Legal Advice - Want to leave, but husband won’t allow me to. |
- Want to leave, but husband won’t allow me to.
- NJ Work will not let us eat in the building due to covid outbreak. We can't leave the property for breaks. They have a tent outside for us to eat in but it's getting cold out.
- Not sure if this the right place because it’s not EXACTLY legal advice? But here goes: My dad is insane and I think me and my family may be in danger and we’re not sure what our options are.
- [NY] Weird expensive packages getting delivered
- (Florida) I helped a lady (who was run off the road by another driver) flag down and get the driver to pull over so they could exchange insurance info. I made a witness statement to the police. They want to try and pin harassment charges on me for flagging down the driver. Do they have any case?
- mother got loan with my ss and info and now the company is ruining my credit
- Customer’s custom order includes trademarked names
- Mini update to my last post: deceased mothers storage units
- [US] Child told me and cops that the other parent sexually abused them. Child told other parent and cops that I made it up and forced them to say it.
- Can my employer prevent me from calling police when I am being assaulted?
- [UPDATE] 21 year old sister's children are my stepfather's
- Manager had covid, made me to go to training with her still.
- NY Fiberglass threads from mattress cover ruined our things and are a health hazard. No warning on cover, no warning when purchased there was fiberglass in the memory foam mattress/cover, should I pursue lawsuit or just file consumer rights violation with AG?
- Boyfriend’s mom and her “debt”
- There’s been a Covid outbreak at my place of work and I think the company is covering it up.
- Walgreens shared personal prescription information with a family member about a prescription I picked up. Is this a HIPAA violation?
- Dr office my sister worked at obviously let her see my information, she told my Dad and it cost me months of harassment and loss of job.
- Attorney delaying filing lawsuit because of "professional courtesy"
- Ex-wife won’t return my passport
- Just discovered I have a photo radar ticket from a year ago I didn’t know about. The court approved alternative service to an address I didn’t live at anymore AZ
- [Usa,CA] Untrustworthy business partner, Need advice on how I should proceed ?
- HOA fine for a “brick wall”
- A child I have custody of has not returned home. Can I call the police?.. PA
- [CA] Can a mutual release agreement between two parties prevent one from testifying against the other in a court case brought by a third party?
| Want to leave, but husband won’t allow me to. Posted: 01 Nov 2020 02:12 PM PST I've been married to my husband for ten months and to put things nicely, he's an absolute asshole. He's 24 and I'm 22. Basically, he's cheated on me throughout the entire marriage and has treated me like garbage, emotionally abusing and gaslighting me. We have one son together who is 2 months old. I'm still breastfeeding him. I take the most care of him. I feed him, change his diapers, make sure he is bathed and clothed, etc. My husband doesn't do any of that. I would like to leave, but my husband is in the Army and we're currently located in North Carolina. I want to go up to Maryland where my mother is. I've told my husband this plenty of times, but he says I can't or else he'll take our son away from me. I'm not sure what to do at this point. He acts like our marriage is fine and like he doesn't do anything wrong. He will shout and swear if I remind him of his cheating. I don't have a job, but I do have my own car and will have financial help from my mother. His parents also know about his cheating and understand if I end up leaving. If I attempt to leave while my husband is at work I worry he will call the police on me. [link] [comments] |
| Posted: 01 Nov 2020 11:12 AM PST I am a manager at my work part of my responsibilities is to stay on the property during my entire shift we are given a 1 hour paid lunch break that we do not have to clock out for. However due to recent covid outbreak the new policy is no eating in the building. They had set up a tent outside for us to eat in but it is starting to get cold out as well there are not heaters in there. My question is can they legally do this to us? Also I work 4:00 p.m. to midnight shift. [link] [comments] |
