...the process for filing a small claims lawsuit in Santa Clara County. According to the Santa Clara County Superior Court of California website, small claim courts are courts in which plaintiffs can resolve their disputes in the quickest, easiest, and cheapest ways. Small claim courts also have procedures which are straight-forward as well as an informal hearing as part of their process. The form which the plaintiff obtains to file a small claims court against another person, also known as the defendant, is on the website for the California Judicial Branch. When you go to that website, you go to the “Forms and Rules” tab and click on the link for the “Browse All Forms” page. There, you go to the...
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...App. LEXIS 8426 (7th Cir. 2011 Unpub.) UNITED STATES of America, Appellee, V. Marcus CURLIN, Appellant No. 10-3033 History Marcus CURLIN was ordered by the Small Claims Court judge to vacate the property due to failure to pay rent. At the time of the eviction the deputies observed firearms in the house and Curlin was charged with possession of firearms due to earlier felony convictions which bar him from owning firearms. The defendant attempted to suppress the evidence on the plain-view doctrine and the violation of privacy, under the 4th Amendment to the Constitution, as the deputies entered his premises without a search warrant. The Seventh Circuit Court affirmed the decision of the trial court by denying the motion to suppress. Facts On October 17th, 2008, Curlin’s landlord filed a small claim action against Curlin, seeking possession of Curlin’s leased residence for failure to pay rent. The Notice of the Claim for possession of Real Estate and Summons were served on Curlin by mail and by delivery to his residence, however Curlin failed to appear before the Court as ordered. Due to Curlin’s failure to appear, he was the served with a second notice to appear before Court on the next date but he again failed to appear. Small claim court entered a judgment in favor of landlord. The clerk of the court based on the order issued an eviction order, ordering Curlin to vacate the property on or before 6:00 p.m. on Nov. 17, 2008. The order also authorized “any Constable...
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...1. The small claims court I researched is Madison County, Alabama. http://www.madisoncountycircuitclerk.org/smallclaims.htm 2. There are different charges depending on the dollar amount of the claim. Below is the fee schedule: Small Claims (under $1,500.00) $63.00 Small Claims (under $1,500.00 if defendant is to be served by the Madison County Sheriff) $83.00 Small Claims (from $1,501.00 to $3,000.00 $141.00 Small Claims (from $1,501.00 to $3,000.00 if defendant is to be served by the Madison County Sheriff) $161.00 Additional Defendant $10.00 (add an additional $20.00 for each person to be served by the Madison County Sheriff - along with the $10.00) Additional Plaintiff Small Claims and District Civil $50.00 (Max. $500.00) 3. The maximum dollar amount allowed in a small claims case in my state is $3,000.00. 4. Individuals can represent themselves with or without an attorney. 5. The following information is required to be included: plaintiff name, defendant name, plaintiff and defendant’s home address, plaintiff’s attorney, additional defendant’s and addresses, complaint information (sum of small claim being file and reason small claim is being filed.) and the date of the filing. 6. I learned the fee schedule for filing a claim in the small claims court as well as the maximum dollar amount allowed in a small claims case. You do not have to have an attorney. I thought you would have to...
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...remedies and Acts set by the government protect the consumers and resolve a problem in case of breach of contract. I will also explain the features of the courts process; Woolf reforms, track system, small claims court, county court and time limits- stating the strengths and weaknesses of each. The remedies available, protect the consumers quite well in the event of breach of contract as the injured party is able to claim for damages and gain some form of compensation for the loss of the contract; this is an advantage of a remedy, it makes sure that the injured party does not lose out, however not all remedies are designed to protect the customers; Mitigation of loss protects the business by stating that the customer has to inform the company about any damage or defect as soon as possible and not let the situation get worse, as the business would then have to pay a lot of money for something that was a customer’s fault for not notifying the business on time. Rejection is yet another remedy that protects the consumers by giving them the right to reject the entire contract if the business fails to deliver their product or service on time. This is very beneficial for the customer as they might need the product/service at a certain time and not any later, therefore they are not obliged to accept it. An injunction is an order by court which protects the consumers and requires the party at fault to stick to the contract; injunctions enforce promises that have been agreed upon at the...
