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Questions Answered by Adam Stoddard
4 Answers | Asked in Personal Injury for California on
Q: Lawsuit in discovery mode… when am I getting a settlement offer?… finished treatment Dec.8th now. IT’s January 28th…

Incident happened August 24th (nied)… treated for 3 months… last session was dec.7th…. Called attorney says claim is in discovery mode….. how long left til claim is done? When should I expect a settlement offer?

Adam Stoddard
Adam Stoddard
answered on Jan 30, 2023

If you want to settle your case, then you should make a settlement demand. The defendant is not going to just offer you money (typically). You have the burden of proof if the matter goes to trial. Maybe the defendant does not think you have a good case and they intend to take it to trial.

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1 Answer | Asked in Personal Injury and Civil Litigation for California on
Q: if I file a complaint with the court but have yet to file it with the defendants, can I change it? Not facts just reduce

Representing myself, judge extended my timeframe to submit summos and complaint, so it should be okay to change, right? live in CA

Adam Stoddard
Adam Stoddard
answered on Jan 25, 2023

You are entitled to file an amended complaint once as a matter of right without seeking leave of court to do so, as long as it is before the defendant has answered or filed a demurrer. Refer to CCP 472.

1 Answer | Asked in Business Law and Libel & Slander for California on
Q: Husbands step mother who we haven’t spoke to in 10 years is contacting his business partner to tell lies about him.

Is there anything we can do?

She has no involvement in the business and has reached out directly to his partner to speak lies on him. They have been in business together for nearly 2 yrs now.

Adam Stoddard
Adam Stoddard
answered on Jan 25, 2023

You could contact the mother in law and request that she stop calling your husband's business partner. If that does not work, you could hire an attorney to send a cease and desist letter. It sounds like there could be grounds for a defamation lawsuit based on slander.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: recently signed a lease to rent a home. I am now dealing with this landlord that keeps asking for all of these fees.

recently signed a lease to rent a home. I am now dealing with this landlord that keeps asking for all of these fees. The fees were not stated on the lease and I have been finding out about them as I go. he First asked for a utilities fee and then a renters insurance and now he wants another payment... Read more »

Adam Stoddard
Adam Stoddard
answered on Jan 21, 2023

You should review the lease agreement thoroughly. If those fees are not started in the lease then the landlord has no grounds to make you pay them. Regarding your question about backing out of the lease and getting a refund, you should consult the lease as well because you may be in beach of... Read more »

2 Answers | Asked in Car Accidents for California on
Q: does my attorney have to tell me the amount im getting for a car accident before i sign to receive my check ,

she will not tell me the amount i will get back and i dont want to sign untill i know

Adam Stoddard
Adam Stoddard
answered on Jan 21, 2023

Your attorney cannot settle on your behalf without your consent. The settlement amount is one number, the fee agreement between you and your attorney is likely a percentage, and the costs the attorney has incurred is another number easily calculated. With that information your attorney should... Read more »

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1 Answer | Asked in Civil Litigation and Contracts for California on
Q: My furniture and personal items are being held by s moving company. They increased the moving cost from 3900. to 11,000.

Threatening to sell everything what can I do?I am not an attorney I’m looking for advice

Adam Stoddard
Adam Stoddard
answered on Jan 20, 2023

I assume you signed some sort of contract, work order, or invoice with the moving company? You should review the terms of the agreement to see what it says. It would be best to have an attorney review it for you, but if you cannot afford an attorney, then try to figure out if there are any terms in... Read more »

1 Answer | Asked in Business Law and Contracts for California on
Q: If you buy a car from a dealer can he come onto your property without permission and take the car with no prior warning,

Or even attempting to collect his or her payment prior to taking it?

Adam Stoddard
Adam Stoddard
answered on Jan 20, 2023

It depends. Did you pay in full for the car and receive a title in your name? If so, then I would say no. At that point the dealer is stealing a car. If you did not pay in full, but financed the car, and you stopped making payments, then possibly yes, the dealer can repossess the car for failure to... Read more »

1 Answer | Asked in Contracts for California on
Q: If liability of a car was released to me but the car is not in my possession and i don’t have a title do i own this car

In the state of California

Adam Stoddard
Adam Stoddard
answered on Jan 20, 2023

The true owner of the vehicle is the individual who's name appears on the title. If your name is not on the title, then it is not your car. It doesn't even sound like you have possession of the vehicle, so I cannot see how you could be the owner of it. As you know, typically when a car is... Read more »

4 Answers | Asked in Family Law, Personal Injury, Real Estate Law and Civil Litigation for California on
Q: Defendant found math/fact errors in the Stipulation after Judge signed it.

The plaintiff made the stipulation to settle down something and the defendant signed on it. The defendant had the Judge signed on it 2 weeks later as well. Unfortunately, the defendant realized there were errors in the stipulation at the moment the Judge signed it.. The defendant didn't find... Read more »

Adam Stoddard
Adam Stoddard
answered on Jan 20, 2023

The stipulation and order can and should be amended. If the plaintiff took $10K from the defendant's bank account, and it was not accounted for in the stipulation/order, it would be prejudicially unfair for the defendant to pay another $10K. Mistakes happen, but it should not cost another... Read more »

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7 Answers | Asked in Personal Injury and Car Accidents for California on
Q: How can I get this driver's insurance company name? Struck by a vehicle in a crosswalk, driver has insurance per police

Partner and I were both struck by a vehicle, driver refused to give us information until the cops got there, the police arrived while we were both being driven away in the ambulance witnesses state he did have insurance, cops took down all information except for who his insurance company is. We... Read more »

