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Questions Answered by William John Light
2 Answers | Asked in Civil Litigation, Contracts, Landlord - Tenant and Legal Malpractice for California on
Q: How could I find the agent for a law firm for serving court papers?

I need to file a civil lawsuit against a law firm, but I cannot find the agent of the law firm for serving court papers. I also tried to search the law firm on the California Secretary of State website and see if there's an agent assigned to the law firm, but I cannot even find the law... View More

William John Light
William John Light
answered on Aug 6, 2023

The secretary of state lists agents for corporations, LLC's and LLP's. If the lawfirm isn't an organization of that type, the secretary of state won't have information on it. You can search the country Fictitious Business name datebase to see who owns the name, or the list of... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: What is the considered medical malpractice in the state of CA?

I broke my L-ankle and R-5th metatarsal. I went to our local ER and they scheduled an appt eithlocal orthopedic surgeon.He preformed the surgery. At the 1st f/u appt he asked if I was taking my antibiotics I told him I didn’t receive any. He prescribed some. By my 2nd f/u appt my L-leg below my... View More

William John Light
William John Light
answered on Jul 28, 2023

Malpractice is when a medical provider does something, or fails to do something, that a reasonable provider in the same circumstances would have done competently, and which caused you some significant injury.

What you describe sounds like malpractice. However, an orthopedic surgeon would...
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4 Answers | Asked in Consumer Law and Contracts for California on
Q: Are they liable for their false statements on their website that caused my failure to pay?

In 2016 I purchased a new Hyundai, financed it through Hyundai Motor Finance and managed the payments via their MyHundai app. I did so until December of last year, when upon accessing the site the payment page was replaced with a single message that read “your loan has been paid in full.” Fast... View More

William John Light
William John Light
answered on Jul 25, 2023

The Loan Agreement and your debt exist regardless of a mistake on an app, which Hyundai will contest even happened. You are attempting to nullify thousands of dollars in debt, which you agreed to pay, based on something that, even if the app stated it, was obviously untrue, and which you knew was... View More

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4 Answers | Asked in Insurance Bad Faith and Personal Injury for California on
Q: Can insurance company deny to pay medical bills baed on reasonable and customary fees?

I got injured in an auto accident from other driver. His insurance company doesn't want to pay my entire medical bills only a portion of it. There reason is that they owe only reasonable and customary fees. They say that medical bills are unreasonable and "inflated." It seems like... View More

William John Light
William John Light
answered on Jul 11, 2023

Until you get a judgment against the at fault driver, his insurance company can refuse to pay you anything at all, so it is certainly entitled to dispute your medical expenses.

It appears that you are attempting to handle a personal injury claim by yourself. The insurer is not taking you...
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2 Answers | Asked in Consumer Law for California on
Q: Is it actually possible to fill out a 1099-A form with the treasury as the lender and me as the borrower?

If I put my social security number in "borrowers tin" and fill it out then hand it to a bank to ask them for a letter of credit for whatever amount is on there, is that an actual thing people can do as a cestui que trust fund?

William John Light
William John Light
answered on Jul 2, 2023

Do you have a loan from the Treasury Dept.? If you did, which is doubtful, the Treasury Dept. would have an interest in whatever property you used to secure the loan. You, as a borrower, do not have an interest in the property of the lender. If I understand your question, it sounds like an... View More

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3 Answers | Asked in Insurance Bad Faith, Car Accidents and Personal Injury for California on
Q: How does it go with when a lawyer who’s going after a insurance with 100k insurance policy But I don’t understand

How does it go with a insurance with 100k insurance policy I don’t understand they only want to give 4k in recovery and we can go after 100k But we have to have 100k worth of medical expenses to get that amount Now they researching and going after a hit and run so what would I get at the end I... View More

William John Light
William John Light
answered on Jun 28, 2023

You won't get $50k out of a $100k settlement. The attorney will take 33 1/3% to 40% as a fee. The attorney will be reimbursed for the costs incurred. The medical providers/insurer will be paid for the cost of care. At best, you will get about 1/3.

Nobody will tell you what your...
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2 Answers | Asked in Criminal Law, Sexual Harassment and Internet Law for California on
Q: I have been blackmailed and harassed online. What can I do about this?

