David C. Garner’s Answers

David C. Garner

Employment / Labor Attorney.

Contributor Level 15
  1. Is this a civil matter

    Answered over 5 years ago.

    1. David C. Garner
    1 lawyer answer

    I am not licensed to practice in Nebraska, so I will offer advice based on general principles of law. First of all, are you saying he promised to fix the boat in exchange for use of it? If so, then it becomes a dance around what "use of it" means. He no doubt understood that to mean he could take it wherever he wanted to have fun by himself. You appear to take that to mean with you present and towing the boat. Since this would be a material term of the contract and apparently no one...

    2 lawyers agreed with this answer

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  2. What is the statute of limitations on a wrongful death suit in the state of California?

    Answered over 5 years ago.

    1. Jonathan H Levy
    2. David C. Garner
    3. Alan James Brinkmeier
    4 lawyer answers

    P.S. That was for Oregon. In California, a medical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years from the date of injury. Cal. Civ. Proc. Code § 340.5

    2 lawyers agreed with this answer

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  3. What is the statute of limitations on a wrongful death suit in the state of California?

    Answered over 5 years ago.

    1. Jonathan H Levy
    2. David C. Garner
    3. Alan James Brinkmeier
    4 lawyer answers

    Correct. For instance, you might be able to proceed (through the estate) for medical malpractice. Medical malpractice actions must be commenced within two years from the date of the wrongful act or omission, or within two years of the date the injury was or reasonably should have been discovered. No medical malpractice action may be filed more than five years from the date of the act or omission giving rise to the injury, regardless of when the injury is discovered. Talk with an attorney...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can I cut the roots of a neighbor's tree that are encroaching on my lawn and possibly damaging the house foundation?

    Answered over 5 years ago.

    1. David C. Garner
    1 lawyer answer

    You can cut the roots. Essentailly they are trespassing on your property. In addition, cutting them is the best way to mitigate any potential damages. I am not licensed to practice in New York. This is general advice based on general principles of law.

    5 people marked this answer as helpful

  5. Tenant's rights under WA state landlord tenant act, rent payment drop box was stolen, paid rent in cash can i sue the landlord

    Answered over 5 years ago.

    1. Thuong-Tri Nguyen
    2. Evan Matthew Oshan
    3. David C. Garner
    3 lawyer answers

    Should you sue? For what? I am not licesed to practice law in WA, so this is based on general principles of law. First of all I would love to know how you were able to get half the money in a money order and half in cash when you could have given the people who created the money order the cash and gotten a money order for the whole amount? Anyhow, you can't prove that you paid. Thats what is comes down to. Why on earth you would stick $500 cash into a box that no telling who had...

    1 lawyer agreed with this answer

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  6. My brother is a permanent resident and was convicted of a felony (theft) what are his chances of not being deported?

    Answered over 5 years ago.

    1. Craig Edward Kennedy
    2. Evan Matthew Oshan
    3. David C. Garner
    4. Philip Alan Eichorn
    4 lawyer answers

    It would be helpful to have more facts in your case, but any person who is not a United States citizen, including lawful permanent residents, can be deported because of a criminal conviction. The Immigration and Nationality Act recognizes three categories of crimes that can place a non-citizen at risk of deportation or prevent a non-citizen from ever becoming a lawful permanent resident. Aggravated felonies are the most serious crimes and are specifically defined by statute in the...

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  7. Am I responsible to damage found on a rental car 24 hours after it was inspected by the company and deemed to be damage free?

    Answered about 5 years ago.

    1. David C. Garner
    1 lawyer answer

    You didn't include the most important fact - do you have a receipt that shows that when you turned the car in it had no damage. If you do, you are golden. If not, you are probably still golden. It was their responsibility to "catch" any damage the wished to claim at the time of turn in just as it would be your responsibility to catch any at pickup that you wanted to disclaim. Make no more statements to them. It is unlikely that this will go much further.

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  8. If your power of attorney for someone do you remain power of attorney if they pass away

    Answered about 5 years ago.

    1. David C. Garner
    2. Melissa Cari Marsh
    2 lawyer answers

    Powers of attorney expire at the same time that the person they cover do. Dead people do not have agents.

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  9. Is the university responsible for my homelessness after removing me from university apartment

    Answered about 5 years ago.

    1. David C. Garner
    2. Jonathan H Levy
    3. Richard Forrest Gould-Saltman
    3 lawyer answers

    It would be helpful to have more facts here (like the relationship of the apartments to the school, documents, lease and whatnot), but at a top level, you fell behind in paying rent. You then negotiated payment plan, presumably to catch up and stay current and fell behind on that. If you can't pay your rent you can't expect to live there. It's not your roommates fault because he chooses to move out rather than argue with you. It is difficult to imagine any "conduct review" or any other...

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  10. Should she plead guilt or what should she do?

    Answered about 5 years ago.

    1. Joseph Briscoe Dane
    2. David C. Garner
    3. Robert Lee Marshall
    3 lawyer answers

    I agree with counselor Dane. I would never plead guilty to something I felt I was not guilty of. A criminal record will follow you for the rest of your life. If the PD is suggesting a course your sister disagrees with, perhaps it is time to discuss the situation with her own attorney. It would be money well spent if it helps avoid a conviction.

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