When someone takes advanatage of the rights you are guaranteed under the United States Constitution, if you do not stand up for your rights you make it that much easier for the rest of us to lose our rights. For example, if you want to have the right to feel that your car or home should not be unreasonably subject to search by the authorities, you have to let them know that you will protect your privacy. You can protect your rights to privacy and your other rights under the U.S. and California Consitutions by asserting them whenever possible.
To assert your rights is an honorable thing in our Country and should not be discouraged or denigrated. Our forefathers in their wisdom felt that it was essential for us to have the rights of privacy, freedom from unreasonable searches and seizures and certain other inalienable rights. Let's not try to limit our rights, but rather to expand our rights. When you discourage others from exercising their rights, you are also causing a chipping away of your rights.
An attorney in Burbank, Califorina is here to help you preserve your rights. if you have had the government or some one else trample on your rights or you want to know what your rights are, call 1-877-DPWLAW1
Thursday, June 7, 2007
Saturday, May 19, 2007
BROKER ENTITLED TO COMMISSION
The home sellers decided to list their house for sale with a local Burbank Real Estate Broker. The home was listed for $650,000.00. The listing contract contained a provision that if the listing agreement expired and the house was not sold then the broker still may be entitled to a commission if the house had been sold to a prospective buyer that later bought the house after the expiration of the listing agreement. Just because the buyer bought the house after the listing had expired does not mean that a commission is not owed.
Many prospective sellers tell their agents that if the house is shown to a buyer by the broker then the broker will be entitled to a commission. The enforceability of the agreement goes into basic contract principles and whether or not the broker expended time and other resources on behalf of the seller in order to market the property and whether the seller agreed that if the property was sold to someone it had been shown to that a comission would be due to the broker.
If you are faced with this problem you need to consult a lawyer in order to determine your rights. In Burbank this can be a problem for the unwary seller. Review all contracts closely and have your attorney in Burbank help you with all contracts.
Many prospective sellers tell their agents that if the house is shown to a buyer by the broker then the broker will be entitled to a commission. The enforceability of the agreement goes into basic contract principles and whether or not the broker expended time and other resources on behalf of the seller in order to market the property and whether the seller agreed that if the property was sold to someone it had been shown to that a comission would be due to the broker.
If you are faced with this problem you need to consult a lawyer in order to determine your rights. In Burbank this can be a problem for the unwary seller. Review all contracts closely and have your attorney in Burbank help you with all contracts.
Thursday, May 10, 2007
INJURIED IN A CAR WRECK
While driving home from work Tom is stopped at a red light listening to the radio. It's about 8:20 p.m. and the traffic is light on the cross street. The light was red when he approached it and stopped. All of a sudden Tom is hit from behind very hard by another car. Tom's car is pushed out into the intersection from the force of the impact which also tosses him around inside the vehicle. The noise is horrendous from this car wreck and Tom is scared and in shock.
What happens next is critical to Tom's well being. Should he get out of the car in the intersection? Should he call the police? How does Tom handle what has just happened to him?
First of all make sure you are in a safe location if you can. It is not safe to be in the middle of an intersection. Move your car to a safe place if you can. Also get a visual description of the other car and driver in case they try to flee the scene of the car wreck. Don't try and be a hero if they do leave. Call the police right away and report the accident, what happened and ask for help. Write down the other car's license plate number, type, model, year, VIN number, and description of any damage. Write down the damage to your car. Get the other driver's insurance information, their driver's license information, the physical description and all other identifying data. Get the names and phone numbers and addresses of all witnesses. If you are hurt call for an ambulance and seek emergency medical treatment. Attend to others in your car or at the scene if they are hurt. Be a good citizen.
Tell the police exactly what happened, what your injuries are, if you need medical help or are going to get medical help, give them all of the information you have gathered, get their names, and ask for a report number and what station they are from. If you have a camera in your car take pictures of the cars, the location, the police at the scene and the other driver and their passengers.
If you need additional information on how to handle a traffic accident call a lawyer. Monitor yourself after an accident as many times injuries do not surface until later or they get worse after the accident. Be careful out there.
What happens next is critical to Tom's well being. Should he get out of the car in the intersection? Should he call the police? How does Tom handle what has just happened to him?
First of all make sure you are in a safe location if you can. It is not safe to be in the middle of an intersection. Move your car to a safe place if you can. Also get a visual description of the other car and driver in case they try to flee the scene of the car wreck. Don't try and be a hero if they do leave. Call the police right away and report the accident, what happened and ask for help. Write down the other car's license plate number, type, model, year, VIN number, and description of any damage. Write down the damage to your car. Get the other driver's insurance information, their driver's license information, the physical description and all other identifying data. Get the names and phone numbers and addresses of all witnesses. If you are hurt call for an ambulance and seek emergency medical treatment. Attend to others in your car or at the scene if they are hurt. Be a good citizen.
Tell the police exactly what happened, what your injuries are, if you need medical help or are going to get medical help, give them all of the information you have gathered, get their names, and ask for a report number and what station they are from. If you have a camera in your car take pictures of the cars, the location, the police at the scene and the other driver and their passengers.
If you need additional information on how to handle a traffic accident call a lawyer. Monitor yourself after an accident as many times injuries do not surface until later or they get worse after the accident. Be careful out there.
Monday, May 7, 2007
CUSTODY THAT IS FOR THE CHILDREN
The worst thing you can do is try and deprive the other parent from visiting with the children unless there is a need for Court intervention because of drugs, alcohol, violence or some other exigency. The kids need to see both parents as much and as often as possible. Taking out your frustrations with the other parent by interfering with the kids visitation rights not only is wrong, but it also is not in your childrens best interests.