I have been blackmailed for money online. A user who had a “fake” account got hold of explicit photos of me and is threatening to share them with all of my Instagram followers unless I pay them. I have documented all interactions with this person and have access to their phone number and venmo,... View More

William John Light
William John Light
answered on Jun 19, 2023

First, you would contact police to report a crime. The police can investigate and find the person responsible. If that person is in CA or at least in the US, then a lawsuit would be possible. However, unless that person is independently wealthy, do not expect an attorney to take such a case on a... View More

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4 Answers | Asked in Car Accidents, Libel & Slander and Personal Injury for California on
Q: Is Defense counsel responsible for Libel statements publicly filed in response to PI auto civil complaint?

Defense responded that plaintiff was not wearing a seatbelt when defendant rear ended Plaintiffs auto. Plaintiff, after filing civil suit for this incident, was denied employment bc of risks presented by employee applicant, (myself).

Due to employer background checking and locating the... View More

William John Light
William John Light
answered on Jun 9, 2023

0% likelihood of prevailing on libel. Statements made in court are privileged, even false statements.

Sealing requests can be made. The particular statement you reference is not particularly sensitive or private, even though it was apparently damaging, so I am unconvinced that you would...
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2 Answers | Asked in Car Accidents for California on
Q: So if the other party was at fault and has lability cover shouldn’t their insurance cover the cost or repair to my

Car, because I’m being told that they won’t cover any damages or repairs for my vehicle even tho their policy holder was at fault….

William John Light
William John Light
answered on Jun 4, 2023

If everything you said was accurate, then the answer to your question would be “yes.” Insurers don’t deny claims as you have described. Either it contends you are at fault, or disputes the amount of damage, or claims that it didn’t insure the car or the driver. Have an attorney review... View More

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5 Answers | Asked in Criminal Law, Personal Injury and Federal Crimes for California on
Q: Hi, am I legally allowed to record a conversation without the other party's consent if I am trying to prove child abuse?

This is in California. The person I am wondering if I can record was not the direct abuser, but I believe they might have further knowledge of this child sexual abuse.

William John Light
William John Light
answered on May 31, 2023

California is a two party consent state where there is a reasonable expectation of privacy. Whether someone has a reasonable expectation of privacy may depend on where the conversation occurs and/or whether other persons can overhear the discussion. For example, if the other party knows that you... View More

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3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: If California defendant auto PI case settles for full policy 15K. Normal practice plaintiff collects all of the money

Of Infinity policy holder declaration, max award is 15K. Infinity trying to keep 2700 USD of the 15K stating they are going to pay the lien at the hospital ER. I refused the settlement offer of less than 15K and wish to continue onto trial I told them. Infinity motion for protective order recently... View More

William John Light
William John Light
answered on May 16, 2023

If you are in California, the hospital has a lien on the recovery for emergency room services pursuant to Civil Code 3045.1-3045.6. The insurer has to withhold that money to protect the lien, or it could be liable to the hospital, in addition to the policy limit if you don't pay, which is... View More

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5 Answers | Asked in Consumer Law, Personal Injury and Car Accidents for California on
Q: So I got my car back from body / mechanic shop where they repaired my front left wheel. 1 week later the whole wheel

Fell of and caused me to crash and injured my back and neck. Do I have a case?

William John Light
William John Light
answered on May 4, 2023

Sounds like it could be a good case. You will need to save the wheel and have the car inspected by a certified mechanic to determine the cause of the failure. For a personal injury case, you also need real injuries with medical care. An attorney can help you to find medical care if you need... View More

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5 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Hello so my question is, how can I find out the status of my case what's it worth ,

My accident was 8 months ago I have a lawyer that took my case ,

And a case worker and I have never spoke to one of them I have left email , messages with there answering service txt messages and not one have I got a reply

William John Light
William John Light
answered on Apr 29, 2023

No one can estimate what your case is "worth" without any information. If you are not satisfied with your current attorney, you can change attorneys. It's a good idea to talk to other attorneys first to see if they are interested in taking over before you fire the current one. You... View More

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4 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Is it Medical Malpractice if a Neurologist can't diagnose spinal cord compression? 14 months from onset to dx.

