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    Wednesday, March 3, 2021

    Legal Advice Doctor didn’t remove gall bladder during weight loss surgery and billed insurance

    Legal Advice Doctor didn’t remove gall bladder during weight loss surgery and billed insurance


    Doctor didn’t remove gall bladder during weight loss surgery and billed insurance

    Posted: 03 Mar 2021 11:44 AM PST

    Texas resident here. I had weight loss surgery in 2018 and the doctor told me he had removed my gall bladder, also billing the insurance for it. 3 years later I'm having issues in my abdomen, my pcp send me to get a sonogram and surprise!! I still have a gall bladder. Well pcp indicated I need to get the gall bladder removed because I have stones and it's in bad shape. I can't because insurance will only pay once during my lifetime for this procedure. I've already filed reports with the insurance regarding fraud but it'll take a month if the doctor responds.

    Question: do I have grounds for a malpractice suit?

    submitted by /u/dnslyamb
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    [UPDATE] The thieves got away with it, but my insurance is covering the loses in full.

    Posted: 03 Mar 2021 11:19 AM PST

    Original Post

    First off, thanks to everyone for the advice on my last post! Thought I'd post a quick update my situation.

    Ultimately, the PD were unsuccessful in acquiring a license plate from the photos/videos provided by the apartment staff. The two criminals got away, and have probably raided more storage units elsewhere since then.

    I think it's safe to assume there is no foul play here, the apartment staff have been helpful and sent additional videos to the PD (they just needed a little push from me after it was stagnant for a while). I wish they would inform the entire community that lives here of the unsafe storage units, or at least that there was a break-in, but I suppose that would only lose them money. They should at least upgrade their cameras, what's the point of them if you can't make out any detail. Oh well.

    Also, my insurance is covering everything in full. There was some confusion at the beginning since it was a storage unit, which is why they originally told 20% of my maximum. Once an adjuster was assigned and reviewed it in more detail, she determined to cover everything since it is part of my primary residence.

    I did receive video that shows the two thieves and their truck. There were 3 other storage lockers that were raided. It only took them about 15 minutes to cut locks and load everything up; very impressive, they are clearly experienced! Unfortunately I could not add this to this post due to rules.

    A life lesson for myself, and everyone who reads this: Never store more than you're willing to lose in a storage unit, some people suck and will break in. Or, just have good insurance.

    submitted by /u/osikowim77
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    Power line people messed up our yard and garden after they said they wouldn't putting in a new power line we didn't ask for

    Posted: 03 Mar 2021 06:33 AM PST

    So Consumers Energy is putting up new power lines and made it seem like we had to let them do that in our backyard. They cut our apple tree without permission, damaged our yard in a lot of expensive ways, and they broke our fence and damaged our garden. We want them to fully pay for everything but I don't know the first step I'm in Michigan

    submitted by /u/IreneAnne16
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    Husband led double life. Bank fraud, forgery, and divorce problems.

    Posted: 03 Mar 2021 11:59 AM PST

    I married a Crook!

    10 months into my marriage, my husband ("W") began forging my name on bank loans without my knowledge, permission or consent. He admitted in a Deposition that he snuck my California's driver's license and had another woman impersonate me to illegally sign a bank loan. In 2013—while cleaning out boxes in the garage, I found his hidden file and learned of that crime against me.

    I recovered dozens of forged banking/real estate records at the Registar-Recorder's office (L.A. County).

    "W" moved so much money around over the years, + used loan sharks on certain transactions. He led a double life as both a "married man" and "an unmarried man," enslaving me in lifelong debt and grief.

    In 2005 he did it again at a big bank for a $200,000 payout. "W" moved out-of-state six years later. (With his exit, he unknowingly tolled the FERA statute for mortgage bank fraud.)

    Two weeks ago a different major American bank's Fraud Department told me that they paid off that 2005 bank loan. That bank fraud payoff resulted in my current mortgage debt of two bank loans. Up until two weeks ago, I could not access the bank's online site, due to "W" having had me listed as "only an authorized user" and/or "co-borrower only," not the holder. The bank's Fraud Department unblocked the accounts for me.

