When An Elisor Is Needed

I am not an attorney, I am a Judgment and Collection Agency Broker. This article is my opinion, based on my experience in California, and laws vary in each state. If you want legal advice or a strategy to use, please contact a lawyer. An Elisor is court-appointed person who replaces their signature for another person for documents, if that person cannot, should not, or will not sign them. Sometimes an Elisor fills in for a sheriff or a coroner (when they are unqualified or unavailable) for the specific action of signing documents necessary to complete a court-ordered action. Elisor laws are often similar across the nation, however they vary in many states. In California, CCP 262.8 (c) specifies that when “a sheriff or a coroner is a party, and there is a vacancy in the office of the other, or where it appears, by affidavit, to the satisfaction of the court in which the proceeding is pending, or the judge thereof, that both of these officers are disqualified, or by reason of any bias, prejudice, or other cause, would not act promptly or impartially.” California California code of Civil Procedure 262.8 (c) might be used if a coroner or a sheriff are parties to a matter, and an affidavit is submitted with the court that suggests that they may behave in a way not consistent with what their duties require. One obvious example where CCP 262.8 (c) is useful, is if there is a judgment debtor business owned by a coroner or a sheriff. Another is when a coroner or a sheriff is a party to a lawsuit, another is when there can be an assumed bias. An example of bias could be if the sheriff is not cooperating with a court order for an auction sale of, assets belonging to a relative of the sheriff. Depending on your location, Elisor laws might help if one lives in a county where the sheriff refuses to pick up someone after a bench warrant has been issued. Perhaps one could ask a court to appoint an Elisor sheriff that is willing to actually arrest a debtor (having a current bench warrant for their arrest) and take them into custody. This does not work in (e.g., California) counties where there is no room for civil contemners in the jails. What if a debtor owns stocks in a closely-held company, and you can’t...

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Understanding Eight Judicial District Court Rule 5

Part V of the Eighth Judicial District Court Rules governs practice and procedure in family matters. This was written to enhance the understanding of the rule. For a more comprehensive explanation of the rule I direct you to the rule itself which is not particularly difficult or overly comprehensive. Here, I will only discuss those aspects of the rule which I find pertinent to my particular practice. EDCR 5.02 provides that any hearings may be private upon the demand of either party. This will result in the hearing being closed to all others other than the parties, counsel, and any testifying witnesses. The court may permit an expert witness to remain present in the proceedings if the court finds that to do so would promote justice or the best interests of the child. EDCR 5.03 prohibits discussing issues of any case with children of the case or otherwise allowing such children to observe any record or pleading in the case. EDCR 5.07 requires parties in all domestic relations matters where a child is at issue to attend a co-parenting seminar within 45 days of service of the initial complaint. This rule is often ignored until a judge reviews the record and sees that no COPE certificate has been filed. Proper procedure dictates that litigants in custody cases should be directed to take such co-parenting class immediately after retaining counsel so as to effectuate the 45 day requirement. EDCR 5.13 governs child interview and outsource evaluation reports. Be mindful as counsel that this rule prohibits dissemination of any child interview or outsourced custody report to anyone other than a licensed attorney. Clients are allowed to review these reports while in the attorney or courts custody but such reports are not to be released to parties without counsel. The rule further provides that these written reports are not to be made an exhibit or part of the open court file without order of the court. Lastly, keep in mind that the contents of these written reports may be received as direct evidence of the facts contained within these reports. EDCR 5.11 requires that the parties attempt resolution of matters before any motions are heard. Failure to attempt resolution prior to hearing may result in sanctions. An award of attorney’s fees and costs may be awarded if the court finds that such issues would have been resolved prior to court intervention if only...

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Paye P45 Form Tax Questions and New Employee P45 Forms

1. A new employer should ask a new employee to copmplete a P46 form if that employee does not have a P45. The P46 form is used to obtain the employee details and should be sent to the local PAYE tax office on the date employment starts. If the employee has ticked box A or B the employer can retain the P46 until the new employee earnings reach the lower earnings limit. 2. P45 forms are in four parts, part 1 is retained by the issuing employer and the employee retains part 1 A and should hand parts 2 and 3 to the new employer. The new employer cannot use the P45 tax details unless both parts are handed over. If either part 2 or 3 of the P45 form is missing then the employee must be asked to complete the Inland Revenue P46 form. 3. The employer retains part 2 and enters details of the employee and previous earnings, tax deducted and tax code into the PAYE records. Part 3 is sent to the PAYE tax office 4. A new employee may hand an employer two P45 forms in which case send both part 3 to the PAYE tax office and use the P45 tax form showing the highest earnings for the PAYE records. If the employer is uncertain contact the PAYE tax office for advice. 5. HMRC tax office issue a P6 form after receiiving the P46 form which advises the employer which tax code is to be used. If the employee produces a P45 late but received prior to receiving the P6 from HMRC an employer should use the tax code, earnings and tax paid to date as shown on the P45, providing the form contains a leaving date in the current financial year. If the P6 form has already been received from the tax office then the P45 is irrelevant, filed and ignored for tax purposes. 6. If there is a time difference between the leaving date and new start date the first pay date may result in a tax refund. It is important to check previous income tax deducted was correct. The employer should ask the new employee for details of earnings since the P45 leaving date, for example, the employee may have been registered unemployed and received payments which would affect the tax refund and the social services would be issuing an updated P45...