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...message to Billie Trickey via facebook as she has ignored my verbal conversations with her, and in the message it said Billie I don’t mean to sound like a bitch but I need the money you owe me, I am trying to go to my son’s graduation and I need that money, it has been six months since you borrowed it and you have made no effort to pay it and I need it. You come in to work talking about the new things you have been getting and the things you are doing and I am sick of hearing it when you owe me money. If you do not make effort to pay me, I will have to take it to small claims court. I wrote it to her with a witness sitting next to me seeing what I wrote, I can not be precise in what I said I did not think I had to save a private message I wrote to her , in hopes of collecting the money she had owed me for 6 months. I was not threatening in any way other than to say that I would file a claim in small claims court. I also had been having a very bad week , about a month ago, and posted on my wall on facebook that people owed me money, and I got in a car accident, and I had a broken finger, etc. no names were mentioned and that was the extent of my comment. I then came in the next day and was talking to another coworker, ten feet from where Billie was sitting, and telling her how I posted that and that I had called the person I was talking about and had a conversation with him about how I needed the money he owed me, that I was a nice enough person to help him out and he knows...
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...of the fire, I was without the use of my car for three days and had to rent a car to get to work. I enclose a copy of an invoice for the rental cost of $345. In a recent phone conversation, you claimed that the fire wasn't the result of your negligence and would have happened anyway. You also claimed that, even if it was your fault, I should have brought my car back to your garage so you could have fixed it at a lower cost. As to the first issue, Peter Klein of the ABC Garage is prepared to testify in court that the fire occurred because the fuel line was not properly connected to the fuel injector. Second, I had no obligation to return the car to you for further repair. I had the damage you caused repaired at a commercially reasonable price and am prepared to prove this with several higher estimates by other garages. Please send me a check or money order for $1126 on or before July 15. If I don't receive payment by that date, I'll promptly file this case in small claims court. You may reach me during the day at 210-555-2857 or in the evenings until 9 p.m. at 210-555-8967. Sincerely, james daniel...
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...requirements or conditions and the employee becomes unsatisfied with these changes they can either opt to work with the employer to fix the issues, and/or quit. In a court of law it can be very hard to prove an undesirable working environment due to the fact that everyone sees things differently and physical evidence is needed. No employer tries to discriminate against employees, however it can happen inadvertently. Constructive discharge can occur when an employee feels forced to quit because their working conditions are, or were made so unbearable that no reasonable person would stay. (Merriam-Webster, 2012) This usually includes but is not limited to hazards to life or limb, harassment, and negative change in pay or benefits. In many companies the employee must first attempt to speak with or notify the employer of issues they are having and allow time for the employer to rectify the situation while still employed for their claim to hold up in court (The Gale Group, 2002). Constructive discharge has, in recent years, became more prevalent in court cases where individuals quit their jobs and are suing former employers. Unfortunately the definition of constructive discharge allows for a vast interpretation of what constitutes unbearable working conditions. There have been multiple cases, similar to each other, but in different court systems throughout America, that all seem to end differently. Outcomes are based on what evidence is presented and who...
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...Case Analysis #1 Sport Law Nick Wisner njwisner@eiu.edu Marucci Sports, L.L.C., Plaintiff, v. National Collegiate Athletic Association; National Federation of State High School Associations, Defendants. No. 13-30568 United States Court of Appeals for the Fifth Circuit May 6, 2014. Introduction Marucci Sports, LLC brought action against the National Collegiate Athletic Association (NCAA) and National Federation of State High School Association (NFHS) for allegedly segregating their company by not allowing Marucci to sell their non-wood baseball bats in the market. By doing so, this put new companies at a large disadvantage, and gives them little chance to succeed against larger companies such a Louisville Slugger, DeMarini, Easton and Rawlings. Complaint Marucci Sports, LLC is a bat manufacturer that tried to enter the large company competition. In order to legally sell sports equipment in the market, your product must pass the Bat-Ball Coefficient of Restitution Standard (BBCOR Standard) once a year. The first year that Marucci entered their product, which was an aluminum bat, to be tested was in 2010. When the bat was first submitted for testing, several bats passed the test. The following year when Marucci entered their product for yearly testing in 2012 there were four bats that did not pass the compliance test. The following year the bats were retested and again, were...