    "W" filed for divorce in March 2015. I filed a civil case against him for damages. He sued me for suing him; we served him with an anti-Slap suit (we prevailed). But since then, nothing. The civil case is old; more than five years since filing. Can this civil case be rolled into the family law one?

    Question # 1 of 3: Can I have the old civil case consolidated into the family law case?

    If the cases are consolidated (civil case merged into family law case), will the Judge hear the financial fraud bank loans, forgery, aggravated ID theft, and other financial issues? I want to get in front of the Judge to present all the official evidence and official documentation. I recently obtained a great accountant—who is piecing together the massive bank fraud (from 1989 to 2005), and a great forensic, highly qualified ABFDE handwriting expert who has testified in 150 court cases. Will the Judge take into consideration all the bank fraud & my financial losses in a CA Family Law Courtroom before deciding the split of our one property (my son's and my home). I am asserting that "W" pulled all the equity + more out of the house with his decades of bank fraud, legal interest, etc.

    Question # 2 of 3: If for some reason, the civil case does not get consolidated into the family law case, can I simply drop the civil case and then will the Judge hear all the financial fraud information?

    Question # 3 of 3: In Family Law court, there is an upcoming Hearing to set trial date. Attorneys want to mediate. "W" wants 50% of house (my only asset). He left ten years ago and doesn't pay any bills. I am asserting he "took" all equity out already. I want to get a bench trial in front of the Judge, where the Judge can see all evidence, talk to experts, and based on official findings make a decision on who gets the house, or to what percentage.

    Please help us solve this. Thank you so much. Your brain power is greatly appreciated. Any suggestions, thoughts, ideas are welcome.

    submitted by /u/TrickedbyLove
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    Update-"Ford Can't Fix Truck and Has No Suggestions, What Do We Do Now? California"

    Posted: 02 Mar 2021 02:33 PM PST

    Original Post

    I figured I would update this since we just settled. Lemon law covered our truck. We retained an attorney and filed after Ford told us that they wouldn't buy back the vehicle. Two weeks later, Ford decided to settle. The $8k we had remining was paid off, the attorney's fees were paid. We got back our down payment ($12k), and a nice chunk on top of that to cover our payments for the last few years. It did take 4 or so months to resolve and we bought another vehicle so we would have something to drive in the interim. All in all, aside from the huge hassle of the whole thing, the systems in place protected us and we were made whole.

    submitted by /u/wildmaja
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    New Jersey: Employer asking me to report to work for little to no money

    Posted: 03 Mar 2021 05:15 AM PST

    I am a New Jersey resident working for a terrible employer. I was hired two months ago as a full time employee. However, as soon as I started, they started losing business and cutting hours with no explanation to the employees. I have yet to exceed part-time hours.

    Because they've lost business, there's not a lot of work to do. If there's no work, we're not allowed to be there clocked in. We have to leave. However, there are clients who drop off work at random times. The work usually takes no more than 10 minutes when this happens. My employer asked us to be practically be on-call for free during these times. There are people I work with who clock out and go sleep in their cars and wait for clients to arrive to do the work. Then, they to clock in, do the work, and go home. So they are making themselves available to work for many hours, but only earning very little.

    Personally, I am being asked to go check the amount of work we have on Sunday mornings and notify my supervisor if there is enough work for more employees to be called in. If there is no work, I have to turn around and go home. Since we've lost so much business, I've only ever been able to work and earn an acceptable amount of money on 2-3 Sundays of the two months I've been here. So, I have to make myself available to work on Sundays, most of the time, for free. If I'm in and out of the building quickly, and I'm only allowed to clock in and get paid while inside the building doing work, I end up barely getting paid at all. So basically I feel like I'm doing this for free.

    Obviously, I work for a very terrible business. I am trying to research New Jersey and federal employment law to see if I have any type of protections against what is happening to me here, but I don't fully understand what I'm reading. Any advice would be appreciated. Thank you for reading.

    submitted by /u/thefox_and_thewolf
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    Dad assaulted my boyfriend in our home. Can I get a restraining order if he has been living there?

