Archived
Are the doctrines of Res Judicata and Collateral Estoppel spelled out in California Law? If so, what are the relevant codes?
Gary's answer
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Answered on April 30, 2014
They are a product of case law, not statute. For example:
Under California law, res judicata, or claim preclusion, bars relitigation of a...
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Archived
Do I have any legal obligation to cut my neighbor's tree roots that are infringing into my yard, or should I do nothing?
Gary's answer
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Answered on April 30, 2014
You are legally able to trim overhanging branches up to your property line. As far as roots go, I would expect the same rights, but haven't...
Archived
My dog was bitten by another dog in a public park. Both dogs were off-leash. Signs posted in the park say dogs must be leashed.
Gary's answer
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Answered on April 30, 2014
Since you were both in violation of the leash law, and the bite would not have happened if they were leashed, you are both negligent "per se". I...
Archived
Last week I had a court appearance for my dog being off leash Judge says it doesn't make sense to him
Gary's answer
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Answered on April 30, 2014
You probably should have objected to the officer's testimony on the grounds of incompetency; he had no personal knowledge that your dog was off...
Archived
How can someone live in a forclosed home that has been auctioned off?
Gary's answer
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Answered on April 30, 2014
They can live there until the owner has them evicted. Report their attack dogs to Animal Control.
Archived
What do I do with the money an internet scammer gave me?
Gary's answer
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Answered on April 30, 2014
The check is probably counterfeit or NSF. You could ask your bank to investigate whether it is real or not. Scammers often send a check that is...
Archived
A company called United Legal is stating I have a case against me in Baltimore City P42776 is the case number
Gary's answer
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Answered on April 30, 2014
This sounds like an unscrupulous debt collector's routine. I would ignore it.
Archived
Verbal contract car deal
Gary's answer
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Answered on April 29, 2014
I would say no. She got 2000 dollars use out of it -- if it had been rented to her it would cost her more. If you think she overpaid, figure out...
Archived
I have points with Shell Vacations Club (Timeshare) and want to get out of my contract.
Gary's answer
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Answered on April 29, 2014
Creative thinking! If you can sell it to her and get yourself off of the deed or whatever they use for title, your plan will work. However, Mom...
Archived
Is a free individual able to reject a unilateral contract for failure to foreclose all knowledge of the contract or for error
Gary's answer
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Answered on April 29, 2014
Come on. You signed it. And don't forget to pay your taxes and license your car.
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