Adam Stoddard
Adam Stoddard
answered on Jan 18, 2023

You should probably hire an attorney to represent you and your partner for this accident. Although you do not have the insurance information, you do have the driver's address. I would hire an attorney to prepare a letter to send on both of your behalfs to the driver's home address. The... Read more »

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3 Answers | Asked in Personal Injury for California on
Q: I was at Modesto's municipal golf course an 80-ft tree fell a large Branch hit me and hurt my back are they liable

The golf course has been closed for 2 years but it's still open to the public

Adam Stoddard
Adam Stoddard
answered on Jan 16, 2023

Is this a City or County run facility? You potentially could file a lawsuit; however, if it is a public entity that owns and operates the land you would need to serve a Government Tort Claim notice within 6 months from the date of the incident. If 6 months has already lapsed, you would need to... Read more »

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3 Answers | Asked in Personal Injury for California on
Q: Can I talk to the defendant directly and agree on a settlement to get payment? And how?

I have a car accident case, unlimited claim. I didn’t accept the settlement payment that the defendant offered. I planned to do a trial, but my attorney gave up my case now, so I changed my mind and want to accept the settlement by myself. So can I talk to the defendant directly and agree on a... Read more »

Adam Stoddard
Adam Stoddard
answered on Jan 16, 2023

There is nothing that prevents direct party to party contact. If the Defendant is self represented and filed any court documents, look on those documents on the first page for his/her contact information.

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1 Answer | Asked in Elder Law and Health Care Law for California on
Q: DPOA documents from Another State- does California have to obide

My dad lives in another state. I am his DPOA for healthcare, financial and numerous other items. I am his healthcare proxy,also.

We have a letter signed by doctor that Dad should not be making his own financial or personal decisions.

The medical personnel Ca is stating that this... Read more »

Adam Stoddard
Adam Stoddard
answered on Jan 5, 2023

Generally, a DPOA that is valid when executed (in any state) will remain valid even if you move to another state; however, it is still a good idea to execute a DPOA in the new state. Typically a DPOA is for financial decisions, not medical.

You should probably look into a Durable Power of...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Amendment a new lease from original lease without the original tenants agreement is binding contract?
Adam Stoddard
Adam Stoddard
answered on Jan 4, 2023

It is unclear what exactly you are asking here. Whether the lease is new or there is an amendment to an existing lease, you should have a signature from all parties for it to be "binding". So for example, if the landlord has an existing lease, then drafts up an amendment to the lease... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I have questions regarding being sued. In an auto accident. Are there any available pro bono lawyers?
Adam Stoddard
Adam Stoddard
answered on Jan 3, 2023

If you are being sued relating to a car accident, you should check with your car insurance company as they can likely appoint an attorney to represent you and defend against the case. There may be pro bono attorneys out there, but as the saying goes, you get what you pay for.

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1 Answer | Asked in Contracts for California on
Q: Joint Venture w/ personal guarantee. *UPDATED

I invested 50k in a Joint Venture Agreement that never happened and was never paid anything. About 6 months later I was givin a personal guarantee IN WRITING AND SIGNED to return the 50k. How much power does it give me?

Adam Stoddard
Adam Stoddard
answered on Jan 3, 2023

I believe I answered your first question on this topic. It all depends on the written agreement. It is difficult to answer your question in a vacuum without knowing what the express language of the agreement is. There could be many different factors about timing, conditions precedent, accrual, etc.... Read more »

1 Answer | Asked in Contracts for California on
Q: Personal Guarantee on a failed Joint Venture Agreement. How much power do I have?

Hello. I invested 50k in a Joint Venture Agreement that never happened and was never paid anything. I was givin a personal guarantee to return the 50k about 6 months later. There are a couple things in how guarantee was written that may be subject to interpretation. And how much power does it give... Read more »

Adam Stoddard
Adam Stoddard
answered on Jan 3, 2023

Your questions can likely be answered with a review of the joint venture agreement. Your relationship with the other parties and how, if and when return of capital will be provided, is contractual in nature, assuming it is defined or explained in the joint venture agreement. You should reach out to... Read more »

1 Answer | Asked in Personal Injury and Legal Malpractice for California on
Q: I’m looking for a litigator with experience in Federal Court, specif. in Northern District of California, San Francisco

The DA of a certain California County may be guilty of vexatious litigation against me, as well as collusion with a judge. I’m aware these are serious accusations, However, if I can consult with a federal litigation attorney, he/she will understand why I’m concerned once I provide the details.

Adam Stoddard
Adam Stoddard
answered on Jan 3, 2023

I think you have a misunderstanding as to what a vexatious litigator is or can be. The DA cannot be a vexatious litigant. Pursuant to CCP 391, et seq., it can only be a pro per litigant who has maintained at least 5 litigations other than small claims to final determination adversely to the person... Read more »

3 Answers | Asked in Car Accidents for California on
Q: How can I receive the max for lost wages due to a car accident that was not my fault?
Adam Stoddard
Adam Stoddard
answered on Dec 29, 2022

In order to maximize your recovery, you really should hire an attorney. If you want to go at it on your own, then you should provide proper documentation of your wages before and after the accident and calculate the total amount you have lost due to the accident. Provide this information to the at... Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: I received a phone message from an alleged process server citing case no BA-1029. I returned call but lawyer wouldn't

Provide any detailed info about alleged 5000 debt. He disconnected me. How do I determine info about this suit if it has really been filed?

Adam Stoddard
Adam Stoddard
answered on Dec 22, 2022

BA-1029 does not sound like any case number I have ever seen at any of the Superior Courts or Federal Courts in the Bay Area. Not sure what else you could other than simply perform a name search on the local courts around you to see if your name is associated with any cases.

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