Archived
Does diversity between the plaintiff and defendant to a civil action involving damages in excess of $75K
Michael's answer
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Answered on August 26, 2016
In general, yes. If there is complete diversity, and the amount in controversy exceeds $75,000, then federal courts have jurisdiction under 28...
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Non-disclosure agreements: imposing a perpetual obligation to protect trade secrets even after termination?
Michael's answer
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Answered on August 26, 2016
Technically, an NDA can require that you not disclose trade secrets indefinitely. In reality, most trade secrets are either no longer secret or...
Archived
What legal action can I take against my boss/company?
Michael's answer
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Answered on August 24, 2016
In order to pursue a claim, you would first have to file a DFEH administrative complaint within one year of the last act of harassment. Once that...
Archived
Am I being treated as an employee or independent contractor?
Michael's answer
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Answered on August 24, 2016
A lot of so-called independent contractors are actually employees who have been improperly classified. There is not enough information in your...
Is it worth sueing a employer for abusing an employees work hours and lunch times?
Michael's answer
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Answered on August 24, 2016
If you are a nonexempt employees, and your workday started at 10 PM, then you would be entitled to overtime in the example you stated....
Defendant fraudulent misrepresentation results in default set aside. New evidence proves fraud. Can default be re-entered??
Michael's answer
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Answered on August 24, 2016
My colleagues have already correctly stated the general rule that courts prefer to decide cases on their merits. I will give you a specific example...
Archived
Can I sue pro se when plaintiff is LLC
Michael's answer
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Answered on August 18, 2016
No. An LLC must be represented by an attorney. Furthermore, unless misrepresentations were made to you, you cannot state a claim for fraud even...
Husband is a W2 employee but gets paid a flat rate?
Michael's answer
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Answered on August 17, 2016
What you are describing is illegal. I have seen this many times before. Your husband's employer is attempting to get the benefits of the...
Tenant assault
Michael's answer
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Answered on August 15, 2016
A landlord has a general obligation to insure that a tenant has quiet enjoyment of the leased permises; being harassed by another tenant certainly...
Archived
What kind of motion in limine would i need?
Michael's answer
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Answered on August 14, 2016
In limine motions are generally used to exclude evidence. Although you can use an in limine motion for other purposes, most judges will tell you...