Durrell: Mr. Durrell filed a sworn affidavit that states he resides at 13142 Chrissy Way, Lakeside, California, 92040; he includes with his affidavit a picture of his most recent utilities bill from San Diego Gas and Electric which contains his residential address; he includes his current California driver’s license that lists his residential address as 13142 Chrissy Way, Lakeside, California, 92042; he states that he has not abandoned his California residence; he is currently subleasing his Lakeside, California residence to friend who are watching the residence and his pets, but that he intends to return to his Lakeside, California residence once the 2020 election campaign is complete; he states that due to his work as a petition circulator, he travels to various states to help candidates get on the ballot; he is currently visiting family in another state before he begins circulating petitions there; he not purchased or rented another home to replace his Lakeside, California residence; he explains his Facebook post that states he “Just moved into Ann Arbor” Michigan, he did not mean that he signed a lease on a property or purchased a home in Ann Arbor, Michigan to replace his residence in Lakeside, California, but that he was in Michigan to circulate petitions for another campaign.
A. It shall be unlawful for any person to engage in, conduct, or carryon, or to permit to be engaged in, conducted, or carried on, the operation of a massage treatment business unless a massage business license has first been obtained from the State Board of Massage Technicians pursuant to ORS Chapter 687.
A Private Process Server’s Return must be filed by someone who is over the age of 18 and not a party to the action (the return must state this information specifically). The person serving the papers must file an “Affidavit of Service” (NOTE: an Affidavit is a document that is either signed under the penalties of perjury or notarized). The Affidavit of Service must state what documents were served, who was served, where service took place, date of service and the manner of service (Handed to _______or served to ______). Effective 10-5-99 any summons issued may be served in accordance with the additional new service rule. The rule now includes “if the person to be served is an individual, by leaving a copy of the summons, Complaint, and all other papers filed with it at the
documentary evidence, MCR 2.116(G)(2); 2.116(G)(5), which would be admissible at trial. MCR 2.116(G)(6). “The contents of the complaint are accepted as true unless contradicted by the evidence provided.” Odom v Wayne Co, 482 Mich 459, 466; 760 NW2d 217 (2008). MCR 2.116(C)(8) provides for summary disposition where “[t]he opposing party has failed to state a claim on which relief can be granted.” A motion for summary disposition under (C)(8) tests the legal sufficiency of the complaint. Beaudrie v Henderson, 465 Mich 124, 129; 631 NW2d 308 (2001). The trial court may consider only the pleadings in rendering its decision. Id. All factual allegations in the pleadings must be accepted as true. Dolan v Continental Airlines/Continental Express, 454 Mich 373, 380-381; 563 NW2d 23 (1997). “The motion should be granted if no factual development could possibly justify recovery.” Beaudrie, supra at 130.
i. Whether or not at the time of the collision referred to in plaintiff’s petition, this defendant was performing any business task or job at the request of or on behalf of defendant’s employer, and if so, please state the nature of the task or job being performed and the name of the employer.
As gathered from the testimony, Charging Affidavit, and other related documents presented at the formal review hearing on January 16, 2014, the facts are summarized as follows: On December 17, 2013, at approximately 2:13 a.m., Trooper Ramirez of the Florida Highway Patrol and Auxiliary and Trooper Christie, a ride along, were traveling southbound on State Road 434 from University Boulevard. Trooper Ramirez observed a black Ford utility vehicle traveling southbound on State Road 434 in the left through lane near Collegiate Way. The subject vehicle then proceeded to make a U-turn at a traffic signal in the median that was posted "Do Not Enter". The subject vehicle traveled back northbound on State Road 434 by cutting across a left turn lane for northbound traffic. Trooper Ramirez then made a U-turn, got behind the subject vehicle, and conducted a traffic stop.