| Posted: 01 Nov 2020 01:28 AM PDT So a brief rundown: the past 8 years my dad has had random spikes of psychotic behavior and it's gotten worse and worse over time. This year, and specifically the past few months, it has gotten worse exponentially. I'm pretty sure he has an extreme case of paranoid schizophrenia and possibly other debilitations. There have been several times that police have come to our house because of calls related to his behavior, but without evidence for an obvious crime, there's never really been much success there. Especially since he seems to be able to flip off his craziness like a switch when police show up— then we end up looking like we made the whole thing up. A little more background, his father fought in Vietnam and had exposure to Agent Orange (suspected, I don't know the specific details) and ended up becoming very violent and disconnected later in life. My father's oldest brother has also been diagnosed with schizophrenia and is currently in the state hospital for murdering their mother (my grandmother). My father's second oldest brother is currently in prison for attempted murder, which he had tried to convince my father to help him with. To put it bluntly: there is a family history of psychopathic tendencies and murder on my dad's side. Lately, my father has been getting increasingly crazier. He says he sees spirits jumping in and out of animals and people, he calls it a gift from god. He's also been watching a lot of murder documentaries and has been making weird comments about murdering people. He told my mother that he needed to kill this guy he suspected of stalking my mother, or "at least cut his legs off" so he can't stalk her anymore. And then the other day he told my mother that the shows he's watching are making him want to attempt murder. Specifically, he said he's been wanting to "take a hammer and bash someone's head in". At this point, we don't know what our options are but I fear we're in a lot of danger. I've been sleeping with a pocket knife under my pillow because I seriously wouldn't put it past him to try and kill me in the middle of the night while I'm sleeping. Police don't seem to be an option because we don't have proof of a crime and also because he always seems to flip it off like a switch. Not really sure what to do but I'm scared and any advice is appreciated [link] [comments] |
| [NY] Weird expensive packages getting delivered Posted: 01 Nov 2020 01:11 PM PST We are in the process of selling our house in NY and because of that the house is vacant. A couple months ago there was a brand new phone delivered under my dads name but not purchased with any of our credit cards. We assumed it was an error and just returned the phone to AT&T who said they'd look into it. This seems pretty normal but this past week one of our family members drove past the house and saw a car sitting in the driveway. A couple hours later my dad drove by and the car was still there. My dad spoke to the driver who said he had just pulled in to take a call, and once my dad called him out on the fact that he'd been there for 3+ hours he admitted that he was waiting for a package. Soon after that the car left our house and my dad got a couple photos of the plates. The next day we got a $2000 drone delivered under a random name we have never seen. The police told us that it's not their issue because it's to do with mail. Is there anything we should be doing to figure out what's going on with these weird dudes and expensive packages? What should we do with this expensive drone that is now in our possession? I'm assuming that there has been multiple packages sent over the last few months that we didn't catch, and i'm also gonna guess that the packages might have been purchased using stolen credit cards? Please let me know if there's anything I can do about this since we are all pretty confused. [link] [comments] |
| Posted: 01 Nov 2020 02:09 PM PST |
| mother got loan with my ss and info and now the company is ruining my credit Posted: 01 Nov 2020 05:22 PM PST my mom used my ss and all my info to get a loan for furniture without my knowledge. the company came to me for payments. every two weeks the company charged me, i paid it off then she'd pay me back. once it was all paid, there was nothing for a bit but then i got a notice for collections saying i still owed the entire balance. the hard part about this is bc it's my info but my mother's name, i can do anything about it. the company won't speak to me unless she's on the phone too. my mother isn't trying to fix the situation at all and it's completely fucked up my credit (it's the only thing in my credit) plus i somehow still owe the balance. we've asked for receipts of payment but the company (which is extremely sketchy, you can't find any online presence) says they don't have any. is there any way to fix this? is my credit just ruined? this happened in texas but we're all in arizona now is that means anything [link] [comments] |
| Customer’s custom order includes trademarked names Posted: 01 Nov 2020 10:07 AM PST I have a custom tshirt listing on Etsy that allows buyers to include a custom text message. About 2 weeks ago, someone ordered it with a message that includes the name of a band and some song titles/album names. I fulfilled it cause it was a one time thing and didn't think much of it. But the buyer turned out to be a Instagram fan page(?) with a huge following for the specific artist. Now I have 30+ orders with the exact custom message. I'm grateful but scared to fulfilled these orders. Will I get in trouble if the artist's company/management finds out? I don't mention this artist/their songs anywhere in my listing. Also, the original buyer posted a photo review so the custom design is currently visible on my Etsy page. Should I ask them to remove it? It's five stars but the photo review includes the name of the artist... Edit. Am in the United States. [link] [comments] |
