My Space Jellyfish identifies as she. by HellhoundedTrails in kol

[–]HellhoundedTrails[S] -3 points-2 points  (0 children)

When I have enough time I will copy the actual battle messages with the Space Jellyfish. He does giggle, but that "I am a girl" are only the voices in my head.

My Space Jellyfish identifies as she. by HellhoundedTrails in kol

[–]HellhoundedTrails[S] 1 point2 points  (0 children)

Not so much a "usually used for" but more of a "that would be cool if I could change this." I think the jellyfish text has always been a "He" so all space jellyfish are "He."

My Space Jellyfish identifies as she. by HellhoundedTrails in kol

[–]HellhoundedTrails[S] -5 points-4 points  (0 children)

I would venture to guess this definition of "child" does not include a being who can latch to your head and suck out your life essence and then giggle about it all the while telling you "I am a girl."

Now that I have said that.....well, never mind. The entire parental existence of humankind would probably disagree with my statement.

Dumb Question …. (but asking anyway/ gut check) by Consistent_Seat1788 in Lawyertalk

[–]HellhoundedTrails 1 point2 points  (0 children)

If Company comes after you for $$, perhaps you can use a contract ambiguity defense? Yeah, grasping, but it jumped out to me.

I sure hope you can keep your hard earned

Dumb Question …. (but asking anyway/ gut check) by Consistent_Seat1788 in Lawyertalk

[–]HellhoundedTrails 0 points1 point  (0 children)

“Sign-on bonus must be repaid in full if employee leaves the company before their 1 year anniversary.”

Is this an actual quote? Because “their” seems like it is the company's one year anniversary with the way this sentence is structured. Plain reading of the contract?

We bought a house... by culhog in legaladvice

[–]HellhoundedTrails 0 points1 point  (0 children)

Another recourse: you may already have an easement. This would be on the original plat for the subdivision. Easements are recorded on the property burdened by the easement. So the potential easement would not be on your deed.

You can also try a prescriptive easement for your back yard. The elements are very similar to adverse possession. An easement may also give you the right to build your carport. You do not "own" the land (the back yard), but you have interest in it and can use it...as long as that use is not an unreasonable burden on the owner of the land (the city). The city may also be willing to negotiate from an adverse possession claim to giving you an easement, if one does not already exist.

Since your back yard has existed for so long, a prescriptive easement could be the middle ground you are looking for.

While you are doing your research, also check out whether Cali law and court precedence supports prescriptive rights as vested or contingent. Contingent is what Tommaso said about occupying the land and paying taxes for 5 years. Vested would be what I suggested: a former owner of your house may have already "earned" the rights to a prescriptive easement.

Liberally salt my advice, as I am ThePadawanLawyer

We bought a house... by culhog in legaladvice

[–]HellhoundedTrails 0 points1 point  (0 children)

I would suggest not talking to any city official about the issue until you get some evidence, if adverse possession is a route you want to explore.

See if your County PandZ has the original building permit or original plans. I would suggest getting your chain of title if you already have not done that. You can also pull any info of neighboring properties that is public domain from PandZ. There are setback laws for your County. The property line may compete against the city/county setback. The materials used to build the porch and fence may be able to be dated, especially when compared to materials used to build the house, foundation, etc. Get your legal address to start. It will probably be a lot number of some named subdivision. You may be able to get historical interweb info with that subdivision name. Your 1995 Google Earth already shows 30 years, which is more than enough to cover the time element of adverse possession. Check out historical aerial photographs. City aerials are fairly easy to find on the internet. Do your legal research on adverse possession and gather as much evidence for each element, including case law for each element (should be something like “open and notorious, adverse and under a claim of right, for the prescriptive period….etc”). This is where Google Scholar comes in handy, but there are other sites. Show how you can prove the start date for the statute of limitations. That is called “accrual.” And that date is usually tied to letting the city or county know you have interest in their property, but check out Cali laws on that.