Imagine you are 10 years old and your dad wants to see you, but your mom won't let him visit. You don't know it at the time that mom is doing this, but later when you grow up and find out, how do you think you willfeel about mom? Mom, i just wanted to see my dad. I thought he did not want to see me because of something I did wrong. I guess I am not worth seeing. This is what kids often tell themselfs in their heads when one parent prevents the other parent from seeing the kids.
Try to work it out with the other parent. You don't want an attorney getting involved in helping you work out the visitation scheduling unless it is absolutely necessary. You can do it your self without all of the acrimony.
Imagine you are 10 years old and your dad wants to see you, but your mom won't let him visit. You don't know it at the time that mom is doing this, but later when you grow up and find out, how do you think you willfeel about mom? Mom, i just wanted to see my dad. I thought he did not want to see me because of something I did wrong. I guess I am not worth seeing. This is what kids often tell themselfs in their heads when one parent prevents the other parent from seeing the kids.
Try to work it out with the other parent. You don't want an attorney getting involved in helping you work out the visitation scheduling unless it is absolutely necessary. You can do it your self without all of the acrimony.
Saturday, May 5, 2007
IS THIS SEXUAL HARASSMENT?
She had been working at the firm for about two months as a receptionist. The owner often would comment on her dresses and how he would like her to wear shorter ones. She had to get his coffee every morning and bring it to him at exactly 9:00 a.m. During these coffee serving services he would ask her to reach over a little further to pour the coffee so he did not have to move from behind the desk. On this particular day as she was reaching over the top of his desk some coffee spilled on some of his papers as she was pourng it into his cup. His face began to grimace and scowl at the same time as he roared, "You stupid bitch. Can't you see what you are doing? Go get some paper towels and clean up this mess." She was shocked, but dutifully scurried off to get the paper towels.
When she returned he had moved back from the desk and directed her over to his side of it so that she could clean the top of the desk. She thought to her self, "I'm glad that I don't have to reach across that desk." As she picked up the papers and patted them down, shenoticed that he seemed less agitated and was just looking at her. He asked her politely, "Oh, there some coffee over on the side of the desk where you were when you were pouring the coffee." As she reached over to get that spot she felt his hand ever so gently but persisently stroking her upper rear end with slow easy movements as he said, "I'm sorry dear that I yelled, I'm just under alot of stress." In a state of shock she just froze and did not know what to say. Him touching her sent chills of disgust through her entire body. Her mouth dropped as he was touching her from behind and she wanted to yell, but the old memories of how she had been abused in the past by her ex-husband just rolled over her like a tidal wave and numbed her feelings. She left the office and went directly to the restroom.
All of sudden she began to weep uncontrobably. She was a single mother who was struggling to feed her kids. Her job skills were not the best and her self esteem was very low. She thought to herself, "If I say anything I'm going to lose my job and we'll be right back on unemployment. How am I going to pay the rent and keep food in the refrigerator for my two children." This was a crisis that she felt had no happy ending for her or her family. She thought, "Well sometimes a mother has to sacrafice her dignity for her children. This will probably never happen again." She composed herself and went back to her work station hoping noone else had seen what happened to her. She was not only embarrassed that he had done this to her, but she also was petrified that someone might find out that it had happened and would talk about it.
As the months progressed so did his touches and provacative language. Each time she was triggered by his advances she retreated to the safe harbor of the women's room hoping that it would never happen again. She kept on wondering, "Why am I being pursued by this horrible man. Can't he see I don't want him touching me. I don't give him the time of day, but he keeps trying to touch me." He seemed to become more emboldened by her saying "No". She has thought about getting an attorney, but wonders how she will explain why she did not do something sooner.
When she returned he had moved back from the desk and directed her over to his side of it so that she could clean the top of the desk. She thought to her self, "I'm glad that I don't have to reach across that desk." As she picked up the papers and patted them down, shenoticed that he seemed less agitated and was just looking at her. He asked her politely, "Oh, there some coffee over on the side of the desk where you were when you were pouring the coffee." As she reached over to get that spot she felt his hand ever so gently but persisently stroking her upper rear end with slow easy movements as he said, "I'm sorry dear that I yelled, I'm just under alot of stress." In a state of shock she just froze and did not know what to say. Him touching her sent chills of disgust through her entire body. Her mouth dropped as he was touching her from behind and she wanted to yell, but the old memories of how she had been abused in the past by her ex-husband just rolled over her like a tidal wave and numbed her feelings. She left the office and went directly to the restroom.
All of sudden she began to weep uncontrobably. She was a single mother who was struggling to feed her kids. Her job skills were not the best and her self esteem was very low. She thought to herself, "If I say anything I'm going to lose my job and we'll be right back on unemployment. How am I going to pay the rent and keep food in the refrigerator for my two children." This was a crisis that she felt had no happy ending for her or her family. She thought, "Well sometimes a mother has to sacrafice her dignity for her children. This will probably never happen again." She composed herself and went back to her work station hoping noone else had seen what happened to her. She was not only embarrassed that he had done this to her, but she also was petrified that someone might find out that it had happened and would talk about it.
As the months progressed so did his touches and provacative language. Each time she was triggered by his advances she retreated to the safe harbor of the women's room hoping that it would never happen again. She kept on wondering, "Why am I being pursued by this horrible man. Can't he see I don't want him touching me. I don't give him the time of day, but he keeps trying to touch me." He seemed to become more emboldened by her saying "No". She has thought about getting an attorney, but wonders how she will explain why she did not do something sooner.
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