    Posted: 03 Mar 2021 08:28 AM PST

    My 23F boyfriend 23M are renting a duplex together in Oregon, USA. We're both on the lease and my dad has been staying with us since he fell on hard times. He's had a history of violence that I thought he had grown out of.

    Yesterday he sucker punched my boyfriend and hit him repeatedly when he pinned him down. My boyfriend didn't touch him. I wasn't home but my boyfriend called the police. My dad said was hit also so the police couldn't do anything. They also said that since my dad is getting his stuff mailed here and has been here for awhile, we legally can't kick him out.

    Is that it then? We have to go through a 60 day eviction process after he fucking assaulted my boyfriend? He had a concussion and his nose was bleeding forever. Can I get a restraining order? Or would that be null because he's in my house? Any help is greatly appreciated.

    submitted by /u/Throwawayyzzzzz9874
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    What are my options to prevent wellness checks?

    Posted: 03 Mar 2021 09:04 AM PST

    I'm a (20f) who recently cut ties with every single person I know including my family. My mother (60f) and I are not close at all and for various financial reasons in the past month, she has bombarded my phone to the point that I blocked her. I'm a college student who attends a state university in Illinois and since then she has contacted my school and now forces wellness checks on me to force a call from me. When my school contacts me they ask me to call my mom to end the check-in and I have only done it the first time. The second wellness check I ignored since she did it about a week later and my school just emailed me about it. However, this morning after another one of her attempts some officers were sent to my dorm to question and make sure I was alright. They explained to me that since I'm an adult they can't and won't force me to get in contact. I don't want to get in contact with her and I'm scared that my plan to "runaway" essentially has already failed. After the cops came I nearly passed out. I don't know what to do anymore. I can't stop the wellness checks nor prevent her from constantly contacting my school and housing department forcing a wellness check.

    I know she is not contacting me for actual health/ well-being concerns as she hasn't contacted me since Christmas I think. Her sudden interest is only financially motivated and she just wants me to send her money. Last time I called her I told her to leave me alone and not contact me nor my school again. I'm really frustrated. I've been saving up money so I can get an apartment but I'm considering moving out of my dorm early as I'm scared she might drive down to my college and force me to send her money; which she has done before. I don't feel as though it's my duty to take care of her or provide for her when I'm a broke college student who has been supporting herself since I was 16. She has never done anything for me except deteriorate my mental health. I finally decided to "disappear" and had no clue she could force contact with me like this.

    What are my options? Another Redditor mentioned getting a restraining order but I don't know how to go about that nor do I think I have enough evidence to file one.

    submitted by /u/negamoonspoon
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    Landlord 24Hr Notice of Entry. Can They Search Through all of your belongings? Like open taped shut boxes and go through them?

    Posted: 02 Mar 2021 04:33 PM PST

    So like the title says i was given a notice of entry. Afterwards Im given a rtdrs hearing notice. They had gone through everything. My boxes that I still had not unpacked. My roommates belongings. They went through everything and took pictures. The reason for the notice of entry was to inspect the condition of the premises. To my understanding they are not allowed to go through my stuff.

    Can someone please clarify if what they did is proper or not? I can provide more details if required.

    I live in Alberta, Canada

    Thanks

    submitted by /u/Mostly_stimmed
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    TX - Neighbor tore down fence

    Posted: 03 Mar 2021 12:58 PM PST

    Neighbor never had a fence on their side. Last week they ripped down my fence without my permission and proceeded to tell me it's a shared fence and that the new fence will be nice. Deal with it. I say we will just build our fence back. Their contractor comes to tell me there is no such thing as a double fence and you will never see two fences next to each other. He also says we should be happy about getting a new fence "for free". Their fence is waaaaay bigger than mine and it doesn't match the rest of my fence.

    What recourse do I have?

    submitted by /u/SunTaurus
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    Rent increase/termination threat in the middle of a lease

    Posted: 03 Mar 2021 01:46 PM PST

    I am living with roommates in an apartment on a two-year lease that started last fall. This morning, our landlord sent a message out of the blue stating that he wishes to either terminate the lease or increase rent. We aren't sure where this came from (the last contact we had with him was arranging a technician to fix an appliance) but wanted to find out what our options are in this situation. The lease states that valid reasons to terminate include partial destruction of the property, failure to pay rent, violation of terms and conditions in the lease, and eminent domain. At no point have we paid rent late, as far as we know we have never violated the lease, and we are in Pennsylvania. The text he sent is below:

    Unless we can come to some compromise I will be forced to give you notice to terminate the lease so as to increase the rent substantially. You are paying substantially below the market rate. However I do not wish to lose you as tenants so please let us discuss.