| Mini update to my last post: deceased mothers storage units Posted: 01 Nov 2020 02:40 PM PST My family and I are home now, from our trip over state lines to deal with my homeless mothers affairs. We are still waiting on death certificates. Her truck (which she died in) had been towed and impounded and we were facing $375 in impound fees. It was a disgusting mess, just as we had expected. While in the area, we met another homeless couple, who claimed to know my mother very well, we will call them Sue and Steve. When Sue found out we were trying to figure out how to get rid of her truck, Sue said she wanted it. One of my family members wanted to freely give it to her, but I asked her to chip in for impound fees, and she could have the truck and contents of the storage units. She hastily agreed and paid for half the fees. Steve drove the truck back to their homeless encampment. We documented their PO Box so we could send them title information as soon as we got death certificates and handled it through DMV. During this transaction, I exchanged numbers with Sue. Well we have been home now for two days, and Sue started messaging me. She confirmed there was nothing of value in the storage units and she will need a dumpster to clean them out. She said she would pay up front for the dumpster, and would need us to reimburse her. She has been in contact with Helen (the storage unit manager who didnt fucking help us in the slightest when we were in the area). Helen never did get back to us about any rental contract/agreement or return any of my calls so I went ahead and blocked her numbers. I encouraged my family members to do the same (one family member has their contact info listed on the rental documentation, as a secondary contact, but never signed anything assuming responsibility for lack of payment). I kind of suspect Helen doesn't actually have any paper trail for these units at all. I know my mother let Sue store some of her belongings in at least one of the storage units. I asked if she had co-signed any paperwork with my mom? She said no, that my mom was just helping her out. I then told her that if she is not on any paperwork, do not let Helen make her feel obligated or responsible to do anything about the lockers. Like paying for a dumpster. I have a feeling this is just the beginning of this shit show, but I have made my other family members promise not to send Sue or Helen a dime. Helen is a weasel. And Sue, while nice, is a homeless crackhead with no teeth and tbh I don't trust just blindly sending her money for any reason. I have Sue's mailing address for when we get the truck title, and that's all the business I have with either of these people. [link] [comments] |
| Posted: 01 Nov 2020 05:40 AM PST 4th and Final Edit: My child is sticking firm to telling other parent/other parent's friends I made it up, because my child was scare of other parent, but my child is saying they did not tell the police I made it up. They had some moments of solid honesty surrounding these corrections, so this is what I'm going to believe. My child has been repeatedly asking to protect them from the other other parent since the visit and insisting it happened, so I'm going to believe the CSA happened. Thank you for your input. I'm heading out to take care of my child(ren) and hide the Halloween candy so it lasts more than a day. Update: Now my child is going back and forth whether they said I made it up to these other people or that I told my child "to say the truth" (eg the sexual abuse happened). Now I have been adamant about my child saying the truth, whatever it is to them, as only they know so maybe this is true. Frankly, I just need a drink at this point. Edit 2: I created my handle over a month ago after being disclosed to by my child trying to figure out the next steps to protect them and advice from other parents on how to help them heal. The information I provided slipped on genders and specifics, so I deleted them to protect my child's privacy. Edit 3: Due to another posters concern, please let me stress that is not me vindictively trying to withhold my child(ren) from the other parent. There isn't a vindictive bone in my body. I'd rather walk away and not entice further pain, hence the separation/divorce with a coparenting focus until the sexual abuse allegations. To say this is unequivocally false on my side is an understatement. They explicitly told me and I went through weeks of shock where I precipitously dropped weight from disgust and stress of it. Now I know why SVU hasn't filed charges and CPS hasn't create a protective order. I didn't tell my child to say these things, nor did I make them up. Considering the big and specific lie said about me, I don't know if I should believe the sexual abuse claims as it is also big and specific. There are other behaviors that lead credence to the sexual abuse claims, but now I'm wondering if my child is some sort of I-don't-know-what that is creating major lies. What are the possible outcomes for my child's false statement that I made it up and made my child lie. Pretty sure it means I'll lose all my children permanently and they'll go to the other parent. I knew pursuing the sexual abuse claims could mean I lose them if I lost in court, but I was so thoroughly convinced of my child's story that I couldn't live with myself if I ignored it. LA, what in the hell do I do? My child is insisting the sexual abuse claims are real to me still, but I'm questioning all their statements in totality now. [link] [comments] |
