Insurance Claim1

As a law Librarian, I deal in problems and am a purveyor of solutions.  If you've got a problem, I know where you can go to solve it.   Small claims? I know four resources that can help you. Bankruptcy?  Pick your chapter and I've got answers. RICO, unlawful detainer, criminal, appeals (civil OR criminal), military justice, estate planning, family law, tax, federal, UCC, real property (commercial or otherwise), contracts, personal injury.  Whatever you need, answers I've got. So, the other day, a newly minted attorney came into my law library hoping I was all I was hyped up to be.  Turns out he had just accepted a rather messy case.  I mean, it was one of those cases that if he won, it would put him on the map.  If he lost, well.... So, being newly minted and not knowing the ways of the legal world, I introduced him to the world of Continuing Education of the Bar (CEB) and showed him all the great things they offered like: California Civil D...

About 40 percent of the time, the kind of people that come into my law library are the kind of people that have ZERO legal experience.   Zip, nada, nothing, not a clue what to do.   The one good thing they did was walk in my law library because I actually do know what I'm doing. For instance, the other day I had a youngish lady come into my library.  Not a clue what to do, she was told to go to the law library.   She tells me that she had filed suit in state court. Defendant promptly filed a motion to remove to Federal court and claimed that Lady had not properly served defendant, that the case should have been filed in Federal court, and that plaintiff didn't know what she was doing. Well, they got one out of three right.   Anyway, I ask lady if she read the motion.  "No," she replied.  Did you read any of the codes cited in the motion, I asked? "No," she replied.   Did you properly serve the defendant? "Yes," she replied....

Do you remember the civil war?  Sure you do.  It was a battle between the northern and southern states that ran from 1861-1865.  The primary reason the Civil War broke out was because the southern states wanted to secede from the union because, I suspect, the Federal government was trying to ram its ideologies down the southern states throats.  Abraham Lincoln thought differently and by sending troops to prevent succession, the Civil War began. Fast forward 140 years to the year 2005.  The year after George W. Bush was elected POTUS, Congress passed what is known as The Real ID Act of 2005 .  California was, initially, one of the states that refused to bow to the requirements of this Act.  Fact is, there were a number of hold-out states that refused to adopt this federal mandate. It has recently come to my attention, however, that this is no longer the case and after only two weeks since I (a California resident) got my new Driver's License...

You gotta wonder the timing of some things. Take, for instance, November.   November is the month for Thanksgiving and Veterans and wouldn't you know it but just the other day, I had a young Marine come into our law library seeking assistance? Seems a few months back, he was serving overseas. When he got home and was sifting through his mail, he found that he had been served a complaint for a sizable sum of money. Because he didn't respond after 30 days, a default was entered against him. So, let's recap.  Military man is serving overseas and while he was deployed, he was served and a judgement was entered against him.  I think that the operative words here are: WHILE HE WAS DEPLOYED .  The thing is, courts really don't like it when people take advantage of persons serving in the military.  Really, REALLY. I guess because politicians don't like it they created the Servicemembers Civil Relief Act (SCRA) in 2003 under 50 USC 3901-4043 . ...

Picture it.  You've been dreaming of a contraption for years and having just received a B.S. degree in engineering, you finally understand that that contraption is a new mousetrap.  A mousetrap? Really!?! Well, some people dream of mousetraps, some dream of flying .  Tomato, tomaaaaato. So, you build the mousetrap and submit for a new patent. Yeah, that's what you do - because you need to protect your dream.  Turns out, your dream mousetrap isn't so dreamy since the patent office declines your patent request because it wasn't novel enough. Wait, not novel?  What does it mean that a thing is "novel?" Well, as it turns out, according to Black's Law Dictionary , NOVELTY is defined as: Trade secrets .  The newness of information that is generally unused or unknown and that gives its owner a competitive advantage in a business field. Patents . Newness of an invention both in form and in function of performance; the strict statutory requirement that th...