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...This paper synthesizes the basic facts of United Stated vs. Dube. It explains the role of lay witness testimony, and distinguishes from expert witness testimony. Moreover, it addresses potential problems with lay witness testimony. Finally, we’ll take a closer look at how it impacts final holding and its relevant significant on the case. John Doe Sr. MBA Graduate Student Trident University ABSTRACT The case of United States vs. Roland William Dube, Jr., 520 F.2d 250 (1st Cir. 1975) Defendant-Appellant, United States Court of Appeals, First Circuit Court, was argued in May 5, 1975 and decided in June 30, 1975. Dube’s appeal lasted a short 30 days, significantly shorter than cases today. The case of United States vs. Roland William Dube, Jr., 520 F.2d 250 (1st Cir. 1975) Defendant-Appellant, United States Court of Appeals, First Circuit Court, was argued in May 5, 1975 and decided in June 30, 1975. Dube’s appeal lasted a short 30 days, significantly shorter time than cases heard today. Defendant Dube was tried on an indictment charging him with robbery of a federally insured bank. He did not deny that he committed the robbery, but introduced the testimony of a psychiatrist and a psychologist that he was insane when he committed the offense, (OpenJurist, 1st par). In this case, according to information taken from the case files, found in OpenJurist.org, the prosecution did not present expert testimony instead relied on cross-examination and the lay witness...
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...Legal right to search the computer media ________________________________________ Can US Customs Search & Seize Your Laptop Computer Without Cause? YES They Can! Summary During my research, I located an article relating to the “legal right to search the computer media” of an individual. According to the this article, it is not illegal for the United States Customs to search and seize a person’s personal computer media at anytime. Some time ago around the year two-thousand six in the month of July the “United States Court of Appeals” for the “Ninth Circuit” made the decision that “US Customs and Border Patrol Officers” had the right to look for and take an individuals laptop, computer compact disks, and other digital media (Blakley, 2006). There were no details communicated to the public. An incredible number of tourists didn’t know anything about the judgment, but the information still leaked to the public. A worldwide meeting of touring executives released a message to warn them to update their associates of the judgment and its significances. On “February 1, 2004,” a man known as “Stuart Romm” was captured with pictures of child porn on his laptop or computer. “Stuart Romm” went to “British Columbia”. Once in North America, “Border Services” probed “Romm” and discovered he had a legal record. An agent explored his laptop or computer and discovered kid porn sites in “Romm's” internet record list. North America authorities sent him to “Seattle” to be inquired...
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...Constructive Discharge Claim It has come to my attention that a previous employee plans to file a constructive discharge claim against our Company under Title VII of the Civil Rights Act of 1964. He bases his suit on religious discrimination due to the new production schedule that has recently taken effect. In his opinion, the new production schedule requires employees to work on holy days thereby, discriminating against employees whose religious practice does not allow them to work on these particular days. The employee alleges that enforcement of the new policy forced him to resign his position before the effective date of the new schedule. Religious discrimination involves treating someone different due to their religious or cultural belief system. In business, it is unacceptable and unlawful to treat someone unfavorably because of their culture, religious beliefs, religion, or ethical and moral ideals. Constructive discharge is a legal concept adapted by the Federal Equal Employment Opportunity Law (EEO) that prohibits discrimination in the work environment. Constructive discharge addresses changes in policy or regulations in which an employee feels he is being directly targeted for a reason which would cause any prudent person no other recourse, with the exception of terminating employment. In other words, the employee feels as though he is being forced to quit. (eeoc.gov) Therefore, in order to sue the company, the employee must prove to the court that the changes implemented...
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...U04A1 Case Law Analysis – Business Entities Debbie M. Balzum BARKAN v. DUNKIN’ DONUTS, INC. United States Court of Appeals, First Circuit No. 10-1247 (2010) Facts: The plaintiffs, Irwin Barkan and D & D Barkan LLC, filed suit against Dunkin’ Donuts, Inc. and Baskin-Robbins USA, Co., alleging breach of contract. Barkan’s claimed that according to their contract, Dunkin’ Donuts, Inc. had promised to work with Barkan and the CIT group to refinance Barkan’s debt to CIT. Barkan became a Dunkin’ Donuts franchisee in late 2001 and early 2002 when he purchased five stores. At that time Barkan obtained a Store Development Agreement (“SDAâ€) giving him the right, subject to various limitations, to develop additional stores in a specific area and a short time later, purchased three additional SDAs from Dunkin’ Donuts giving him the right to open stores in other specified areas. The new contracts included a requirement that Barkan be “qualified†for expansion under Dunkin’ Donuts’ franchise performance rating system. He financed the first purchases with several loans from CIT, which had a program established to facilitate financing for Dunkin’ Donuts’ franchisees. Dunkin’ Donuts guaranteed the loans through this program and promised to make “cure payments†to CIT if Barkan could not fulfill his obligations. Barkan’s existing stores had difficulty satisfying Dunkin’ Donuts’ inspections, including citations for failing to comply with various...