    Does he have any standing to increase rent or terminate the lease?

    submitted by /u/ozbug
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    Urgent care gave my information to a lawyer after appointment

    Posted: 03 Mar 2021 01:21 PM PST

    I was involved in a car accident two weeks ago and went to get checked out at an urgent care, wasn't able to get in with my PCP. I had to specify the reason for the appointment, and I had to give them the accident details and insurance claim #.

    A few days after that I received a call from a lawyer asking me if I want to sue the person who hit me. He knew I had an urgent care visit and that I was in an accident. He didn't say that he knew anything else and I was so caught off guard that I didn't ask. I didn't sign anything at the urgent care that they can give out my info.

    Can the urgent care legally give out my info like that? I am in NY.

    submitted by /u/la_throwaway344365
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    [VA] Being subpoenaed for posting anonymous videos of public official doing something illegal

    Posted: 03 Mar 2021 02:54 PM PST

    [Virginia] If I post videos anonymously (profile only for posting the videos) of a public official doing something illegal on Twitter, could I be subpoenaed from a court? I took the videos in a public place of a public official driving recklessly. If it goes to court, will I have to go as a witness? Will Twitter give up my information? Or will the video be enough for the prosecutor? I may travel internationally and don't want to be subpoenaed out of the country for a court case!

    submitted by /u/yourkillingmesmalls9
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    I bought a condo two months ago, now the HOA is selling the property

    Posted: 02 Mar 2021 06:29 PM PST

    My wife & I bought a condo two months ago & we just received an e-mail that the HOA is considering selling the entire property to a large real estate investment firm. We were not informed at any point during our purchase and closing of any moves by the board to sell the property. The former owner was also the former HOA president, do we have any legal recourse if a sale moves forward?

    submitted by /u/PaulKagame69
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    [Norway] I’m getting sued for filming a video of my co-worker at our workplace

    Posted: 03 Mar 2021 01:09 PM PST

    So this entire situation is quite special.

    I've worked at this firm for a bit over two years. I have a co-worker, who I also see in private. We're pretty close outside of work.

    In November of 2020, we were bored outside of working hours, and decided to make a video, whilst still on the company's premises. In the video, i film my coworker saying "if you like long working hours and six day work weeks, this is the place for you". The video is under ten seconds long, by the way.

    We both quit our jobs in January, as we felt 45+ hour work weeks was way too much for the pay we recieved. 14 days ago, we both got a lawsuit from the firm, stating that this video we made, was made to miscredit the company and to ruin their reputation. They told us we both have to give back our salary from November, December, January, and we won't get paid for our month in Febuary. They found the video by accessing my company issued E-mail (i sent the video to myself to save it on my pc, since i'm quite tech illiterate and knew no other way) I know that the video is very childish, but i have not shared it anywhere or sent it to any of my friends whatsoever, and i feel that this is quite the overreaction from them, since I haven't shared it anywhere. What the hell do I do?

    Also I'm sorry for butchering the English language. Not my mother tongue.

    submitted by /u/uliveralex
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    Taking ex-wife to court for the 6th time!

    Posted: 03 Mar 2021 02:41 PM PST

    Last time my ex-wife and I went to court the judge ruled she owed me $6,000 and that she was to give me 6 months of income statements and let me claim on both boys for taxes. She claimed both boys this year so I filed for court and we go to trial on April 20th.

    Part of the court paperwork states: If there are disputed legal decision-making (custody) access or visitation issues, a specific proposal for custody and parenting time. What does that mean?

    submitted by /u/sundevilchris
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    Fired for discussing wages

    Posted: 03 Mar 2021 08:52 AM PST

    Hi everyone, I hope you all are having a better day than I am.

