I paid $10000 back I December 2008 when they told me my 5 percent buy in would be $6499.97. That is 54 percent interest that I bought in at if my calculation is correct. They took my money but never gave me my paperwork or ever gave me my distri...
According to the California Secretary of State's website, ABS Seafood, Inc. is a California corporation that was formed in September 2004. You should contact a lawyer experienced in litigating corporate ownership and governance disputes, who can review any documentation that you have that supports your claim of ownership (emails, letters, cancelled checks, etc.) and advise you accordingly. In addition to your claim of ownership, there may also be rights and obligations as the company's employee that must be addressed. In that regard, you will want to provide any lawyer you consult with a copy of any employment agreements, correspondence, and other written documents that can shed light on your legal relations with the company. Feel free to contact the business lawyers at Judd Law Group LLP to see how we can be of assistance.See question
I had arbitration against my ex lawyer. I won the arbitration yet the arbitrator was incorrect in his findings (19 incorrect assumptions) so I filed with LA Superior Court 17th June 2012. I've been told by the court I need to file a Motion and the...
California Courts have jurisdiction to confirm arbitration awards to allow a prevailing party to obtain a judgment, which is often essential to being able to collect on an award. Although the California Courts have jurisdiction to vacate an arbitration award, they rarely do so. Indeed, the California Supreme Court has said that arbitration awards are "immune" from judicial review (Moncharsh v. Heily & Blase 3 Cal. 4th 1 (1991)). Code of Civ. Proc. sec. 1286.2 sets out the grounds for vacating an arbitrator’s award: (1) corruption, fraud, or other undue means; (2) arbitrators exceeded their powers; (3) substantial prejudice caused by arbitrator’s refusal to continue the hearing or to hear material evidence; (4) misconduct of the neutral arbitrator; or (5) failure to comply with disclosure requirements.
I can't tell from your question whether the "incorrect assumptions" were things like math errors (which can be corrected) or what you consider to be misunderstood evidence, or the failure to refer to evidence that you consider crucial. Under California law, the arbitrator may correct an award for errors in form not affecting the merits of the decision or where there is an “evident miscalculation” of figures or a mistake in the description of any person, thing or property referred to in the award (CCP sec. 1286.6). An arbitrator cannot reconsider or reinterpret the evidence on which the award was based. But even awards that are "merely erroneous" must be confirmed. Moncharsch, If you believe the incorrect assumptions fall within the items identified in CCP sec. 1286.6, you should ask the arbitrator to correct the award.
Bottom line -- unless you want to confirm the award to obtain a judgment so that you can obtain a lien, there is rarely any reason to file a petition in Superior Court. You should consult with a lawyer.See question
A friend and I were planning on getting a place together. In order for both of us save more money for the new place, my friend offered to store ALL of my personal possessions at her house. I contacted her a week later to come by and see my things,...
The law refers to the agreement you describe as a "bailment." As the bailee, your friend has the unqualified obligation to re-deliver your personal property to you, and the failure to do so is called "conversion." Although you can sue to recover your possessions, and even though a small claims action can be accomplished without lawyers, relatively inexpensively and quickly, simply obtaining a judgment does not ensure that your property will be returned quickly or easily, and you may have to arrange for a deputy sheriff to execute the order of possession. In other words, litigation should always be a last resort. The Santa Clara Superior Court has a Small Claims Advisor who can help you file a claim in small claims court, if you decide to go in that direction. Here's the link: http://www.scscourt.org/self_help/small_claims/small_claims_advisor.shtml.
In any event, it is always a good idea to attempt to resolve this issue voluntarily. After talking with the Small Claims Advisor, you should send your friend a letter (certified, return receipt requested)explaining that you would like to recover your possessions, asking her to set a mutually convenient time that you can do so, and letting her know that her continued refusal to return your property will leave you no choice but to sue in small claims court. Give her a firm deadline to respond, and let her know that if she doesn't respond by that date and time, you will sue her to regain possession of your property and ask the court to require her to pay the costs of doing so. Good luck.See question
The services we provided is we billed a website to aide in selling of vehicles the dealership paid us for about 9 months and then began to get behind in their bills we contacted them continuosly and was only getting promises. We then ceased billin...
While there is little question about whether you can sue the NJ dealership in SF Superior Court (yes, in a "limited jurisdiction" suit), the more important question is whether it will be worth the money to do so. Other lawyers have pointed out the potential problems collecting on a California judgment from a NJ company -- assuming it has the assets and/or revenue to pay and is either unable or unwilling to declare bankruptcy: But no one has yet discussed whether a lawsuit makes business sense. A competent collections lawyer will first want to determine if there is an entity or person that can be served and is capable of making good on a judgment, and complying with debt collection laws can be tricky and expensive. Oftentimes it makes more sense to turn the matter over to a collection service. If you decide to go the lawsuit route, however, you should consult with a qualified collection lawyer.See question
no previous history
Yes. California's sex offender registration law (Penal Code sec. 209) requires any convicted of a sex crime, including a conviction for indecent exposure (Penal Code sec. 314) to register with the police chief of the town in which you live or attend school for as long as you're in California.See question
what has to be proven for "Equitable" to applied, and can it be use to over turn a statute of limitations civil right claim?
I assume you're asking about the "equitable tolling doctrine," which can extend the statute of limitations period for claims that, through no lack of diligence on the part of the plaintiff, go undiscovered or are affirmatively hidden by the defendant. Without knowing the facts of your situation, it's hard to imagine how a civil rights injury could go undiscovered. I agree with the first answer: You need to consult with an attorney to get some real legal advice.See question
My location: CA Recruiter/ Vendor's location: CA My ex employer's location: NJ My ex employer sued me and my recruiter for whatever the reason. When they sent us the summons it had only one docket number and the case was filled against me ...
If your vendor (recruiter?) served you with a summons for the cross-complaint against you, the failure to respond by answer or demurrer within the deadline will expose you to the potential for a default judgment to be entered against you, without regard to the dismissal of the original action. The foregoing is not legal advice, but rather is general information that may apply to your situation. By providing this information, Judd Law Group has not entered into an attorney-client relationship with you: An attorney-client relationship with Judd Law Group will only be established once a written engagement letter has been entered into, a check has determined the absence of any conflict of interest, and all other contractual conditions have been met.See question