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...Rep. P15298 150 F. 3d 651 p.654 B. The name of the court which decided the case (3 points); United States Court of Appeals C. The year of the decision (2 points); Decided on July 2, 1998 D. The facts of the case (5 points); McMahon (plaintiff) bought a cup of hot coffee from a gas station and spilled it on herself, causing second- and third-degree burns. McMahon sued Bunn-O-Matic Corp. (Bunn) (defendant), claiming that Bunn failed to warn consumers about the severity of hot coffee burns and that Bunn’s machine produced coffee that was defective because it was too hot for humans to drink. McMahon claimed that she knew hot coffee could burn, but that she was unaware of the potential severity of such burns. The district court awarded summary judgment to Bunn. McMahon appealed. E. The issue of the case (5 points); The issue is does the failure of a manufacturer of a coffeemaker to inform consumer that the maker brews coffee which is extremely hot constitute a failure to warn or make the coffee a defective product unfit for human consumption? F. The “decision” of the case (5 points); The decision of the case according to Easterbrook, J. no failure of a manufacturer of a coffeemaker to inform consumers that the maker brews coffee that is extremely hot does not constitute a failure to warn nor make the coffee a defective product unfit for human consumption. McMahon (Plaintiff) essentially asks this court to take judicial notice that 179 degree for coffee is abnormal...
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...States v. WRW Corporation 986 F.2d 138 (1983) United States Court of Appeals, Sixth Circuit PECK, Circuit Judge In 1985, civil penalties totaling $90,350 were assessed against WRW Corporation (WRW), a Kentucky corporation, for serious violations of safety standards under the Federal Mine Safety and Health Act (the Act) which resulted in the deaths of two miners. Following the imposition of civil penalties, WRW liquidated its assets and went out of business. Three individual defendants, who were the sole shareholders, officers, and directors of WRW, were later indicted and convicted for willful violations of mandatory health and safety standards under the Act. Roger Richardson, Noah Woolum, and William Woolum each served prison sentences and paid criminal fines. After his release from prison, Roger Richardson filed for bankruptcy under Chapter 7 of the Bankruptcy Code. The United States (the Government) brought this action in May of 1988 against WRW and Roger Richardson, Noah Woolum, and William Woolum to recover the civil penalties previously imposed against WRW. The district court denied the individual defendants' motion to dismiss and granted summary judgment to the Government piercing the corporate veil under state law and holding the individual defendants liable for the civil penalties assessed against WRW. For the reasons discussed herein, we affirm. The district court held that it was appropriate to pierce WRW's corporate veil...
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...merchandise and in advertisements for the merchandise. Lisa is considering transferring the sole right to use her name to Nik Corporation, and has asked us to research what the federal income tax consequences would be if she was to accept the offer. ISSUE Income received from the transaction could be treated either as royalties’ income, or as payment for services. The treatment of income will vary if the endorsement agreement requires other services to be performed in addition to the name rights. APPLICABLE LAW A United States Court of Appeals case, Cepeda v. Swift & Co., 415 F.2d 1205 (8th Cir. 1969), reaffirmed that payments received for the right to use of a person’s name are considered royalties, because the person has an ownership interest in the right. Section 61(a) provides that gross income includes income from whatever source derived, including Section 61(a)(1) - compensation for services, and Section 61(a)(6) - royalties. A Tax Court case, Retief Goosen v. Commissioner, 136 T.C. 27 (2011), discussed the question of whether income received for endorsements should be classified as royalties income or payment for services. ANALYSIS The income Lisa will receive for giving Nik the sole right to use her name is considered taxable income. If Lisa is a United States resident for tax purposes, the tax consequences of treating the income as royalties or payment for services will not make a difference, as they are taxed equally for United States residents . On the other...
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