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Charles Richard Perry
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Charles Perry’s Answers

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  • What do I do if I send a business payment and they never sends the products? I live in FL and the business is in CA.

    I sent a business a payment of $4200 with another $600 due upon on delivery of product, for a total of $4800. The products were to be delivered in 2 weeks. I sent a bank draft in his name from my credit union via USPS with tracking. He acknowled...

    Charles’s Answer

    A typical process here is to write a formal demand letter, asking either for a full refund or delivery of the product. If you receive no response, you would typically sue in small claims court for the amount of your loss. You may have to sue in California, however, as I do not know if Florida small claims court allows you to sue an out-of-state defendant.

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  • If at our final hearing the Judge signs Petitioner's horrid Final Judgment, can I present a motion for stay of execution then?

    A final hearing is coming up, and if Judge goes ahead and signs the incomplete, mistake-ridden, self-contradicting Final Judgment that attorney threw together in 10 minutes, I plan to file an appeal immediately, but also want to stop other side fr...

    Charles’s Answer

    You could certainly prepare the papers and serve them right there in court, but it is extremely doubtful that the Court will hear your ex parte request that day. Ex parte proceedings require service a certain amount of notice before the hearing on the papers.

    You can also advise the Court at the hearing that you intend to seek a stay of execution, and ask if it will issue a short temporary stay until your stay request is heard -- that is up to the Court. Indeed, other counsel may stipulate to that, if the stay until the hearing is quite short.

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  • Can I sue for emotional distress?

    I was granted a TRO against my husbands ex mistress who is now my coworker. At the hearing the judge denied it because she hasn't physically attacked me and there were no threats of violence. I have multiple medical documentation supporting the fa...

    Charles’s Answer

    The fact that you have suffered emotional distress is insufficient. You must also show either outrageous intentional conduct directed toward you, or one of the narrow sets of facts for negligent infliction of emotional distress described by one of my colleagues. It's impossible to evaluate your situation without knowing what this other person did. You should speak to a personal injury lawyer, or one that specializes in restraining orders, for assistance.

    Please do not post those facts in response to this post. We cannot evaluate facts and give you opinions in a public forum. You really need to speak to an attorney directly, and in a professional and confidential setting.

    Best of luck to you.

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  • Can a college ("government entity") be sued for tort claims?

    I'm suing a college for negligence, defamation, IEDD, retaliation, harassment and breech of good faith & fair dealing. An instructor failed to communicate all class assignments upon being asked about them several times; but she did say "yours are...

    Charles’s Answer

    • Selected as best answer

    There are procedural steps that you must take before suing a governmental entity, including filing a claim with that entity and having that claim denied. Your claim will be dismissed if you failed to file the claim. The procedure is set forth in the California Tort Claims Act in the Government Code.

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  • Why would a judge in California deny a motion to augment the record in a lawsuit if we followed the code of civil procedure ?

    My lawyer filed on my behalf a lawsuit for breach of contract against my former employer. The opposing lawyer refused to stipulate to adding key relevant documents to the record. We filed a motion to augment the record. A hearing date has been set...

    Charles’s Answer

    The judge could deny the motion if the additional evidence would unfairly prejudice the other side. This could happen if the other side was surprised by the evidence and did not have an ability to contest it at trial.

    Following procedure is usually not enough to guarantee that the motion will be granted. You should look at the other side's opposing papers, to see the reasons why they think the motion should be denied. You should also ask your lawyer this question.

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  • Is it proper to include in same discovery request both a request for production of documents and demand for inspection of land?

    I need to send both an request for production of documents and a demand for inspection of premises. They can either mail the docs to me or meet at a copy store as specified. The land inspection will be at another site and on another date. I want ...

    Charles’s Answer

    The statute does not require them to be in separate documents. If you put them together, be sure that the separate dates for the inspection of documents and inspection of land are clear.

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  • Subpoena in foreign lawsuit

    If I have a matter pending in a foreign jurisdiction, how easy is it to issue a subpoena to Google in California? What are the costs? The foreign court will not issue the subpoena since it is not acceptable to issue 3rd party subpoenas here.

    Charles’s Answer

    It's complicated, but it can be done. A lot depends on the country where the other case is pending, and what treaties exist between that country and the US. Often you need to get the foreign court to get letters rogatory, and send them to the Department of State. Eventually the appropriate federal court will issue a subpoena. This can take months to accomplish, however.

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  • I filed a notice of motion to quash or modify subpoena, it is on Thursday. Defendants just called & want me to reschedule.

    I am in a personal injury civil case, I just received a voicemail from defendants attorney who would like for me to reschedule the hearing. They did not send out an opposition on the subpoenas. So, I was hoping there would be no issue. A couple ...

    Charles’s Answer

    You can stipulate to continue the hearing, or you can decline and have the hearing go forward. If you stipulate you can state that the increased time does not give the other side the right to oppose the motion,

    Defendants will likely argue they should be entitled to at least oppose the new exhibits, and may ask the Court to continue the hearing. It is then up to the judge to decide what to do. Most likely, he or she will allow some opposition to the new exhibits.

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  • Can I sue my job?

    I refused to get off my phone when asked by my lead during a briefing. Afterwards he approached me aggressively and proceeded to say disrespectful & inappropriate things. I told my supervisor & lead about the situation and they have moved me from ...

    Charles’s Answer

    Assuming you are an at-will employee, I see no basis for any action against your employer. Your company has the right to change your position as it likes, and for any reason that does not violate certain specific laws, including discrimination laws based on race, sex, and other categories. I see no possibility that any such law was violated, based on your message.

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  • Can I sue my local post office & or my postman? If so how?

    On june 8,2016 my purex liquid laundry deturgent box was tossed over my fence into my yard with 2 german shepards by usps postman while nobody was home. My dog Tore open the box & punctured holes into the container & consumed the purex. my dog has...

    Charles’s Answer

    You would need to file a formal claim with the Post Office pursuant to the Federal Tort Claims Act, using federal form SF-95. You should be able to find the form online.

    I would not put much hope on the claim, however. Your damages are based on your dog's illness. It is unlikely that it would be given a significant value -- even if you can prove negligence and foreseeability of injury.

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