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Timothy Murphy Phillips

Timothy Phillips’s Answers

16 total


  • What, if any, legal recourse can I pursue if nude photographs have been posted on the internet without my consent?

    Hoping someone can help me, or at least point me in the right direction. For more than 2 years, I've been dealing with a cyber stalker. This person has contacted members of my family via email and sent pornographic pictures of me that he obtaine...

    Timothy’s Answer

    The four types of privacy torts are (1) intrusion upon one's physical solitude or seclusion, (2) public disclosure of private facts, (3) false light in the public eye, and (4) appropriation of a person's name or likeness. See Forsher v. Bugliosi (1980) 26 Cal.3d 792, 808.

    To show intrusion upon your solitude or seclusion, you must show that the individual who harmed you "penetrated some zone of physical or sensory privacy surrounding, or obtained unwanted access to data about" you. Sanders v. American Broadcastings Co. (1999) 20 Cal.4th 907, 914-915. Breaking into a private account might amount to such an intrusion.

    Creating fake Myspace and Facebook pages apparently publicized private information about you that may not have been of legitimate public concern. It also seems that it would be offensive and objectionable to a reasonable person. See Moreno v. Hanford Sentinel, Inc. (2009) 172 Cal.App.4th 1125, 1129-1130. Thus, it might amount to public disclosure of private facts.

    Posting links to your photographs on a pornographic website and disseminating the link to your friends and family also appears to constitute public disclosure of private facts, and may have created a false impression about you. As a result, it might amount to false light invasion of privacy.

    The common law tort of appropriation, however, deals with a commercial benefit or some other advantage, which does not seem applicable here based on the limited information you provided.

    This information is provided for legal education only. It may not work for your specific situation. It is not legal advice, and I am not your lawyer; you have to find your own local lawyer to get legal advice and help with your problem.

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  • My 16 year old daughter was sexsual harrast at school by a 18 year old boy, he was kick out for a week, but will be back.

    We did file a police report. We are planing on fileing charges, but what will happen when that is done?

    Timothy’s Answer

    According to California Civil Code section 52.4, a physical intrusion or invasion of a sexual nature under coercive conditions is gender violence. Any person who has been subjected to gender violence may bring a civil action for damages against any responsible party. The plaintiff may seek actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. A prevailing plaintiff may also be awarded attorneys' fees and costs.

    If the victim is a minor, an action brought under this section of the Civil Code must be brought within eight years after the date she attains the age of majority or within three years after the date she discovers (or reasonably should have discovered) the psychological injury or illness occurring after the age of majority that was caused by the act, whichever date occurs later.

    This information is provided for legal education only. It may not work for your specific situation. It is not legal advice, and I am not your lawyer; you have to find your own local lawyer to get legal advice and help with your problem.

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  • How do i file a suit against the VPD for defammation of character, negligence, false arrest, harassment,etc...

    i was pulled over for no god reason the other day. The officer asked me to step out of the car and then he handcuffed me.while this was happening my dog jumped out of the car and wandered off into traffic. i asked the officer to get her or to let ...

    Timothy’s Answer

    I am sorry to hear about your loss.

    Defamation is the act of harming the reputation of another by making a false statement to a third person. From what you described, it does not appear that you have a cause of action for defamation.

    The officer's conduct, however, will be found to be negligent if he was subject to a duty of care to avoid causing physical harm or distress, his behavior did not comply with the standard of care to be exercised by reasonable persons, and his conduct caused your dog to be hit on the road.

    Whether you were falsely arrested depends on whether your seizure was predicated on particularized probable cause. See Ybarra v. Illinois (1979) 444 U.S. 85, 91. Finally, as to harassment, you might have a cause of action for violation of your civil rights if the officer interfered by threats, intimidation, or coercion with a right guaranteed by any state or federal law or constitutional provision. See Cal. Civ. Code. section 52.1.

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  • How long does the EEOC have to investigate my Sexual Harassment charge?

    I'm the victim of sexual harassment and I filed appropriately with the EEOC, approximately 1.5 years ago. I am not very satisfied with the progress of my case. My co-worker showed me a pornographic video, harassed me daily by making sexual gestu...

    Timothy’s Answer

    If you ask for a notice of right to sue, the EEOC will close your case and take no further action. So before you ask for a right to sue letter, you should make sure there is an attorney who will represent you as to the sexual harassment you experienced. Otherwise you run the risk of the EEOC discontinuing its investigation and no one else picking up your case.

    In addition, once you receive a notice of right to sue, you must file your lawsuit within 90 days. If you do not file in time, you may be prevented from going forward with your lawsuit.

    This information is provided for legal education only. It may not work for your specific situation. It is not legal advice, and I am not your lawyer; you have to find your own local lawyer to get legal advice and help with your problem.

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  • Today i was injured by an irate parent who confronted me at work.now what?

    i'm a teacher and this parent just came up to me w/o following school visitor rules and began harrasing me over their kid. i asked her to go to the office for assistance and she pulled the door so hard it hurt my arm, i am in pain

    Timothy’s Answer

    If the parent (a) touched you or caused you to be touched with the intent to harm or offend you, (b) you did not consent, (c) you were harmed or offended, and (d) if offended, a reasonable person would also have been offended, then the parent likely committed a battery.