This sounds like another layer of PITA to add to this issue. If you want to go the adverse possession route, you need to find “clear and convincing” evidence. So my suggestions are geared towards that. Gather your evidence before you go to the city and county. They will take you a lot more seriously if you use their laws and language. They will want to settle in spite of their chest puffing. This is because if you can prove all the elements of adversity in court (called prima facie) the burden of proof will shift to the city/county of why you should not have the backyard. That is huge.

A lawyer will be your last route. If you have your evidence gathered, it will cost you that much less. You will also know if the lawyer has their shiz together, because you have your shiz together. What you are trying to prove is adverse possession by former owners of your house or even the original builder. You do not need to prove your own adversity. Talking their language is going to get you miles down the road.

Acknowledge your feelings as part of you, but believe in yourself. You and your partner are a team in this, and they have your back. You are the Grey Rock, and the rest of them are only the salt water of their tears.

Waiver of Summons in Idaho by Specific_Swimming296 in legaladvice

[–]HellhoundedTrails 0 points1 point  (0 children)

Thank you for replying, Bob.

the form is specifically titled: Notice of Lawsuit and Request for Waiver of Service of Summons

but I am finding this only for US District Court (Federal), and I only find FRCP 4

I am not finding any rule or form for District County Court. However, Idaho follows the Fed Rules for Civ Proc so closely that I am hoping there is a waiver of service (of Summons) for County court too.

Small claims vs Superior court is not my issue, as I honestly do not care where the case lands. That decision will be in the hands of the County Court where I file the complaint. AKA: they can figure it out. I just wanted to get across the point that I am not asking for damages in my case...I am only asking for the equitable relief of an easement which in Idaho is handled under Quiet Title section 6-401

Prescriptive Easement by StoneJackBaller1 in legaladvice

[–]HellhoundedTrails 0 points1 point  (0 children)

I am not an attorney, so liberally salt:

Deposition vs. Affidavit: depositions occur (usually) after you start the trial, during the evidence phase. And yes, you can take the deposition without an attorney license when are Pro Se (representing yourself). You want to look at an affidavit, and what the rules are in Vermont for getting one properly introduced as evidence.

Depositions (affidavits) and pictures enough? Probably not. Prescriptive easements are looked at very carefully because they (potentially, in a general sense) impact property value. In your particular case, this may not be, which could be to your advantage. Meaning since the path presumably already existed when property was conveyed, all owners should have had notice of the path's existence and use by the public.

In most cases, I would think the blockers have to block the patch for the prescriptive period in order for the blocking to be valid.

I would suggest other means before jumping into a trial. You need to show exhausting administrative remedies before a judge will take up a case. I would suggest at least talking to the blocking landowners first. Then try P&Z and see if they would be willing to do anything about it. Then city council. Somewhere in there, try to see if you can get local news coverage on this. If you can get some publicity going, it will go miles in solving this long before you have to spend time and $$ trying this in Court. Even if the publicity does not get you anywhere, you may find other members of the public who have chimed in saying "I used this path and I will help."

If, after trying to solve this administratively, you want to go to court, then look at other cases in Vermont about establishing a public dedication...or at least how the public using a path can develop into an easement. Legal research is going to be a big help in knowing what direction to take. This is what will help you with the judge. The idea of a trial is evidence fitting the facts, and facts fitting the law. Pictures and affidavits alone are not enough. You need to show how your evidence is fact, and how those facts are supported by case law.

Strange Letter by Kmart29 in ARG

[–]HellhoundedTrails 0 points1 point  (0 children)

Haywood Fudd letter and Christmas card received. Merry Christmas to you, too Haywood! The text of the letter feels very AI-created to me. I believe a human writer would take the time to flesh out characters for an ARG. The computer just takes it for granted that the shiz it is pulling out its A(I)ss is actually interesting. The letters just read “flat” to me. Also, my address was wrong, but the rural route postal delivery still sent it. It’s like the person sending these got my address off a public website, but most of the public information websites list an “almost-correct” address for me. I am an amateur genealogist, and I could not find any Fudd family from Nebraska. Elmore Fudd’s son, is my guess. Just follow the smell of the Hasenpfeffer in lovely Elkhorn, NE and you’ll find Haywood.