    About 2-3 weeks ago my coworkers and I were having a discussion regarding our work environment and how we feel undervalued and not heard. One of my coworkers started asking everyone how much we were getting paid and when it was my turn to speak I told them. This was a weekend and only 4 of us were there, but we were all discussing our wages. From this conversation I learned that I was being paid more than another employee that had been there longer than I was. Fast forward to yesterday I worked my entire regular shift and was notified by the end of it that I was being terminated. The other employees are still there as I post this. I'm have consulted with an employment law firm this morning and now I am just waiting for a call or email back regarding if I can be represented. I have no idea what to expect, or what to do next about this but I know that I can't let this go because I have a family to support.

    submitted by /u/antigirlscoutcookies
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    NJ - Landlord's Property Manager says it is illegal for roommate and I to pay rent separately

    Posted: 03 Mar 2021 11:11 AM PST

    Hi all,

    Location specifically is Bridgewater TWP, NJ. I bring this up because the Landlord's property manager said that this town specifically has this contingency.

    For some background; We are renting a townhome unit. Both my and my roommate's names are on the lease under tenants. On the lease, it calls out this unit as a single family home.

    The landlord (owner of the property) lives in China. I have never directly communicated with them. The property manager (who isn't really a property manager and is more of a listing agent) has been handling all negotiations and communication back and forth with the landlord (I assume this is because they don't speak English well, or time zone issues).

    I went to pay the landlord and keep the Property Manager in the loop by saying something along the lines of "I paid the landlord minus the various things I fixed (which we discussed). Roommate's portion will arrive shortly". To which she responded; "I want to clarify. Both of you sign the lease as one family, not shared house. Bridgewater TWP and HOA does not allow one family house rented to separate tenant. So please pay one full rent each month from now on. Roommate could pay you, then you pay landlord. Any one of you move out or stop pay, the other have pay full rent which means every tenant signed the lease will be responsible the full rent".

    After reading through the lease, I cannot find any verbiage which would say "Roommate 1 and 2 must submit rent as one full payment" or "Rent must be paid as one lump sum". I then read through the HOA bylaws and found nothing close to these terms. I brought this up to the Property Manager and they said "Even if the HOA doesn't care, if the TWP knows, they will not allow to do so because it is one family house by zoning, not a commercial small hotel which could rent room by room to each person".

    This, to me, sounds completely bizarre and I've never heard of such a thing. I would understand if only one name was on the lease, but seeing as both names are on the lease and the landlord is getting the total payment, I'm not sure where the issue is. In the grand scheme of things, I don't really care if I have to pay the full amount and have my roommate pay, but I'm very curious if what she is saying has any legal backing, ESPECIALLY since I called her out on the HOA part and she was wrong. I looked through this site where Bridgewater TWP laws are listed and found absolutely nothing in regards to what she is talking about. Any ideas here, or am I kinda in the wrong here?

    submitted by /u/Confused_Person_1
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    Family member's significant other living in other family members' house without consent.

    Posted: 03 Mar 2021 01:37 PM PST

    Hello everyone. Let me start off by saying I am terrible with legal terms, so please bear with me.

    This all takes place in New Jersey.

    My grandmother has three children who are daughters: my two aunts, and my mother. For the past 5+ years or so, one aunt and her daughter have been living with my grandmother because of financial issues, which, to my family, is not a problem.

    The problem is, however, that the aunt has recently brought over a boyfriend to stay with her. So far there have been two separate boyfriends that I am aware of. Both of these men were/are unknown entities to the rest of my family, including my grandmother. My grandmother does not consent to other people living in her house, and aunt (and her daughter) will not listen to the rest of the family's attempts to convince her to move the boyfriend out of the house. Seems like a simple fix: force the aunt and boyfriend out of the house, because my grandmother owns the house.

    Well, my grandmother isn't the only owner of the house. You see, ever since my grandfather died, the name on the house was changed to include not only grandmother but also her children: my mother, my other aunt, and the problem aunt.

