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    1. L

      Mom lied

      PLEASE Mollie! Let me explain something to you. And I speak not from as an "advisor" whatever that is supposed to mean, but from decades as a private practitioner in this business largely devoted to trial work - recently retired. DO NOT I repeat DO NOT make the mistake of filing you lawsuit in...
    2. L

      Mom lied

      Pardon me for correcting you, but are much mistaken. Idaho has NO laws (statutory or case law) that prohibit assignment of trust interests to persons out of state"! Nor are there any such laws in any other state as they would be in direct conflict with the "Contracts Clause " of the United...
    3. L

      I Don't Think I'm Really an Independent Contractor

      Before the host of lawyers begin to queue at your doorstep ask yourself this: Am I in a position to prove by competent, unbiased evidence that the conditions of my association with the Colorado Company has included micro-manage my services, meaning like when, where and how they are to be...
    4. L

      Mom lied

      (Excuse me, but what means: "I am having a hard time accepting no matter what the mother may have signed agreeing to pay her daughter's expenses"[sic]? Trouble accepting what?) ______ Next if you please, where in the discussion is anyone advocating that a judgment against the daughter is...
    5. L

      Mom lied

      It also a translation defying common sense by implying the following absurdities: 1. Mom was simply being unguardedly chatty about family affairs and had not intention of offering the letter as an inducement to lease the subject premises to her deadbeat daughter. 2. The OP was entirely...
    6. L

      marriage contract

      Do you have a suggesting as to how a couple could predict the multitude of varying and changing circumstances affecting those issues?
    7. L

      marriage contract

      You already have a marriage contract! It took effect the moment the marriage vows were taken. (That is, unless you had your fingers crossed.) And in case you don't know, it expires on death or by court decree. Now if its your mutual desire to enter into formal arrangements respecting the...
    8. L

      NM: Can a stipulated custody order be challenged?

      Are you aware of what you just wrote? You have asked if it is possible to enter a stipulated custody order [sic] challenging a stipulate custody order. All of which suggests that you didn't understand the stipulation for custody order that you admittedly signed! Take a break, gather yourself...
    9. L

      Change to Lease Agreement

      Continuing: The Ohio 12th District Court of Appeals in Haught vs. Geeisinger * is a striking example of the judiciary over stepping its bounds to undermine and subvert legislative intent. The Ohio statute of conveyances clearly demands that enumerated transfers of ownership and/or possessory...
    10. L

      Change to Lease Agreement

      It isn't what I have tried to say Q its what the Ohio court was trying to say in this study of judicial legerdemain known as Haught vs. Geissiner. More tomorrow. Stay safe and well!
    11. L

      Change to Lease Agreement

      Dear Q: I suggest that you read pertinent language contained in the Ohio statute of conveyances as follows: "Section 5301.01 Acknowledgment of deed, mortgage, land contract, lease or memorandum of trust. (A) A deed, mortgage, land contract * * * or LEASE OF ANY INTEREST IN REAL PROPERTY, *...
    12. L

      Change to Lease Agreement

      I would have suspected so. Now as to my second question - do the agreements comply with Ohio's statute of conveyances? * ______________________ Extracting from the Ohio Court of Appeals case of Haught vs. Geissinger (ibid) "According to Ohio R.C. 5301.01, "A deed, mortgage, *** or lease of...
    13. L

      Change to Lease Agreement

      Before you proceed to bring about amendments to the lease agreements, first things first: Are they enforceable as written? For instance: 1. Do the lease agreements contain a clause or provision permitting either party to terminate the lease upon giving an advanced notice of that intention...
    14. L

      Guarantor to lease?

      I must disagree. There is no problem with this narrative from the standpoint of consideration for the mother's promise to answer for her daughter's debts; not if those obligations are clearly defined or reasonably ascertainable. A contract or promise to answer for the debt of another is a...
    15. L

      Bait-and-switch medical?

      In this particular instance it is of no consequence as to whether or not the OP was obligated "to confirm who is and is not in network"! Read again the first sentence in the OP's initial posting and then please explain why the principal of promissory estoppel would not apply to defeat any...
    16. L

      Tolling a debt

      What makes you think that this fight is going to take place in your bailiwick when the creditor could readily invoke Florida's "Long Arm Statute " * thereby forcing you to either appear and defend in a Florida court or suffer a default judgment. And a judgment entitled to full faith and credit...
    17. L

      Affirmative Defense - Lack of Subject Matter Jurisdiction

      (Did anybody happen to get the tag number off of that feather that just knocked me over?!) :p
    18. L

      Affirmative Defense - Lack of Subject Matter Jurisdiction

      Q, you are missing the point. What is at issue here isn't whether or not this particular tribunal is the proper court to adjudicate the parties' dispute. It's a question of whether or not any court has jurisdiction to do so. And that determination rests on whether or not the parties are...
    19. L

      Affirmative Defense - Lack of Subject Matter Jurisdiction

      It would have been simpler and timesaving had you first filed and noticed for hearing a Rule 12 motion to dismiss based upon the arbitration clause. However, if you will read the rules carefully you will find that: "WHENEVER (as in "at anytime) it appears that the court lacks jurisdiction of...
    20. L

      After filing an EOP

      No! You don't need to file another petition or motion. The emergency ex parte order of protection will remain in force until it is changed or vacated which can only occur if the court deems it appropriate to do so and only after a plenary (full-scale) hearing before the court. "IMPORTANT...

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