| Can my employer prevent me from calling police when I am being assaulted? Posted: 01 Nov 2020 09:30 AM PST I work in a state agency that serves the developmentally disabled and mentally ill. Some of my clients can be quite violent. We have some methods of protecting ourselves (holds, blocking pads) but do not have as many options as a police officer. (They have handcuffs, tasers, etc.) Sometimes a behavior is so extreme that staff cannot control the situation. In the past we have called police in these extreme situations in order to attain safety. Recently, staff have been told by administrators that we are not allowed to call the police. There have been instances in the past where administration have pressured staff into dropping charges against a client. What is the legality of this? Can an employer stop employees who are being assaulted from calling the police. How do I educate myself and self advocate? Location: Colorado. [link] [comments] |
| [UPDATE] 21 year old sister's children are my stepfather's Posted: 01 Nov 2020 07:55 PM PST Original post here: Post (Which I believe may have been taken down by mods) I ended up flying out to Hawaii, to try to figure out the situation and support my family. I spent 10 days there, as my mom and sister spent time talking to CPS and a detective that I managed to contact about the case. My sister made a report, but has not decided to make a case. She wanted to move on and forward with her life, although she allowed them to take DNA samples from her children for if she ever decides to change her mind. I wish she would make a case, but I understand that it's up to her in the end, and I did everything I possibly could in getting law enforcement involved. My mother and brother in Hawaii are getting help from CPS to find a smaller place, get therapy, and even help in getting my mother a divorce. My sister decided to move back to Tennessee with me, in hopes of having a more stable life and better place for her children. I have accepted them with open arms and am in the process of helping them get settled in. Thank you all for your comments and help in my original post. [link] [comments] |
| Manager had covid, made me to go to training with her still. Posted: 01 Nov 2020 05:47 PM PST My manager said she tested positive on Wednesday October 28, which means she must have had the test done 5 days prior. She made me go to the office on Monday (oct 26) for training, although we had been wfh for months. My partner and I went to get tested after we were informed today, 3 days after she received her results apparently. I'm just curious to know, what sort of legal action can I seek in the case if either myself or my partner has any health issues? The insurance that my work provides for both of us has high deductibles so that's an expense right that there that we could have avoided only if this manager had not done this to us. New York State. [link] [comments] |
| Posted: 01 Nov 2020 01:42 PM PST My husband and I had this mattress for 5 years. Yesterday we were changing sheets and noticed the mattress cover has zippers so we decided to remove it to wash it. After we took it off I realized my hands and clothes were covered in these shiny threads. I shined flashlight and realized these shiny threads were now EVERYWHERE... covering our bed frame, furniture, carpet, clothing, pillows, anything in the room was covered with these threads. We looked at the mattress label and it states there is fiberglass. However, no where is there a label that says to not remove the mattress cover. I looked online and found a lawsuit against the sell of a similar mattress foam company. They cite Magnusson Moss : "The defendants have violated the Magnuson-Moss Warranty Act and are guilty of fraudulent concealment/fraudulent omission, and unjust enrichment, claims the Zinus class action lawsuit. The Zinus class action claims that nowhere on the warning does the company mention words such as fiberglass, glass fibers, or that the mattress contains glass. In addition, the warning does not state that removing the outer cover can cause the mattress content to be released into the environment, causing significant injuries to the customers, the plaintiffs maintain." Not only are these glass fibers everywhere and ruined thousands of dollars worth of our things but we were breathing them in the entire time. My husband is also a physician and is aware that fiberglass threads have a plastic base and are dangerous to the lungs. I have small rashes all over my hands and arms as does he. We