Neighbor gave me their dog they could no longer care for it, along w/ medical records, licensing, spay cert. now they want her !

Once I groomed her and had her medically treated for skin allergies, they want her back, they have made no changes in their schedule and the dog would be back to square one! She seems happy in her new home w/ other dogs to play with, and can be in side when weather is wet, cold or hot ! Do I have to return her ????

Nathan’s Answer

Was the dog delivered to you? Did they intend to give you the dog as a gift? Did you accept? Was the dog given to you upon condition that you perform a service or deliver a good? If not, and the first three questions can be answered with a yes, chances are good that such a gift is irrevocable, meaning they can't take the dog back.

Of course, this is not legal advice and you may not rely on it unless you have consulted with an attorney who can be told and understand all the facts of your matter and give you reasoned advice based off your specific facts, any one of which, upon being understood more deeply, could change the result.

What should I do if attorney tries to extort more fees just before trial and threatens to loose if you don't pay him more money?

Attorney is on contingency in two separate cases. One case he won and attorney fees were awarded. He wants to take attorney fees as compensation but says I should pay him the attorney fees from monies I'm receiving from an escrow account and I should wait to be reimbursed from the attorney fees when they are collected. He told me that I wouldn't like the results in the second case that goes to trial in three weeks if I don't agree to amend our agreement to reflect this change.

Nathan’s Answer

My answer to the same question asked twice now is located here:

http://www.avvo.com/legal-answers/what-should-i-do-if-attorney-tries-to-extort-more--1922322.html

Can my manager deny my transfer after giving false accusations about my work ethic to the desired transfer location?

I was initially approved to transfer to a different restaurant location but after my manager went and spoke to the managers there and told them false accusations, I was denied.

Nathan’s Answer

An attorney might be able to help if you in a free consultation can answer the following:

If you were approved, who were you approved by?

What accusations were made, and can you prove that they are not true?

If these questions can't be convincingly answered, the strength of the case may not be worth pursuing.

Former atty mails out former client' remainder case files (5) months after being released

I just now received 3/4's of my case files from my former atty (grossly negligent not representing client). My marriage dissolution trial case is on going. I"m the petitioner. Discovery is closed (which hinders my case significantly. this vile women former atty knows this). I am LIVID. what personal recourse can I file to expose her? The state bar generally slaps hands, where as if there is a malpractice law violation.

Nathan’s Answer

The client file belongs to the client. Many attorneys keep client records for 5 years in order to provide the client with a copy should they request it. If you have made a demand for your file and it was not received by you in full, it would be appropriate to make demand for the remainder. Marital dissolution is a stressful process, and I am sorry to hear you feel it is being made more difficult by you not timely obtaining what you feel is the complete file.

Opposing counsel has not substituted in. He makes an agreement with me regarding discovery. But his clients tell me they are not

His clients, defendants informed me that they are not supplying the discovery. This attorney claims his agreement with me to supply the discovery will be honored, but this agreement is a simple yes in an email to my request that he will supply discovery within 30 days. What risks do I have that I am running out of time to file motion to compel, judge told me to come in ex parte if there are any problems.

Nathan’s Answer

Apparently the attorney has not even substituted in yet. As a result, any deals made with that attorney are moot. If the defendants have told you they are not supplying the discovery, it may be wise to move forward with a motion to compel once the deadline has run.

Can you be chg additional court an assesment fees after the judge has made a ruleing on them already with no extension

The judge told to wait and he would postpone entering my plea so that fines and assesment fees would be significatly reduced if i get my D.L. Reinstated by the court that originally suspended it, along with agreeing to 12 mo summary probation The amounts due would be significantly reduced. I did n was told twice approx 200.00. Then inquired recpt of funds n told i owed an additional 629.00 by the clerks office and had 3 business days to pay? After spending the hole day at court accomplishing nothing my case file couldnt be found. I was the last to be seen and was asked to come back already losing a hole days wages. It says they were inadvertently not charged and added on.

Nathan’s Answer

Preparation is important in a matter such as this so you are not hit with surprises that end up costing you a whole day's wage. By that I mean it would be a good idea to call the clerk's office before any appearance to ask what is needed, and what can be expected. Ultimately, saving some money to hire an attorney who can clear up this mess may end up saving you more money than you lose due to court error.

Can we file a mediation stipulation if the case management hearing has already passed?

Our case management hearing was back in July but now both parties are open to mediation. How do we go about filing a mediation stipulation with the court here in Sacramento? Normally, it is filed within 14 days of the case management hearing but the defendants weren't open to mediation at that point. Case management referred us to trial readiness and we have to pick a trial date, etc., by November 02.

Nathan’s Answer

Congratulations on your intent to perform alternative dispute resolution. You are taking control away from the legal system and putting it back into your own hands. You can mediate right away or you can call the court clerk of the department that is handling this case and advise that you are seeking mediation. You may be advised to file a stipulation to continue any upcoming dates, or if you are not allowed to do so, you may file an ex parte motion to continue the date with both parties seeking mediation as the support behind such a motion.

If I want to report an attorney, whose conducts unlawful practice in California, How am I suppose to proceed that? Thanks

Nathan’s Answer

Is the attorney licensed by the State Bar of California? If not, they can be reported for Unauthorized Practice of Law. You can contact the State Bar of California and/or the County's DA office.

Is foreclosure sale void when 'title' was in Lender's name prior to sale & borrower not on title tax records?

On 10/30/08 property was foreclosed, we got it rescinded, lender made several mistakes in rescission recordation. New Notice of default(NOD) was filed 02/02/11,new Notice of trustee sale( NOTS) was filed on 6/20/14. After, Lender recorded ‘foreclosure rescission' on 8/19/14 for previous sale in 2011. Lender conducted new sale on 10/06/14. Borrower contends that borrower was not in 'possession' of the property, therefore NOTS was defective, foreclosure was void. Rescission does not satisfy re-conveyance of title, NOTS is deficient. SALE IS VOID. Borrower was unable to refinance because title and public records reflected Lender name and that was a clear violation of homeowners rights? Borrower could not get prelim to enable them exercise legal options. Pls comment.

Nathan’s Answer

Why was borrower unable to get preliminary injunction? Did they try for TRO? The theory is just that, a legal theory. While it is laudable that rescission was achieved, and better for the case that title may not have been reconveyed properly, there is no guarantee this theory would work. California is still a non-judicial foreclosure state, and as a result, the procedures can be quite lax, even with the Homeowners' Bill of Rights increasingly firmly in place. Please consult with a real estate lawyer to discuss in detail.

How do I dispute hospital bill?

My husband doesn't have health insurance. He spent night in ER due to seizure. We got bill for $14600. He was charged for Level 5 yet we got doctor's bill for Level 4. also he was charged $7200 for MRI which I know costs about $3600 (that's how much I paid). Thank you

Nathan’s Answer

I agree with my colleagues. The same exact MRI at one hospital can be charged at a completely different price than another hospital. This creates huge disparities in bill amounts for patients. Fortunately however, hospitals are able to negotiate bills with their patients. You've been pointed to negotiating with either the business office, or to requesting that your bill be processed through a charity program. Charges don't usually reflect actual costs, and as a result, allow me to point you to possible additional options.

1. Payment plan

2. Cash discount for agreeing to pay a discounted lump sum right away

3. Obtain an attorney who may collect a percentage of what they save you