    So my question is: Is there anything the remaining homeowners can do to force my aunt out? Is it as simple as a 3-1 vote out? My mother mentioned something about her being able to stay put if she's been living there for more than 7 years. I don't know if that actually is a thing that could happen. Unfortunately because of COVID-19, my extended family does not have time to go through an entire legal process including a lawyer, nor do we know any lawyers. Is there an easy fix to this? Can we simply get the police involved to force them out?

    I know I have a lot of questions but any advice will mean a lot to my family and I. If someone needs clarification feel free to ask! Also I'm not entirely sure what flair this fits under so please let me know if I need to change it!

    submitted by /u/DoctorSquid-ward
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    [CA] Divorcing and husband is telling wife to go to mediation without an attorney initially to see if they can come to some agreement - what risks are there doing that?

    Posted: 03 Mar 2021 08:37 AM PST

    Some context: My good friend (wife) is getting divorced from her husband and they started a cash-based company together that is probably worth $5m. The husband works on the shady-side of things and breaks various laws if he can get away with it and make money. He's a hustler, controls family assets, and is good at hiding money. High stakes gambling, possible drug sales, cryptocurrency, etc. I think he's going to use custody leverage to essentially keep everything.

    He's telling her that their first mediation meeting not to bring an attorney to see if they can come to something fair. She's naïve and thinks this is a good idea, and claims if he does anything she doesn't like she's going to get an attorney. She thinks she can handle it on her own but I think she's going to get blindsided and screwed.

    My thoughts: I'm guessing he spoke with an attorney who told him he's screwed if she gets an attorney. I'd guess that attorney then advised him to try and go to mediation without attorneys to see if he can get her to agree to something. I also guess that if he showed up with an attorney, she would realize she needs to get one, and then he would be in a world of hurt.

    Or am I wrong? Are the first one or two mediation meetings pretty minor? Can things be said that can be used against her? What bad can happen?

    submitted by /u/AlexHimself
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    Can I use Public NDA work that I was a main contributor of in my portfolio?

    Posted: 03 Mar 2021 03:18 PM PST

    Hi, I'm in a bit of a situation. I worked for a production company, who the owners met me in a very vulnerable situation (at a homeless shelter, very long story you can read my other post, anywho) I possessed the skills and knowledge that was necessary to take their entire brand and family's brands to the next level and we both agreed to collaborate, I signed papers to be employed by them and i find out later on there was a non competent inside of the NDA (which now i know is not enforceable in CA, but am curious about the work), and was told that the harder I worked the more I would see the monetary value pay off on my end, and was overworked and sold a "dream".
    I was yelled at, belittled not treated like a human / harassed and I eventually left for my mental sake.

    Fast forward a week later, after I leave because now I'm trying to figure out how I'm going to make money and pay rent moving forward. I then start my own production company, and get calls from them telling me to cease and desist and saying they would sue me and them telling me to back down because they have better connections and I essentially come from "nothing", I'm just trying to stay afloat by creating and using the skills that I am confident in, which is design and brand strategy.

    I'm not sure if it is alright for me to take a public project that we produced under their studio that I have credit in publicly and use it towards my own studio's portfolio, and just crediting myself as the editor which is true.

    I only made $9k to date with them in a 7 months timespan (whist, living in california), I was severely underpaid and was doing work as an editor / creative director, web developer and production planning / social media manager. Some of the work I helped direct has been on HSN and other networks. I was essentially driving their entire brand and now. I just want to be able to showcase the hard work I put in on these client projects we've collaborated on.

    We already have a few clients we are in conversation with and have paid, but we're at the point now of building a work reel and I want to be able to use those previous projects to grab the bigger budgets and not have to lose progress because of these asshole employers.
    What are my options?

    submitted by /u/simonsway
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    Landlord didn't secure proper business permits before renting to me

    Posted: 03 Mar 2021 03:17 PM PST

    Location: Oakland, Ca

    My landlord did not get the proper permit to turn their space into a live/work space. They are currently illegally renting to me. They agreed to lower my rent but backed out when I asked them for an updated lease in writing with the new amount and are now asking me for the original amount after I sent them the lower amount last month.

    My questions are:
    1) Am I legally required to pay them since they don't have a business permit
    2) Can I sue them for the rent I paid

    submitted by /u/RipOk7542
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