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Questions Answered by Eric Gene Young
1 Answer | Asked in Civil Rights and Internet Law for California on
Q: Can I sue a law firm for having my tragic story up and they are not involved or representing anyone in the case?

Recently my Mother and my Aunt were both brutally killed by a non-remorseful 18 y/o reckless driver. Whilst googling the story, I came across a law firm that had my families story highlighted on their web sight as the cover. It says something similar to ' Don't let this happen to you,... Read more »

Eric Gene Young
Eric Gene Young PRO label
answered on Jun 23, 2022

I know exactly the type of website you are describing, and they are, frankly, disgusting. I have had firms with these type of websites post information about cases I am handling. Unfortunately, the smarmy firms that use this kind of advertising typically obtain information about cases from publicly... Read more »

1 Answer | Asked in Civil Rights for California on
Q: Is it disability discrimination to not let a wheelchair person go university because got a D in science course?
Eric Gene Young
Eric Gene Young PRO label
answered on Jun 23, 2022

Not necessarily. In order for an adverse action by a university against a student to be "disability discrimination," the motivating factor in the action take by the university must be related to the disability. If the university is not letting you continue because you got a D in a course,... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Washington on
Q: Do I have a criminal or civil case? Officer did not act on my request for help, weeks later child killed someone.

Child has been sentenced for murder however I asked the police chief for help just weeks & days before my child commited murder. He conspired with my husband to keep it quiet about stabbing months prior & ignored my pleas for help.

I specifically told the chief that when the moms... Read more »

Eric Gene Young
Eric Gene Young PRO label
answered on Jun 23, 2022

Unfortunately, as upsetting as this must be, the facts you described are not likely to constitute either a civil or criminal matter for you. On the civil side, law enforcement officers in federal actions are entitled to qualified immunity which shields them from liability unless they knowingly... Read more »

Q: Why is my settlement agreement form taking so long?

I’m beginning to get so frustrated with my lawyer and I was hoping one of you can shed some light on what may be happening since this is my first lawsuit/settlement.

I was part of a major class action that I opted out of and sued on my own with my own attorney. After over a year, we... Read more »

Eric Gene Young
Eric Gene Young PRO label
answered on Jun 23, 2022

Waiting a month or longer after mediation to receive a settlement agreement is quite common, as frustrating as it can be. Most mediators who are worth their salt these days will have the parties and/or counsel execute a written memorandum of understanding or binding confirmation of agreement, a... Read more »

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3 Answers | Asked in Personal Injury for California on
Q: I have filed a civil case for personal injury on my own. But I’m not sure about serving the other party and the summons?

I had an attorney that quit at the last min. So o am trying to handle this the best I can. I just do not know if o have to serve her. One lady told me no it has all been done another said mo it hadn’t. The court is really confusing me and I can’t get into see the law help center. Not that they... Read more »

Eric Gene Young
Eric Gene Young PRO label
answered on Jun 23, 2022

I concur with the others who answered your question, but I would also add that you should check with your local bar association. Many county bar associations operate lawyer referral services that can pair you up with an attorney who may be willing to take on your case, or perhaps, even assist you... Read more »

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2 Answers | Asked in Family Law, Personal Injury and Real Estate Law for California on
Q: what is the fourm I use to file for marvin v marvin palimony

we wer together 17 years he took car of me finanicaly introduced me as his wife but has passed away

Eric Gene Young
Eric Gene Young PRO label
answered on Dec 7, 2018

From your question, it is unclear whether you meant to say "form" or "forum." If you meant "form," there is no "form" for filing a Marvin action. An attorney would need to draft a pleading for you. These are very fact-intensive cases. To strengthen your... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Im a security guard. my boss is tryin to make me get a shot at a hospital but i dont want the shot. ( TB Shot )

Im a security guard. We work at multiple different sites. Im at a hospital an I don't want a shot they require (TB Shot) if I tell my boss I'm not getting the shot I'm afraid that she wont send me to a different spot but instead either fire me or not give me any hours. ( even though... Read more »

Eric Gene Young
Eric Gene Young PRO label
answered on Nov 2, 2018

California law requires that employees working in certain facilities be routinely tested for TB and to be free of the bacteria that causes TB, meaning the law can also require you to undergo a treatment regimen for TB if you test positive. Hospitals, schools, and community colleges are three such... Read more »

4 Answers | Asked in Personal Injury for California on
Q: In California can a dog walker sue me if they ran into a pole while walking my dog, it was not the dogs fought.

The dog walker stated that it was not the dogs fault, as she was going to cross the street she went one way and the dog went the other way.

Eric Gene Young
Eric Gene Young PRO label
answered on Nov 2, 2018

To begin with, a person can sue another person for anything they want. The doors of the court are open to some of the most ridiculous claims imaginable, in California and in every other state. Having said that, however, it does mean the person who sues has a meritorious case. Based on the... Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: If Plaintiff files Amended Complaint late (Court granted demurrer w/ leave to amend), isMotion to Strike a good option

Court granted Demurrer with leave to amend by a certain date - over 20 days. Plaintiff filed its Second Amended Complaint 3 days after the due date. What are the chances for a Motion to Strike in its entirety. What is case law for Motion to Strike

Eric Gene Young
Eric Gene Young PRO label
answered on Nov 2, 2018

A motion to strike would not be the appropriate procedure, in my opinion. In California, a motion to strike lies against any irrelevant, false, or improper matter inserted in a pleading or when a pleading is not drawn in conformity with the laws of the state. (CCP 436.) A motion to strike might... Read more »

2 Answers | Asked in Personal Injury for California on
Q: Defendant filed a motion to compel discovery based on his request not when discovery is due.

Defendant adds his own insertion and interpretation when he is in charge of sending notice. This is confusing. The time that could be spent preparing discovery now has to be wasted on setting the matters right and responding to his complaint.

Eric Gene Young
Eric Gene Young PRO label
answered on Nov 2, 2018

Much more information is needed to answer this question. Unless discovery responses are late, a motion to compel would not be appropriate. I am confused by the remainder of the information you provided. Seeing a lawyer in person would be helpful, if you do not already have one.

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2 Answers | Asked in Animal / Dog Law and Civil Litigation for California on
Q: Animal services is trying to euthanize my dog. I need to file something to get a Writ of Mandate to stop the euthanasia

How do I do this?

Eric Gene Young
Eric Gene Young PRO label
answered on Aug 12, 2018

As a dog lover myself with two rescues, I am truly sorry you are experiencing this. The first thing you need to do is to contact animal services and request an administrative hearing. Most every city or county gives an opportunity for a hearing before they euthanize a companion canine. Your... Read more »

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