don't want to start a lawsuit but we've had to toss so many things and have to hire professional cleaners to make our bedroom livable. We used our HEPA filter vacuum to vacuum as much as could, we used duct table and lint rollers and soapy micro cloths to clean as much as we can but none of these methods work well. Spent all night cleaning. Sleeping in the living room on crappy air mattress. I've been crying and stressing out all last night and today. The amount of things we had to toss and stress and anxiety of these damn threads all over the place is overwhelming. If only there was a warning label on the mattress cover or of the website selling the foam mattress stated the mattress contains fiberglass we would have never bought it. We don't know what to do, pursue a lawsuit? My husband is working is ass off saving lives in the ER during covid and we currently rent. We're saving $$$ to buy a house next year and don't want to lose a ton of money in a lawsuit. We've never filed one or been involved in one. I just want the online seller (Overstock) and the mattress company to have goddamn warning labels warning people and to be held accountable. Consumers need to be protected and aware of the contents of what they buy and how it can affect them, especially if it's dangerous to their skin / lungs / health. We don't want money from them other than to cover the amount of things that were damaged and had to be tossed but not sure who or how to approach this. Any help will be very appreciated!!! [link] [comments] |
| Boyfriend’s mom and her “debt” Posted: 01 Nov 2020 05:43 PM PST Hey guys! I'm searching for legal advice about a situation my boyfriend is in. His mom has been making him pay her $200 a month for supposed "debt" he accrued when he was under 18. This "debt" was her taking care of his financial needs when he didn't have a job while he was still legally a child. He's been paying her for it monthly for over a year now. She doesn't work and her husband doesn't bring in very much income, so she's basically been dependent on my boyfriend's money, which is causing us to have financial problems paying our bills. A few days ago, my boyfriend went to his mom's house and she sat him down and pulled out a piece of notebook paper. On the paper she wrote that he owed her $2,300 for this debt, and that she expected him to pay it off within the next 18 months. My boyfriend felt pressured and really just wanted her to stop this nonsense and act like a mother again and not a debt collector, so he signed the paper. When he left, he texted her saying he couldn't pay her as we have bills of our own to take care of and he just doesn't make enough to fish out that extra money for her right now. She only replied "I'll see you in court, then." I know that he shouldn't have signed that paper. If she takes him to court, what could potentially happen? Is that one piece of paper enough for her to win? If she does win, what does that mean for us? Edited to add: We live in the state of Georgia in the United States. [link] [comments] |
| There’s been a Covid outbreak at my place of work and I think the company is covering it up. Posted: 01 Nov 2020 08:12 PM PST I'm a 19 year old male and I work at a daycare facility in California. The facility has 10 classes of children aged K-6th grade. There are 49 staff members in total, most of which are on 4 hour shifts that trade off watching a class with other team members in these shifts (7-11am, 11-3pm, 3-7pm.) I'm friends with a few people who work with me, including my direct supervisor. He has told me that 5 individuals have tested positive in the last week, and that he wants me to be informed despite HR directing him and the other shift managers to not tell any lower level employees about the COVID outbreak. I have been in contact with 3 of these people who have a tested positive. At the beginning of each shift, we use a scanner to record our temperature to make sure we do not have a fever. Afterwards, we are required to sign a waiver saying that we do not have any Covid related symptoms, and that we have not been in contact with anyone who has tested positive within the last 2 weeks. We are being instructed to sign these waivers despite us all being in contact with multiple people who have tested positive. There is a paragraph at the bottom that states that if we sign it dishonestly we will be terminated. I'm no lawyer, but isn't this contradictory and possibly perjury? The CEO has said that we aren't shutting down, and privately told the shift managers that they "need to relax." I'm worried. I need this job, but I think it's dangerous to stay open. I need some guidance, as I'm particularly skeptical of HR instructing that the employees not inform others of the positive cases, and the contradictory waivers. What should I do in this case? I would love absolutely any advice. Thanks so much [link] [comments] |