Before coming to the United States, many African youth and families spent years in refugee camps living in unthinkable conditions. Many have been profoundly affected by the civil war, have lost family members, and now suffer from related adjustment and psychological disorders. Here in Multnomahcounty, African youth now find themselves in an unsupported environment faced with significant cultural and language barriers. For example, some African girls are negotiating around what they see as restrictive roles in the traditional family structure. Many youth are illiterate in English and their native language, are dealing with newly broken homes, and have accents that set them apart from the mainstream. African Coalition members unanimously agree that we have reached a crisis point with our youth. Recently, the school and criminal justice systems have expressed difficulty dealing with African youth ages 13-21. Many African juveniles are already imprisoned in Oregon. With this growing reality, the community is in a state of shock. 167
This case is before the Court on Defendant Robert Aldworth, ControlWorks, LLC, iTronix Technologies, LLC, Underdog Racing Development, LLC, and Steven Dopler’s Motion for Summary Disposition pursuant to MCR 2.116(C)(1). For the reasons stated below, the Court will deny the motion.
As often repeated by our Supreme Court, “courts must … give effect to every word, phrase, and clause in a contract and avoid an interpretation that would render any part of the contract surplusage or nugatory.” Knight Enterprises v Fairlane Car Wash, 482 Mich 1006; 756 NW2d 88 (2008); quoting Klapp v United Ins Group Agency, Inc, 468 Mich 459, 468; 663 NW2d 447 (2003). Defendants argue that, under this provision, Plaintiff could only seek recoupment of any alleged overpayments if they filed their lawsuit within one year of the overpayments. The Court agrees. It is undisputed that Plaintiff filed its lawsuit to enforce its rights under the 1993 and 2000 Agreements on November 15, 2013. The right that Plaintiff sought to enforce was its obligation to pay Defendants certain commissions. And Plaintiff brought the lawsuit was brought before it instituted self-help in December 2013.
3. The Defendant A Forever Recovery, Inc., is a Michigan corporation, doing business within the jurisdiction of this Court at 216 St Mary’s Lake Rd., City of Battle Creek, County of Calhoun, State of Michigan and offers drug and alcohol rehabilitation services to paying patients.
Art. 2, para. 2, let. a), of the Return Directive states that Member States can decide not to apply the Directive to persons who are crossing the external border of the European Un- ion. The Court however made it clear that Mrs. Affum has not yet crossed the external border of the EU, as she was apprehended before that border. Accordingly, in the opinion of the Court, the exception of Art. 2, para. 2, let. a), of the Directive cannot be invoked by the French government. Neither could it be argued that the situation was regulated by the agreement in force between France and the Benelux countries. The Court has been clear in stating that the exception in Art. 6, para. 3, of the Return Directive applies only to return decision, and not to the whole procedure. A different interpretation would be considered against the general scope of the Directive, which aims at establishing an effective return procedure, while, on the contrary, the application of the sanction of detention would be likely to slow down the above-mentioned procedure.
Wacquant (2009) views these developments as paradigmatic of the way neo-liberal Governments deal with growing social insecurity. He argues that a new type of neo-liberal political regime has emerged, the 'centaur state'. According to Wacquant (2009, page 4), the 'centaur state' involves a triple transformation of the state including the 'amputation of its economic arm, the retraction of its social bosom, and the massive expansion of its penal fist'. It is 'guided by a liberal head mounted on an authoritarian body' (Wacquant, 2009, page 43). The result has been the 'double regulation of the poor' that involves, on the one hand, the decline of the Keynesian welfare state and its replacement with a workfare state, and on the other hand, the criminalisation of the poor and the expansion of the prison system. The centaur analogy was first used by Machiavelli (and subsequently by Gramsci) to refer to the diversity of strategies of rule deployed by the state towards various social classes combining a mixture of coercion and consent (Squires and Lea, 2012). For Wacquant it refers to a neo-liberal state that retains strategies of consent towards corporations and the upper classes but is authoritarian and coercive towards the poorest.
However, from this list there are some exceptions, i.e., in addition to extortion, pollution and the other. The exceptions are also offences falling under the jurisdiction of the court of jury. So, the exceptions were 69 crimes[1, S.52]. In our opinion, the activities of the district courts coincides with the jurisdiction of the magistrates Russia, in the latter the maximum penalty depending on the sanction of offences does not exceed 3 years imprisonment.
Volume 3, Issue 9, September – 2018 International Journal of Innovative Science and Research Technology ISSN No 2456 2165 IJISRT18SP88 www ijisrt com 36 Empowerment of Fishing Communities in the Manag[.]