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You might have heard that an eviction in Massachusetts takes 4-6 months. While this is technically an accurate average across all eviction proceedings, it's skewed by most cases settling within the first month or two, usually through mediation or payment. If a case goes to trial to have a tenant removed, it always takes 6+ months.
A tenant with no valid defense who loses every motion, hearing, and appeal can still delay the eviction repeatedly, sometimes a dozen times or more. Each delay adds weeks or months and they can add up to years.
Read more... )
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Later this year the statute of limitations will run out on a five figure property damage claim that I need to file, either in small claims or general civil court in Alameda County, California. I have not been able to find an attorney or agency to help me determine the appropriate filing(s) to make, let alone an attorney willing to represent me if I decide not to file in small claims court.

As brief a summary as I think can do the situation justice: I parked two transit buses that I owned on a fenced lot partially rented by a friend with their permission. Friend's landlord told him to tell me to remove them or he would tow them. Before the tow deadline, landlord instead moved the buses (how?) within the lot and hired a construction company demolition team to remove the interior paneling and wiring from the buses, rendering them inoperable. One friend was witness to the arrival and work of that crew. Before I could arrange to sell the dead buses, landlord rented the lot under them to a govt agency (EBMUD) and that agency pushed the buses around with a rented bulldozer causing significant exterior damage. Once they were damaged inside and out, someone (identity TBD?) reported them as blight to the city, so the city towed them and immediately destroyed them before I received notice they say they mailed to me. My administrative claim for damage compensation to EBMUD was denied.

In the condition I parked them, both driven onto the lot under their own power, with interior seats removed and insignificant to minor/moderate exterior damage, in the SF Bay area, I would expect them to have sold for $10-15k each. Equivalent (size, age, condition) replacements are not commonly readily available; I would expect to pay $15-30k for functional replacements without months of lead time.

Left to my own devices, I expect to be naming as defendants some combination of the lot landlord/owner, his real estate holding companies, the construction company, its owner (for whom it is named), its employees involved in the damages (identities currently unknown), EBMUD, the EBMUD employees who had access to the bulldozer keys that day, their supervisors, and the city's blighted vehicle destruction program.

I would appreciate any direct referrals to attorneys who can advise or represent me. Or just any direct advice on naming defendants, how to determine damages, whether/how to split the case into two or more, and whether one or more of them should be in small claims court.

I know that making public posts about a pending civil action is generally contraindicated. If I hadn't already tried half a dozen referral services and spoken to a dozen attorneys and law firms who declined to help I'd be a lot more circumspect. At this point I either find some help through this public outreach or I wade into this ordeal blind and alone.
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 https://definitions.uslegal.com/b/breach-of-fiduciary-duty/
 
It has become apparent to me that a lot of people are entirely unaware of this concept. Even among people that I know who are aware of it, they seem to be generally unable to incorporate it into their perception of others' actions.
 
Normally I would be very general in a post like this, but I want to open with an example that is at the forefront of my life right now, in the hopes of giving you something to anchor your thoughts to. That example is as follows:
 
As a board member, I have a **legal obligation** to prioritize the success of the Loophole project over any individual's feelings or the health of my own relationships.
 
I am not going to go into the history of fiduciary law here. If you want more details on that there are plenty of legal resources online. If you object to this duty existing, you will need to take that up with about a thousand years worth of judges and legislators.
 
My purpose in this post is to discuss my approach to obligation and duty and responsibility more generally. Before I had ever heard of fiduciary duty, and before I was mature enough to grasp legal concepts and jargon, I was raised according to what I now recognize are the same core concepts that lead to those laws. The duty that a fiduciary has to their client, I feel to some degree to every person and project to which I apply myself.
 
When I say I'm going to get a project done, I'm going to prioritize it over other things and people that I have not made the same commitment to. When I say I'm going to protect you, it may be at my own expense or harm to myself.
 
This shows even more intensely when the other people have made the same commitment, and I have written about that before. If you and I both commit to getting a project done, I am going to value your feelings less than those of someone else who did not make that commitment, and theirs generally less than our goal.
 
Think of it this way... Before you and I try to hang a painting together, suppose we formed Hanging This Painting LLC and both signed on as board members. As fiduciaries, we would each be required to prioritize the success of the company over other not-illegal outcomes for third parties (such as a neighbor being unhappy). Further, there are effects that would be illegal for us to force on a third party that we might be required to endure ourselves (such as missing work at our day jobs).
 
That imaginary scenario is how I feel about almost every such endeavor, to some degree. This is why I frequently find myself choosing success over failure in a project even when it means making another person involved in the project upset; because that's exactly what I would be required to do if I had officially accepted the duty of getting it done, as I have with the corporations on whose boards I sit.
 
I know most people don't feel this sort of duty or obligation. I occasionally revisit this topic in the hopes I'll learn something new or come to some new realization or understanding. Today I'm just trying to give it a bit more context and framing since the legal aspects are relevant to my life at the moment.
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Some words on the recent drama and controversy surrounding CoLab...

Read more... )
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I am thinking about suing businesses that robodial my cell phone, or call with prerecorded messages. I will make some enemies, and possibly lose some services*, but weighing that against the potential monetary judgements (a gentleman in DC who does this makes thousands of dollars per year) is pretty tempting.

The TCPA provides for laws and regulations that cover all of this, to the tune of $500 per infraction, some individual calls being multiple infractions (robodial, pre-recorded message, etc).

In Georgia I would have to file in Magistrate Court, since we do not have a Small Claims court. That means defendants could bring a lawyer, which would hurt my chances of winning.

* - My gas utility provider might cut my service off if I sue them, but they have made at least $10000 worth of infringing calls to my cell phone already this month. If I can recover even 10% of that, it would be well worth switching gas companies.

Legal Citations )
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Hypothetical... I am downtown. Peachtree Center security asks me to leave their property and not come back. Small problem, I work in (but not for) Peachtree Center. If I come to work, I am trespassing, so that's not an option. Is there any approach here that retains my eligibility for unemployment benefits? Is the reason I was asked to leave the property relevant?

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Clarence "Sparr" Risher

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