| Posted: 01 Nov 2020 10:21 PM PST I have a separate Walgreens account for my prescriptions from my family, whose insurance I'm still on. They called the pharmacy today and ask to speak to the pharmacist about prescriptions I filled recently. The pharmacist disclosed the medications, the dosages, and when they were picked up, without my consent. Is this a HIPAA violation, and do I have any recourse? [link] [comments] |
| Posted: 01 Nov 2020 06:46 AM PST My sister works at an urgent care clinic that I visit when I need, well, urgent care. Turns out once they realized this (years ago), they never fixed their computers to block my information from my sister, who apparently got nosy. I work for my dad and have bipolar disorder. He doesn't believe mental illness exists and liked to make me cry. Then he would blame it on the "drugs" I was taking and I spent years with him yelling at me, belittling me, and calling me a "druggie." They only way he could have known about my prescribed long term Rx for Valium is if he was getting regular updates. I have specifically given him no permission to have anything to do with my health because of his philosophy about my need to even see a Dr. I slowly stopped working long hours and slowly became part time, which only irritated dad more because he needed my work, even though he always told me I get everything wrong. If I cried, he just got louder and meaner. He had a meeting with me where he said he wouldn't tolerate my attendance issues, but honestly he broke me over the past 4-5 years and I can't work a regular job because I'm just a psychological mess. I quit my job of 18 years in tax preparation making $23/hr and now I have nothing. I have my son's student loan debt to worry about. I have bills. I desperately need therapy that I can't afford. Do I have any legal recourse against the Dr office, my sister, or my dad? I'm 40 years old and my life is ruined. Edit: I am in Tennessee. Thanks for your advice in advance. [link] [comments] |
| Attorney delaying filing lawsuit because of "professional courtesy" Posted: 01 Nov 2020 03:36 PM PST My attorney has been holding back on filing a planned lawsuit for 4 weeks now. This excuse and that excuse, OK, I get it and fine with waiting a bit. BUT the latest excuse is chapping my ass. He says it's out of "professional courtesy" to another attorney who has just started repping the other party and can't reply because of his vacation schedule. Isn't my attorney supposed to rep me? I feel like he should have asked if I was OK with the delay, as he's asked for prior delays. I'm getting pretty frustrated with this, should I just fire him and get a different attorney? Is 'professional courtesy' a legit reason to delay? [link] [comments] |
| Ex-wife won’t return my passport Posted: 01 Nov 2020 06:33 AM PST Hi All, I'm in Massachusetts. I've contact her lawyer twice now requesting that my ex-wife returns my passport. It's an old passport and expired, but I just don't understand why she refuses to return it. Is there anything for me to do? I have no lawyer. Divorce was less than 3 months ago. Many thanks in advance. [link] [comments] |
| Posted: 01 Nov 2020 02:57 PM PST Hi! This all takes place in Scottsdale, AZ. On 9/26/2019 I was flashed by a photo radar van for driving over the speed limit. I never received this ticket in the mail and was never personally served. Through the online court records I discovered my case was approved for Alternative Service and I was "alternatively served" on 12/24/2019.... problem is I moved from that address on 12/20/2019. I see online that they have been adding fees all year and have now sent the case to intercept my income tax refund and I've read online my license could possibly be suspended? What do I do to fix this? [link] [comments] |
| [Usa,CA] Untrustworthy business partner, Need advice on how I should proceed ? Posted: 01 Nov 2020 08:12 PM PST I'm stuck in a situation rn.. I have a untrustworthy business partner who's a thief and skims money out of our daily sales, and wont sell out his partnership to give us the full ownership. I need some advice how I should go about this. He's a legal partner in our business and I didn't knew before going into business with this dude that he's a compulsive thief. I own a very profitable liquor store and he's our partner/family friend and has other stores where he would sometimes take our inventory full of liquor cases, I don't trust him at all and yet he's my partner. In near future if I have to dissolve this partnership and protect my business how should I proceed and show proof of him stealing money since he entitled by law to that cash? I don't have time to look over my shoulder all the time to see how this guy is scamming me, would rather own the shop myself. I know this is an odd request but could use some professional insight on navigating out of this situation. Thank you for reading. US (California) [link] [comments] |