We had to be referred to an outside (of our network) neurologist to get a diagnosis of spinal cord compression that required immediate surgery. Patient now has long term mobility issues and minimal chance for full recovery. Can the original Neurologist be held liable for medical malpractice for... View More

William John Light
William John Light
answered on Apr 24, 2023

That is potentially medical malpractice. The radiology studies and medical records will need to be reviewed by an expert neurosurgeon/neurologist. Sending an Intent to Sue letter will not "force" anyone to give you a settlement offer. Your case is very likely to go to trial unless the... View More

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2 Answers | Asked in Consumer Law and Criminal Law for California on
Q: How does two party consent work across states?

If a call originates in a one party consent state, but the recipient is in a two party consent state, and the call is recorded. which state's law prevails?

William John Light
William John Light
answered on Apr 17, 2023

No one can answer that with accuracy. The judge of the state in which a lawsuit is filed will decide. Factors may include from which state the call originated, whether either or both parties are residents of the state from which the call originated, or have sufficient contacts with that state,... View More

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4 Answers | Asked in Traffic Tickets and Car Accidents for California on
Q: can a person bring in evidence way before the court date.. to prove who is at fault??

again this from the first post that i created.. i got a citation and what i said got it in writing.. but i never gotten what the other driver said.. is there any way to get it.. or it will be presented in court. i have a dash cam footage that shows the other driver ran the red during a turn i was... View More

William John Light
William John Light
answered on Mar 27, 2023

If you had liability insurance, you should notify it of a claim against you. Your liability insurer will hire an attorney to defend you.

If you don't have liability insurance, you will have to hire your own attorney, or defend yourself.

Whether you should voluntarily provide...
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3 Answers | Asked in Car Accidents for California on
Q: if a person turning to street on a red and car hits him from the opposite side whose at fault..

the light turn red but from point of view it was yellow.. and person driving the opposite side hits the person that was turning.. there is camera footage from another driver that was turning on the same street.. on the street that he turned into the light turn green.. looks like the guy was... View More

William John Light
William John Light
answered on Mar 25, 2023

If the light turned red, it's supposed to appear red from every point of view. After that, it is impossible to figure out what happened from your post. If the traffic lights are out of phase, the city might be at fault. A Government Tort Claim has to be filed within 6 months of the... View More

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4 Answers | Asked in Personal Injury, Contracts and Civil Litigation for California on
Q: PI filed complaint 7/15/2021 trip n fall. I demanded jury trial. He never paid jury fee. Insisted on waiting.

My right to a jury trial? Never served the complaint.

“My case didn’t have valur without reverse rotator cuff replacement surgery yet.” The impact loosened my bridge. Dental work had to be done first. $17,000 and dentist extracted all my upper teeth he never created a functioning... View More

William John Light
William John Light
answered on Mar 22, 2023

Jury trials can be demanded 10 days before the Case Management Conference, which apparently hasn't happened yet since the complaint hasn't been served.

The conditions you describe sound like ordinary negligence, not deserving of punitive damages. This is heavily fact dependent,...
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2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Criminal Law for California on
Q: Need help to find a lawyer for a patient violently crippled by an LA County Deputy prior to his long incarceration.

In 1988, while in LA County custody, my patient was violently assaulted by a corrections deputy, leaving him crippled to this day. He's been incarcerated until his recent release into our program (in Palm Desert), and was blatantly discouraged by prison staff to not pursue legal action during... View More

William John Light
William John Light
answered on Mar 21, 2023

That was 35 years ago. Normally, the statute of limitations would have expired long ago. However, under Code of Civil Procedure section 352.1 (the version in existence in 1988), the statute of limitations is tolled during the period of incarceration. However, the 1994 amendment to 352.1, which... View More

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2 Answers | Asked in Wrongful Death for California on
Q: What legal action could be taken against an in home hospice agency?

My mother passed away a few days ago. The in home health service failed to identify and correctly treat a pressure ulcer on my mother's bottom.

Stage 4. 5 inches in diameter.

Completely avoidable.

William John Light
William John Light
answered on Mar 17, 2023

You can talk to the the licensing agency for the State of California. It regulates and disciplines companies and individuals in the home health care industry. cdss.ca.gov/inforesources/ccld-complaint-hotline

You can speak to an attorney who is familiar with medical malpractice and Elder...
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