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Tomas Michael Flores

Tomas Flores’s Answers

66 total


  • If books, articles, documentations with owner's consents to be downloaded from web, or third parties's consent in this regard.

    If books, articles, documentations with owner's consents to be downloaded from web, or third party's consent in this regard. Can we use those material in full context or partial in a book to be written covering those issues?

    Tomas’s Answer

    No. Consent to download does not necessarily equate to consent to distribute, or create a derivative work in a book. Your attorney would contact the owner of these works and offer to purchase a license.

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  • Is this a legal website idea?

    I'm thinking of making a website where users upload pictures of bureaucrats/government workers/public servants and complain about them and how they were screwed over by them. If they don't have a picture they can still choose a location of where t...

    Tomas’s Answer

    You are going to need a thorough, and lengthy end user license agreement (EULA) for people who use this site. Before you proceed, you should have an attorney prepare a defamation/slander liability and tort disclaimer letter that will advise you on your potential exposure for running this type of web site.

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  • Civil demand from Sears.I've paid $250 dollars,I owe 100, Should I pay it?Diff. on this letter is its says "case very delinquent

    Need more advice on what to do. Dont know if they will sue me for $100. Is it just a threat? Or they are actually thinkng of suing me if i dont make this payment,

    Tomas’s Answer

    Is the demand from a shoplifting accusation, or an alleged debt of some kind? Is there a case pending? An attorney would have to look at all of the documents in this case to make a determination of what you should do.

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  • Possible restraining order and leaving state?

    Two questions. Last wednesday my son's father hit me. I reported to the police and I will go on Monday to obtain a restraining order. I want to know how long before I obtain one? When I do obtain one I am planning to move out of state. Will there ...

    Tomas’s Answer

    To answer your question of how long before you obtain one, the answer is not at all - emergency protective orders (EPOs) can be issued almost immediately.

    Your custody question is a little more complicated as it requires a special order for moving the child out of the county. This hearing will take place in a different court entirely than the criminal court. The criminal judge is not going to know anything about the family law issue - he or she is only going to rule on the underlying criminal issue. In this instance, you're going to have to bring the move away issue in family law court which is best done by an attorney.

    -Tomas M. Flores, Esq.

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  • Me negaron renovar Sentri por DUI en el ano 2007. En la informacion recibida aparece (FBI1#458619WC1)

    No hubo accidente involucrado, ni suspension de Licencia., primer ofensa. Si atendi escuela y trabajo voluntario. Se puede apelar para tratar de lograr la Sentri:

    Tomas’s Answer

    Qué pena. Lamento lo que pasó.

    Puede ser posible renovar si usted es capaz de borrar el DUI de su registro. En Ingles, se llama "expungement."

    El archivo del FBI esta probablemente el resultado de una investigación sobre la Sentri. Sin embargo, la Sentri es un asunto federal que puede haber sido revocada debido a la cuestión California. Se trata de dos sistemas diferentes.

    -Tomas M. Flores, Esq.

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  • How is one to prepare a non Clets R.O.? There is no form....

    Told to reduce my TRO clets into a non Clets order, but to add custody/visitation to the standard FL 130.

    Tomas’s Answer

    Who told you to reduce your TRO CLETS to a non-CLETS? Is the custody and visitation part of a settlement, or is there a court order?

    I would caution you against attempting to litigate your own restraining order case. CLETS orders can affect your visitation, secret clearance, and possibly your military career. Please contact an attorney on this matter well in advance of any hearing dates.

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  • Permanent Restraining order in a divorce case

    My husband filed a divorce case in the Court in CA (USA). Because of life threats, abuses etc the Court has granted temporary restraining order against him valid for a week. How to get this order converted into permanent order. Am I entitled to ch...

    Tomas’s Answer

    I'm sorry this happened to you. You may be entitled to a permanent restraining order, and child support under California law.

    Child support may be sought in an action under the Domestic ViolencePrevention Act (DVPA) (Cal. Family Code §§6200-6409). California Family Code §6341(a); §§1.49-1.50. If a court makes a child support (or custody or visitation) order in DVPA proceedings, that order survives the termination of any protective order. Cal. Family Code §6340(a).

    If you want a permanent restraining order against this person, your attorney would file the application for your and represent you at the trial.

    -Tomas M. Flores, Esq.
    (760) 410-8356

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  • Looking to create an educational seminar on buying and selling stocks. Also educating the consumer about stock options

    As a business owner I am looking to put together an educational course / seminar on buying and selling stocks . Also educating the consumer about stock options / fundamental and technical analysis . I am not going to be suggesting buy XYLIA or...

    Tomas’s Answer

    This question is very fact specific. The best idea is to spend a few hours with an attorney, and have him or her look over what you're teaching. There's also the issue with you pushing other people's financial services and products. In some areas, there are laws that prevent kickbacks or referral fees, and sometimes you have to disclose said arrangement. And, if these people lose your students' money, you may be liable for advising that they hire that person. With the correct set of disclaimers, and company structure, it is likely that you may adequately protect yourself.

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  • This question is regarding California ABC Law and Liquor License applications and structure.

    An Individual has filed a California single member LLC . He opened a restaurant / bar in Los Angeles , but has taken on more than 10 investors . He purchased an Inter - County transfer Liquor License . On paper and on file with the ABC , it...

    Tomas’s Answer

    A license revoked because it was issued by fraud (e.g., license applicant lacked claimed credentials or cheated on qualifying examination) cannot be reinstated, given the legislative intent to eradicate such licenses. Rinaldo v Board of Med. Exam'rs (1947) 82 CA2d 213, 217, 186 P2d 26.

    A new partner may not be admitted to a general partnership conducting a business holding an alcoholic beverage license(see California Business & Professions§24071) without complying with the transfer requirements of California Business & Professions §24073. See also California Business & Professions Code §§23405.1-23405.2 for limited partnership and limited liability company requirements.

    -Tomas M. Flores, Esq.
    (760) 410-8356

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  • To get a restraining order off do they ask why?

    I got one on myex boyfriend two years ago and he even went to jail but now he's out he's been seeing his daughter thru my mom and i really want to remove it but i know there gonna ask why i wouldn't know if anything that i say will affect him

    Tomas’s Answer

    The short answer is yes - the judge is going to ask why the Court should lift the restraining order. Some judges are hesitant to lift some restraining orders if the conduct is outrageous or violent. If you really want to get this done, spend an hour with an attorney so he or she can instruct you on what to do in order to get the restraining order lifted.

    -Tomas M. Flores, Esq.
    (760) 410-8356

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