We need help with an Injunction Against Harassment.

My wife is filling for a Injunction against harassment tomorrow. She will most likely get the injunction but the person that is harassing her will fight it. My wife is not going to be able to stand up in a formal situation and argue the facts in court if this happens. We are looking for a attorney that will go to court in the east valley and talk for her when this happens. Also I would like to get information on Criminal Conversation and or Alien affection in the state of Arizona.

A: I have handled this type of matter before in various East Valley Courts (municipal and Superior Court). You will want to “have your ducks in a row” before going to the harassment hearing. Courts do not just hand out favorable rulings on these unless the legal conditions are met. In addition, if it is a situation where your wife has a past relationship with the harasser, there are additional possible legal complications that you will want to plan for. You can obtain our firm’s experience and contact information at: www.gundersondenton.com.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

By , Mesa Litigation Attorney.
Re-posted from AVVO Legal Questions & Answers.

Possible penalties for unintentional violation of copyright law?

In 2008, I purchased the Your Baby Can Read program from someone on Ebay for $125.00 (my oldest daughter was almost 2 and my youngest was in utero). Earlier this year, when my youngest turned 3, I decided I would no longer be needing the program and instead of throwing it away, I re-listed it on Ebay to try and recoup a little bit of my money. I initially listed it for $75.00, then dropped the price to $60 and then to $50 at which time it sold. Shortly after the item was delivered, I received an email from the buyer stating the item was “copied,” that she wanted a refund and that she had contacted “Your Baby Can Read.” If the item was, in fact copied, I certainly did not know it – what are the possible ramifications of this situation for me?

Additional information
I have already refunded the buyer’s money but now she is not communicating with me. It is doubtful I will ever get the DVD’s back. I can no longer prove who I received the item from. Ebay does not keep transaction records back that far. PayPal does, however and I have figured out which PayPal transaction was the one where I purchased this item, but PayPal does not appear to have information concerning what was purchased. So, I have the information, I know who I purchased it from, but may not have sufficient proof for them to go after the person who sold it to me.

A: This is probably just a case of an unethical buyer lying to get his or her money back. However, it sounds like you’ve done everything you can. While it is true that the penalties for copyright violation can be quite severe (as I can tell you from having litigated these cases in federal court), it seems unlikely that you will hear from anyone more about this.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

By , Mesa litigation attorney.
Re-posted from AVVO Legal Questions & Answers.

I took my car to MB for repairs and they seriously scratched my car. I have pics. Before and after, what can I do?

Originally took car for repairs. Car is insured as classic. I spent $10,576 for repairs. Had problems with car before I left MB lot. Car was kept 2 months. Work done on fuel tank. I smelled gas fumes. I took car back. They returned my car with scratches on exterior and wood grain panel interior. I called GM and sent email. Called Mgr and Service asst. I found mechanics did unnecessary work and provided docs to show work had already been done. They gave me small credit. What can I do about damage done to my car? I have pics before and after. Always take pics of car. Car body and interior is in great condition. This damage will impact the asking price should I want to sale.

If they negligently damaged your car, then you probably have a claim for damages for the diminution of value of your car. You will want to look at the garage slip (contract) to see if there is anything in there that limits your damages. This is probably a small claims case, since it might cost more to hire a lawyer than the case is worth.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

By , Mesa Litigation Attorney.
Re-posted from AVVO Legal Questions & Answers.

When does the 30 day timer start for diversity jurisdiction in the instance of potential removal?

If a Defendant receives a served complaint in which they know right off the bat that all defending parties named therein are outside the state in which the Plaintiff is a citizen, when does the 30-day timer start so as to timely file a notice of removal to federal court from state court? More specifically, does the timer start only at the immediate time of Defendants’ knowledge that the minimum jurisdiction requirement of $75,000 is alleged by Plaintiff (such as through an initial disclosure)? For example, what if Plaintiff’s Complaint doesn’t specify numerical monetary damages, and is generally just claiming damages without listing specific numbers? Is it 30 days from the receipt of the complaint, or 30 days from the date of not only complaint, but also knowledge of jurisdictional limit?

Additional information
Also, when it comes to corporations and LLC’s, what constitutes an actual “principal place of business” for determining diversity jurisdiction? Would an LLC’s or Corporation’s regional headquarters (West, East, South, etc.) likely be viewed as a principal place of business, even if there are multiple regional headquarters?

A: Unfortunately, the answer to your question is, “It depends.” Usually the 30 days starts when the defendant is served. But there are a lot of moving parts here, and you will want to consult with a Mesa litigation attorney who is experienced in federal court. Federal courts do not “mess around” on these issues, and if you blow a deadline you should not expect to get another chance.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

By , Arizona Litigation Lawyer.
Re-posted from AVVO Legal Questions & Answers.