day notice on on the wrong day. The filed UD says i was served on the 7th and the proof of service says the 5th and I was actually served on the 8th. I don't know when i can file a motion to squash. I didn't pay rent to go before a ...

    Daphne’s Answer

    Review the attached link. If you are low-income, I recommend you contact the CRLA Stockton Office. You also need to contact the building inspectors office to get an official inspection and if appropriate citation of the serious defects to the unit. Good luck with this.

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  • What is required for a pharmacy to release prescription records for a deceased patient?

    If a patient is deceased, who is authorized to sign a medical release for that patient? I own a pharmacy and have requests for such documents, that are being requested by a life insurance company. Along with the request, a consent for release was ...

    Daphne’s Answer

    You should consult an attorney if you have questions about the authenticity or accuracy of the representation being made to you about the status of the daughter as next of kin. I would also discuss this issue with the life insurance company. The life insurance company bears the burden of establishing the validity of the claim, but you have a responsibility as a medical care provider not to release medical information to a source that cannot substantiate or verify its rights to have the requested information.

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  • My son was attacked and harassed, nose bloodied, cut and given a black eye at school by a student...what are my rights?

    My son has been avoiding this student. He's attempted to offer joints to him on several occasions for $20 & then started demanding he buy them for $20 & then just give him $20. He approached my son in the locker room after class which was unmoni...

    Daphne’s Answer

    Although the incident occurred in school when technically school staff were responsible for your son's safety and well-being, you may want to consider filing criminal charges against the youth who was involved in the incident as well as suing that child's parents. While you may not succeed your actions may bring to light similar incident involving other children. You may also want to go to the Superindentent's office if school staff are being unresponsive. The next step would be the School Board.

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  • I am unemployed for about a month. Can my ex take my children away from me just because I am unemployed?

    I have custody of two of my three children. I have my unemployment, and other benefits and I am able to manage OK, not as when I was working but I think it is a reduction of about 30-45%. With all the benefits I am about 65-75% of my previous ...

    Daphne’s Answer

    Your change in financial circumstances may warrant an increase in support from the non-custodial parent, however this will not necessarily result in the loss of your custodial rights.

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  • I am one of two defendants. Plaintiff and other Def settled; Plaintiff assigned rights to other Def; Can other Def sue me?

    I am a supplier for construction project and a co-defendant in a lawsuit; the other defendant is the general contractor. Plaintiff owns the land project and sued for improper construction. The GC settled with plaintiff and "assigned" rights aga...

    Daphne’s Answer

    The situation you have described involves a plaintiff who sued two different defendants. My recommendation is that if you are representing yourself, given the nature of the conflicting interests between the defendants, you need to have your own attorney. It is not unusual for co-defendants to have conflicting interests and sue each other. The fact that the plaintiff has settled with your co-defendant does not mean that the case is settled as against you. Rather the GC may now decide to go against you for damages paid to the plaintiff which ought to have been paid by you. In short you need an attorney and to seriously consider mediation to resolve these disputes.

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  • I recieve welfare and their asking me for a checkstub or proof that my ex bf was working at but hes never worker during the time

    Hat can i do because he doesnt wanna file for identity theft or do anything about it and they want to cut my cash-aid for that reason

    Daphne’s Answer

    You need to contact your local LSC-funded legal assistance program as soon as possible. While your question is unclear, my sense is that you need to speak with an attorney with a background in public benefits law as soon as possible. You should also be very careful not to discuss this matter with anyone who is not an attorney who has been retained to assist you as you may be at risk of welfare fraud charges. Be very careful.

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  • If I need a medicare set a side,will there be any left fo me?

    I have a personal injury case that just settled, I am on medicare and social security disability. If I need a medicare set a side, will all of my settlement go into an account or will I receive some of that money? How does a msa work?

    Daphne’s Answer

    If you did not have an attorney help with your personal injury settlement, now would be a good time to at least arrange for a consultation with an attorney who handles PI cases but who is also familiar with Medi-Care rules. You may also discuss this question with staff with your local Social Security Office. You may want to contact the disability rights advocacy at the link below. Good luck with this.

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  • Landlord wants to sell. Lease states tenant entitled to 120 days written notice before showing. Is showing OK after 120 days?

    Managed property. PM Company asked by owner to show prospective buyers. 120 notice not yet sent; when sent and 120 days elapses, is it then OK to show?

    Daphne’s Answer

    If the terms of the contract is 120 days notice prior to showing, then on day 121, it would be appropriate to show the unit with appropriate notice to the tenant. My sense is that over the course of 120 days, times and conditions for showing the unit could be fully discussed and agreed to by the tenant and the management agent.

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