My 18 year old daughter entered an ER in California with a very bad headache. She listed her medications on the intake form. She was given a "migrane cocktail" with a medication that was contraindicative of her current medications and had a couple of days of lasting effects. In addition,... View More 
answered on Feb 8, 2023
If your daughter went to an ER complaining of a "very bad headache", a CT with contrast (dye) was likely indicated and complied with the standard of care. In this regard, the health care providers needed to rule out some etiology that could be causing the "very bad headache"... View More
We sold the business and we have a hard time on getting access to the accounting data for the past years, when we were in charge of the business. Please let me know our rights in this case, as accounting was done through QuickBooks online and new owners took over the existing data.
answered on Feb 8, 2023
I assume there was a contract prepared for the sale of the business. You should first look to the contract to see whether there is a specific carve out for pre-sale accounting information and who would be the owner or at least have access to it. Your relationship with the purchaser is contractual... View More
We have panels install but not connected to SCE yet. It has been a horrible experience and we now have water damage to our living room wall where they left a hole in our stucco when they installed a new electrical panel.
answered on Feb 8, 2023
It sounds like this has been a terrible experience to say the least. You may have a breach of contract case as well as a cause of action for negligence. You should consult a lawyer to review the contract. Is the solar company refusing to repair the damage to the living room wall? If they opened up... View More
California contractor walked out of job claiming he needed payment, and has not returned for 60 days. Job approximately 90% complete and payment of 80% made. However, many errors on project (ie. contractor painted schluter as wrong color installed, 4" vs 6" backsplashed installed,... View More
answered on Feb 2, 2023
You may want to get an attorney involved. Often times I have found that simply having an attorney send a demand letter to the contractor, that motivates the contractor to complete the project in a timely manner. I am representing two homeowners right now with a similar set of facts. As soon as I... View More
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?
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.
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.
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.
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... View More
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... View More
she will not tell me the amount i will get back and i dont want to sign untill i know
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... View More
Threatening to sell everything what can I do?I am not an attorney I’m looking for advice
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... View More
Or even attempting to collect his or her payment prior to taking it?
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... View More
In the state of California
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... View More
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... View More
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... View More
The golf course has been closed for 2 years but it's still open to the public
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... View More
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... View More
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... View More
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... View More
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.
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?
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.... View More
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... View More
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... View More
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.
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... View More
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... View More
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