| Posted: 01 Nov 2020 08:28 AM PST Location is Georgia I purchased a house in an HOA community this year. The house had a brick flair added to the support beams for the back deck. They didn't look out of place and it matched the brick on the house. So last month the management company sent a mass email threatening fines for vehicles parked in the road, trash cans left out and unapproved modifications. I didn't think anything of it because it was like that already when I purchased, but today I was just fined $750 for "refusing to remove the brick wall". Do I have a leg to stand on here? I haven't spoken with them yet about it, I just don't know what to say. Thanks in advance Picture to follow https://imgur.com/gallery/QhpHFge Mass email [link] [comments] |
| A child I have custody of has not returned home. Can I call the police?.. PA Posted: 01 Nov 2020 07:39 PM PST CYS and a judge granted custody of my nephew due to endangerment of the child. CYS is aware that my sister, who is the mother of my nephew, is a drug user and put him in dangerous situations. My sister was put into rehab voluntarily and resides here. My sister wants custody of her kid back, which CYS is perfectly okay with. CYS told me that I can allow the child to go with my sister in a car, to the store, wherever as long as I am notified and grant permission. I granted her permission to take the child to the mall, but that was hours ago. I called her 2 hours ago, she said she'd be right home with the child. it is 10 at night, no sight of them. My sister's phone goes straight to voicemail. I am afraid the child is in danger. Do I have ANY rights to call the police and report the child missing, despite the fact I gave the original okay to take him to the mall? I agreed to the mall, not to have the child out past 10. [link] [comments] |
| Posted: 01 Nov 2020 08:57 PM PST This is super convoluted, but essentially our ex-landlord refused to return a large portion of my roommates security deposit unless she agreed to sign a mutual release agreement to not bring suit against her for the circumstances of our departure from the lease (which was very, very antagonistic). Our other roommate and I are both bringing suit against the landlord and have not signed MRAs. We're reading the MRA right now sent to our roommate (she hasn't signed yet) and are worried it might prevent her from acting as a witness in our cases against the landlord (we're unsure we'll need her as we have extensive other evidence, but just in case). My question is as the title says: is it legal for the MRA to prevent this roommate from serving as a witness for us? These cases are both going to be in small claims court and have not been filed yet. ***Edit*** This is the language of the actual release section of the contract. They are definitely obfuscating with their language and I'm struggling to decipher it: Mutual General Releases. The Parties distinctly understand and expressly agree that, except for those rights specifically created by this Agreement and except as may be herein specifically reserved in writing, if any, with respect to the subject of all matters pertaining to, in any way relating to and/or arising out of the within facts, circumstances or events, the Parties and each of them, on their behalf and on behalf of all of their successors and assigns and all those now or later acting on his, her, or their behalf, hereby mutually release and forever discharge the other Parties to this Agreement (including their attorneys, agents, servants, successor, heirs, executors, administrators and all other such persons, firm, corporations, associations or partnership associated with them) from and against any and all claims, demands, causes of action, obligations as well as any and all damages, injuries, liabilities, harm, losses, medical expenses, costs and/or expenses, including attorneys' fees, of any kind or nature whatsoever, past or present, ascertained or unascertained, whether or not known, suspected, or now claimed. Except with respect to the mutual rights and obligations expressly created by or expressly exempted from this Agreement, if any, each Party hereto expressly waives any and all rights under Section 1542 of the Civil Code of the State of California, which provides as follows: AGREEMENT AND MUTUAL GENERAL RELEASES 3 A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Being thus familiar with and aware of said Code section, each Party expressly and completely waives and releases any right or benefit which he or she has or may have under said Section 1542 of the Civil Code of the State of California pertaining to the matters released herein. In connection with such waiver and relinquishment, each Party acknowledges that he or she is aware that he or she may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which he or she now knows or believes to be true, with respect to the matters released herein. Nevertheless, it is the intention of each Party hereto, through this Agreement, and with the advice of counsel, fully, finally and forever to settle and release all such matters, and claims relative thereto which do now exist, may exist, or heretofore have existed between and among the Parties hereto. In furtherance of such intention, the releases herein given shall be and remain in effect as full and complete mutual releases of such matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto [link] [comments] |
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