    Even if pulling a door cannot be deemed a harmful injury, the pulling of a door that was touching you could be deemed an offensive touching, and a battery is defined as a harmful of offensive touching. See People v. Puckett (1975) 44 Cal.App.3d 607, 614-615. Notably, a touching is offensive when it offends a reasonable sense of personal dignity.

    If, before she harmed you, the parent also put you in reasonable fear of being touched in a harmful or offensive manner, then the parent likely also committed an assault.

    It is important to document any injury and keep your documentation in a safe place.

    Disclaimer: This information is provided for legal education only. It may not work for your specific situation. It is not legal advice, and I am not your lawyer: you have to find your own local lawyer to get legal advice and help with your problem.

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  • Civil Rights lawsuit - Corona. CA (Riverside County)

    Is there a statute of limitations on civil rights lawsuits against a police department / police officers. Are there any good civil rights attornies in the Riverside County area?

    Timothy’s Answer

    The following is specific to California. The reader should consult a local attorney about the deadlines that apply in his or her particular case, even in California, because - for example - certain exceptions might apply in particular cases.

    State law claims deadline: in order to preserve your right to file a lawsuit later for violations of state law, you must file a 'tort claim' within six months of the incident. See Cal. Government Code section 910 and the following sections. After the municipality rejects it or waits more than 45 days without acting on it, you have six more months to file a lawsuit based on state law claims.

    Federal law claims deadline: you have two years from the date of the incident to file a lawsuit including federal claims. See Abreu v. Ramirez (C.D. Cal. 2003) 284 F.Supp.2d 1250.

    This information is provided for legal education only. It may not work for your specific situation. It is not legal advice, and I am not your lawyer; you have to find your own local lawyer to get legal advice and help with your problem.

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  • Is the landlord required to replace my oven if it does not work? The burners light but only halfway and leak gas while there on.

    We just moved into the apartment and checked the stove after the landlord had left. We tried all four burners and only one works fully the other three either do not turn on or half of it turns on but the rest is leaking gas. Which you can smell th...

    Timothy’s Answer

    Minnesota law requires that every landlord keep each unit in reasonable repair. This requirement cannot be waived, meaning the lease agreement cannot say that the landlord has no duty to repair and maintain the rental unit. See Minn. Stat. § 504.18(1)(b). The landlord and tenant can agree that the tenant will do certain specific repairs or maintenance, but only if the agreement is in writing and the tenant receives something adequate in return (for example, a rent reduction or a payment from the landlord for the work). See Minn. Stat. § 504.18(2).

    If a tenant has trouble getting a landlord to make necessary repairs in a unit, there are several steps the tenant can take. For example, he or she can ask that the unit be inspected by the local inspector. See the link below for an explanation of each option available to you.

    http://www.tenant.net/Other_Areas/Minnesota/hb2.html#ch13

    This information is provided for legal education only. It may not work for your specific situation. It is not legal advice, and I am not your lawyer; you have to find your own local lawyer to get legal advice and help with your problem.

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  • Waiting Time Penalty for company in Chapter 11

    My employer filed for Ch 11 Bankruptcy and not paid my last salary for more than 30 days in California. Can I claim Waiting Time Penalty ??

    Timothy’s Answer

    If an employer discharges an employee, the employer must pay the wages earned but unpaid immediately. If an employee resigns, the employer must pay all compensation due and owing within 72 hours of resignation, or - if the employee gives more than 72 hours' notice of resignation - on the employee's last day of work. If an employer willfully fails to pay such wages when due, the employee's wages continue at the same rate - as a penalty - from the due date until they are paid (or until suit is filed), but not for more than 30 days. See California Labor Code sections 201(a), 202(a), and 203(a).

    This information is provided for legal education only. It may not work for your specific situation. It is not legal advice, and I am not your lawyer; you have to find your own local lawyer to get legal advice and help with your problem.

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  • Terminated while on maternity leave

    I was terminated two days before my three months of pregnancy leave. They then asked me to write up a resignation letter in order to get a good reference which I did. However, I do have an email where they are letting me go before the 3 months l...

    Timothy’s Answer

    Discrimination on the basis of "pregnancy, childbirth, or related medical conditions" is considered sex discrimination under Title VII of the Civil Rights Act of 1964 and California's Fair Employment and Housing Act. To show pregnancy discrimination, one must be able to show both (1) that the employer knew that she was pregnant, and (2) that the employer acted with a discriminatory motive based on her pregnancy. As pregnancy discrimination violates Article I, Section 8 of the California Constitution, even employers with fewer than five employees are subject to tort liability for wrongful discharge in violation of public policy if they fire an employee because she is pregnant. See Badih v. Myers (1995) 36 Cal.App.4th 1289, 1293.

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  • Can my employer deduct money from my last paycheck?

    I was given a key to the shop when I began working, and was told if lost or stolen that I would be responsible for the replacement cost. I stopped working for this company, and went out of town so they couldn't get ahold of me. When I called to re...

    Timothy’s Answer

    California, as a general rule, requires that employees authorize all deductions from their paychecks. Deductions are generally permissible, however, when it comes to taxes, health insurance, union dues, and pensions and health savings accounts. But California law does not allow employers to deduct money from wages to pay for damages to company equipment unless an employee's actions were willful or, at the very least, reckless. See Cal. IWC Orders section 8.

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