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Questions Answered by Dan Rowan Cortright
2 Answers | Asked in Civil Litigation and Contracts for California on
Q: Neptune Society had cremated my Dad - then an employee changed my Moms contract as to who had rights to disposition

Mom paid Neptune $2400 to cremate my Dad. I took her to their office, she signed paperwork where SHE was the surviving spouse who had rights to his cremated remains - my younger sister was asked by Mom to go to Neptune and "pick out " an urn for Dad. When she did this, she also had the... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 21, 2022

It sounds like there was some fraud committed in the changing of the disposition agreement. You have legal rights when someone commits fraud in such a situation. I agree that you should consult an attorney for a consultation as to what your legal rights/remedies are.

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2 Answers | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Business Law for California on
Q: Is an oral settlement agreement resulting from an MSC enforceable in California? 664 should not hold, correct?

During a settlement conference I had a momentary lapse of judgment and agreed with what my lawyer was telling me (to settle my case). He actually tricked me and then blamed me for not communicating with him (lie). At the end of the day the judge went back to the other party and they accepted our... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 19, 2022

If the settlement was not put in writing, signed by both parties, and you made clear to the judge that you did not in fact agree to the settlement number the other side agreed to, then there is no enforceable settlement (i.e. no meeting of the minds with regard to the terms of the settlement).

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2 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for California on
Q: Gf is being sued. Can we lose our home if she loses? Home is under both our names.

Gf was in an accident(at fault) with 2 other vehicles. (25k/50k policy) First vehicle took the settlment. Second vehicle owner is suing for 250k. She makes about 35k a year and no savings. Can we lose our home that is under both our names. 250k mortgage, valued at 390k? Is it protected under... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 19, 2022

It depends on how you own the property, as joint tenants or as a tenancy in common. If you are joint tenants, then a judgment creditor cannot likely place a lien on your home. The homestead exception applies only if the judgment debtor files for bankruptcy protection, in which case the home she... Read more »

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2 Answers | Asked in Personal Injury, Products Liability and Health Care Law for California on
Q: My PCP injected me w/trulicity & bydureon. I don’t have diabetes, I am now impaired as a result what should I do

I did not have diabetes and am no medication except a water pill today , as a result of the medication my skin lifted off my body and my internal fluids leaked out. I had to be hospitalized and re-learn to walk and have lost my professional career

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 19, 2022

You should contact a personal injury/medical malpractice attorney right away. You only have 1 year after the malpractice to file a claim/lawsuit against the doctor.

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2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: We had a trespasser on our property and in an attempt to remove him he resisted.

We had a trespasser on our property and when we attempt to remove him he kept resisting. We had the key but he kept locking the door back up if we opened. My associate got angry and broke the door down. The trespasser fled out the back door. Is the trespasser entitled to any protections/is my... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 16, 2022

If the trespasser was injured when the door was kicked down, then yes, your associate may be liable for the injuries (your remedy should have been to call the police and let them deal with it). You should not be exposed to liability if you did nothing to injure the trespasser (unless you incited... Read more »

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2 Answers | Asked in Real Estate Law and Civil Litigation for California on
Q: My ex fiance and I co-own a home. If I move out am I still obligated to pay 1/2 of bills?

I own half of the house. He has made it so toxic that for my health I need to move out while he tries to get a loan to buy me out. I pay half of the loan we got for the house and I pay half the space rent. He says if I leave he will pay my half until he buys me out but I want something to protect... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 16, 2022

If you are on the loan as a co-mortgagee, then if he does not pay the full loan amount you are jointly liable to the lender for its payment. This is the case until you are taken off the loan by the lender.

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2 Answers | Asked in Criminal Law and Civil Litigation for California on
Q: Can force be used to eject a trespasser in California?

Occupants who did not have a lease entered a property and refused to leave. Owner entered by breaking down door after trespassers refused entry. Are the trespassers entitled to any damages for the suffering caused by forcible entry? No bodily contact of anyone.

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 15, 2022

In CA, one is only legally entitled to use sufficient force to protect themselves based on the amount of force being used against them. If there is no force being used against them, and the trespassers are merely squatting, no force is permissible to be used against them. It sounds like they are... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: i need a lawyer for suing the police for depriving me from a federasly protected activity of traveling
Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 13, 2022

You will need to provide some more information before an attorney will be able to evaluate whether to represent you in your case. What activity were you deprived of by the police, and how, when?

1 Answer | Asked in Business Law for California on
Q: I issued a PO with 30% deposit and 70% net 20 payment term. I canceled the order, am I entitled to the deposit refund?

The order was issued to a US manufacturer, manufacturing goods overseas; I canceled the order one month prior to delivery because there were some delays and I didn’t feel the manufacturer would be able to deliver on time. Can I ask them to refund the deposit I made? We are both corporations

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 12, 2022

It depends on the language of the Purchase Order or other sales contract between you and what rights to cancel is set forth therein.

1 Answer | Asked in Civil Litigation for California on
Q: What should I do now, some one places a guarnishment on my bank account. I never received any court papers or know

anything about the lawsuit. The lawsuit was in New York and I am in California

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 12, 2022

If you never received any notice of the lawsuit that forms the basis for the wage garnishment, there are ways you can challenge the court action (e.g. by making a motion to the court to quash service of any summons). If there was a judgment already entered against you in the NY court that you were... Read more »

2 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: Can I sue my former tenant and have her sub served at the premises address?