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Patent Law Basics For The Non-practitioner – Part II Of IV: UTILITY PATENTS

*This article is for non-practitioners seeking to familiarize themselves with the basics of patent types and patentability requirements. This article is Part II of a four part series. Parts III and IV will follow in biweekly installments, and will address Design Patents and Plant Patents, respectively. Utility patents are the most common type of patent, and they’re what laypersons are usually referring to when using the word “patent.” For an invention to be patented, an item must fulfill three conditions: 1) it must possess utility, 2) it must be novel, and 3) it must be non-obvious. Thomas & Betts v. Panduit Corp. 138 F.3d 277, 283 (1998); see generally Kewanee Oil Co. v. Bicron Corp., 416 U.S. 470, 480 (1974). Those inventions meeting such conditions are granted patent protection, which gives the inventor a twenty year monopoly on the manufacture or exploitation of the device. Id. The Utility Requirement: Of the three requirements of patentability, the utility requirement is the lowest bar and is easily met. For the most part, utility is used to prevent the patenting of inoperative devices such as perpetual motion machines (i.e.: a machine that continues to move indefinitely without being driven or aided by an external source of energy). In making a rejection based on lack of utility, the examiner will, whenever possible, provide documentary evidence to support the finding. MPEP Section 2107(II)(C). If documentary evidence is not available, the examiner will explain with specificity the scientific basis for his or her factual conclusions. Id. Specifically, the USPTO’s Manuel of Patent Examining Procedure (the “MPEP”) requires that a patent application express a specific and substantial utility. MPEP Section 2107(II)(B)(1)(i). This MPEP excludes “throw-away,” “insubstantial,” or “nonspecific” utilities. For instance, claiming that a complex invention is useful as landfill will not satisfy the utility requirement. Id. However, if the applicant asserts that the claimed invention is useful for any particular practical purpose (i.e.: that the claimed invention has a “specific and substantial utility”), and the assertion would be considered credible by a person of ordinary skill in the art, the examiner must find that the utility requirement has been met. MPEP Section 2107(II)(B)(1). Furthermore, even in the absence of such an assertion, if at any time during the examination it becomes readily apparent that the claimed invention has a well-established utility, the examiner must find that the utility requirement has been met. MPEP Section 2107(II)(A)(3). An...

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Insurance – The Meaning Of Faulthy And Defective – Part Ii

It is worth looking at the judgment of Windeyer J as he draws a distinction between the word “fault” as something blameworthy or “fault” as the word is used in the particular clause as being a description of an inanimate thing; and the use of the word “faulty” in that sense means defective, namely, bad in any respect not fit for the use intended. He contrasts this, however, with the exclusion relating to faulty workmanship which he takes to be a reference to fault or something done wrong on the part of the workman. He continues by saying that if the words had been “faulty designing” then the two phrases would have been comparable. This analysis was accepted by the Court of Appeal in Hitchins (Hatfield) Ltd. v. Prudential Assurance Co. Ltd. [1991] 2 Lloyd’s Rep 580. It was held that the phrase “defect in design” did not require negligence although “defectively designed” did require proof of negligence to enable the insurer to rely on the exclusion. In Kiev Construction Ltd. v. Royal Insurance (UK) Ltd. & Ors.9 30 Con. LR 45, the assured made a claim for damage to temporary piles constructed in the course of building works at the nuclear power generating station at Sizewell B. The claim was made pursuant to a single site construction all risk policy. The policy excluded “works … defective in material workmanship, design or plan…” The court held that, in the circumstances, there had been no negligent workmanship in that the damage was most probably caused by unusual ground conditions not readily foreseeable, although it was recognised with the benefit of hindsight that the work could have been carried out differently. https://drive.google.com/file/d/103eV203F0YjVQOuccFvKo5uCPXHmJ1ZG/view?usp=sharing...

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