My tenant vacated the premises when her lease expired at the end of May. There was a move out settlement agreement in which the security deposit was returned as courtesy relocation funds, however, I retained the right to provide a statement of damages if there was existing property damage.... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 12, 2022

If you have actual knowledge that she no longer resides at the premises address, then serving her there won't suffice. You need to serve her in a manner that most assures she will receive actual notice of the lawsuit, so you may request an order from the court to serve her by publication,... Read more »

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2 Answers | Asked in Civil Litigation and Libel & Slander for California on
Q: Does absolute privilege mean it is impossible to sue someone for false statements in court?

Someone sued me and and accused me of doing something dishonest that didn't happen. They should have known better because we both had the same records and receipts from a job I did. I'm an independant contractor in a small community. If this gets out I'm afraid it will make it hard... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 1, 2022

Yes, unfortunately the litigation privilege is nearly absolute (rare exceptions relate to crimes, mostly), so something false said in a court document/complaint is privileged and shields the plaintiff from liability. However, if you win the lawsuit and can show the evidence that what plaintiff... Read more »

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1 Answer | Asked in Personal Injury for California on
Q: Is there anything I can do, if a comic book store stole my most valuable cards and slso switched out out a lot of cards?
Dan Rowan Cortright
Dan Rowan Cortright
answered on Aug 29, 2022

Yes, if you have proof of what you gave them and instructions to them that indicate they were not to have the valuable cards, then you should be able to 1) demand them back via a legal demand letter, and 2) if they don't comply, sue them for conversion of your personal property.

1 Answer | Asked in Civil Litigation for California on
Q: How do I file a counterclaim?

Do i file a petition called ANSWER AND COUNTERCLAIMS or is just a general denial and asking for relief in the prayer correct? This is civil district court.

Dan Rowan Cortright
Dan Rowan Cortright
answered on Aug 16, 2022

In order to assert a counterclaim, you need to file a Cross-Complaint at or before the time your Answer is due to their Complaint, if the counterclaims arise from the same set of circumstances/facts as the Complaint. If your claims are separate and unrelated, you can assert them later in a... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: Can I plead the fifth on written discovery even though I answered most of it?

I am a defendant in a civil case I am in pro per I have a deposition coming up and will plead the fifth, can I plead the fifth on the rest of my written discovery as-well? I have already answered about 80% of the written discovery.

Dan Rowan Cortright
Dan Rowan Cortright
answered on Aug 10, 2022

It depends on whether the questions to which you want to plead the 5th have already been answered or not. If not, then you can absolutely assert your right not to incriminate yourself pursuant to the 5th Amendment privilege. But if you have already answered any question to which you want to plead... Read more »

4 Answers | Asked in Personal Injury for California on
Q: If I tripped where I live over a sidewalk that was lifted and broke my nose and more, could I sue?

I also had severe nerve damage and just had surgery. The Apartments know about my nose only through people. What do I do?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 29, 2022

Yes, if there was a dangerous condition on the apartment complex property, you can sue for your injuries caused by that condition. Contact a personal injury lawyer on Justia. Consultations are typically free.

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3 Answers | Asked in Car Accidents for California on
Q: Hi. Do you provide free legal consultation?

car accident.

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 25, 2022

Yes, most personal injury attorneys on here provide a free initial consultation. Contact me through my profile information.

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4 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Hi. What are the claims I can demand from both insurance companies and how to claim and compute "pain and suffering?"

LAST JUNE 10, 2022, I HAD A CAR ACCIDENT IN FREEWAY 880 IN FREMONT. MY DAUGHTER AND I WERE TRAVELLING FROM HAYWARD TO MILPITAS AND IT HAPPENED AROUND 7:30PM. THE CAR INFRONT OF ME SUDDENLY STOPPED IN THE MIDDLE OF FREEWAY BECAUSE THE CAR INFRONT OF HIM IS ABOUT TO STOP TO BUT EVENTUALLY CHANGED... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 25, 2022

Contact an experience personal injury attorney as soon as you can. You do not have to accept the insurance company's first payment offer, and an attorney can likely help you obtain more in damages.

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3 Answers | Asked in Public Benefits, Personal Injury and Health Care Law for California on
Q: I’m in California I was just wondering if the air filters in public bathrooms contain poo and aren’t changed can u sue?

And if so what are the steps to ?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 25, 2022

Well, the issue would be whether there is any evidence that the entity responsible for maintaining that bathroom was negligent in maintaining the air filters, or knew of such harmful substance existing in the filters and allowed it to remain there causing actual injury to users of the restroom.

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1 Answer | Asked in Contracts and Business Law for California on
Q: Seller insists that he keeps the deposit after we decided to withdraw with business purchase due to unforeseen issues.

We made an offer to a convenience store.

We started the process with a Escrow company. The purchase includes transferring of current seller’s alcohol license.

In the signed contract, $10,000 was put as a deposit. Escrow company will release full amount once ABC application is set... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 22, 2022

It depends on what the contract says about the deposit.

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