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If plaintiff requests consolidated hearing on two motions, can motions be consolidated into one document? Please provide CCP or california rules of court that defines consolidated hearing procedural rules.
answered on Jan 5, 2024
Practice manual state that each motion or demurrer should normally be set forth in a separate document. But, CRC 3.1112(c) states a motion, notice of hearing and points and authorities may be combined in a single document “if the party filing a combined pleading specifies these items separately... View More 
Is precedent and landmark case synonyms? Is seminal the same as persuasive? What are differences between the definitions?
answered on Jan 1, 2024
Precedent in reference to a case means the case determines an issue and can be used as authority.
These are the decisions of a court that are thought worthy enough to be used as models for future cases.
Seminal when referring to a legal case means it is either the first or main... View More
Some details will be light for privacy’s sake.
I have a history of melanoma.
I pointed out a spot to my dermatologist that ticked a lot of boxes for something suspicious but they diagnosed it as inflammation.
I came back 2-3 months later since it wasn’t healing. The... View More
answered on Dec 27, 2023
Yes you may have a case.
Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Due to the nature of medical malpractice cases, the extent of the injuries may affect... View More
My toddler went to visit a Kroger little clinic for a stomach ache and diarrhea that continued past a week. Woke up the next morning with a nose bleed, so we took her to the Emergency, where no one understood why she was prescribed azithromycin.
answered on Dec 13, 2023
Where a health care provider
breaches the standard of care
and the breach causes harm, there may be a medical malpractice case.
Medical malpractice means that a health care provider violated the standard of care. A bad outcome is not enough. Another health care provider... View More
answered on Dec 12, 2023
While such a case is possible, there are two hurdles that may be difficult to overcome.
First, you must prove they did something wrong. Bruised can happen without (and with) malpractice.
Second, your harm must be sufficient to warrant a lawsuit and what you describe may not be.
Claim against me for a car accident I was in last year. The issue is I was never in accident. I followed up with my insurance today and they claim the other parties lawyer , car insurance and police department won’t release accident report to my car insurance? I’m very confused and just don’t... View More
answered on Dec 12, 2023
Your insurance company is required to keep you informed and provide to you information.
Unfortunately, even though you do not want to be bothered, this is something that can happen. You should be able to obtain from the insurance company the claim made by the allegedly injured person.... View More
I agreed to a 31% fee for mva accident attorney but I was charged 33% is that legal ? Also he had me pay tax if fair to get police report which I also had to pay for and then still charged me out of settlement for police report, charged me for postage and copies of forms that i received thru email... View More
answered on Dec 1, 2023
What an attorney can charge is determined by contract--the attorney client fee agreement. If it provides for one percentage, that is all that can be charged for fees. Check the fee agreement as it is not uncommon for there to be an increased fee if a lawsuit is filed.
Certain costs may be... View More
Run down or a detailed from the time I went in for the surgery until when I was released to go home?
answered on Nov 30, 2023
It is helpful to state:
1. The name of the doctor and the city of the practice.
2. What the doctor did wrong.
3: What future treatment, wage loss and other harm will there be due to the malpractice.
4. The date of the malpractice and the date you discovered the malpractice.
answered on Nov 20, 2023
In most circumstances, pursuing Kaiser must be done through Arbitration.
Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Due to the nature of medical... View More
Is there grounds to sew.it has caused problems with my family causing them to think I'm on drugs.
answered on Nov 19, 2023
It would probably not be a viable case.
The first issue is did the doctor commit malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
The second issue... View More
I live in unincorporated Grass Valley, CA, next door to a neighbor that runs a home business out of his home called
Flying Squirrel Tree Care. He parks large trucks and cranes in his backyard. He also lets trucks idle at 6:00 a.m. before he and his team leaves and when they return at 5:00... View More
During this time, I was never able to reach my attorney or ever got return calls or emails. They canceled countless hearings without any notice when I took the day off of work to attend. The case never went to trial and settled for $300,000. The law firm took $200,000 of that amount plus... View More
answered on Dec 17, 2024
If fee or costs are in violation of the fee agree or are unconscionable, there may be an ethics violation, breach of contract, breach of fiduciary duty and malpractice.
answered on Dec 10, 2024
More information is needed to determine the type of case and to answer questions.
Car accident December 2022. Property damage settled. Have claim number started with insurance company for injury, but it has been dragging out. We are now coming up on the two year mark. Does this have to be settled in California before the two year mark can settlement go past that timeframe. Have... View More
answered on Dec 10, 2024
Yes. If the lawsuit is not timely filed without settlement being completed you could lose all rights.
I was attacked by security guards at a restaurant, the same guards stalked me for over a year(have it documented in photos and videos the lawsuit would be intentional infliction of emotional destress, premise liability due to being assaulted and battered at their establishment. Defamation is a... View More
answered on Dec 9, 2024
This case would be addressed by a personal injury attorney. Not all PI attorneys do this type of case.
Use the Justia search tool to find an attorney. https://www.justia.com/lawyers
15+ years i had an injuries that have been covered up, falsified and even given bad medical treatment that has ruined my life. it is also still on going
answered on Dec 5, 2024
Yes the statute of limitations applies and a malpractice lawsuit may be prevented. But there might be other claims or exceptions. Consult with experienced malpractice attorneys in the state where this occurred.
I was bitten on the wrist by a dog I was house sitting about 2 months ago, and it seems to have affected my tendons. The dog has a past history of biting, the owner's homeowner's insurance just paid out some money to a lady the same dog bit 6 months ago.
I also know that the... View More
answered on Dec 2, 2024
There are many things a skilled, experienced attorney can do for you with no upfront money by you.
My back and my side have been getting swollen and hurt a lot every day can’t even move much well finally went to doctor and they did xray and they found a pin that they use for c section inside of me. Doctor must left it in there during my c section 8 years ago and that’s why I been in so much... View More
answered on Nov 27, 2024
You have a valid malpractice case.
Where there is a retained object that was not meant to be left in, the statute of limitations does not begin to run into discovered.
Consult with experienced malpractice attorneys in the state where this occurred.
Causing me to flip multiple times and get tboned by a 16 wheeler. I was rushed to the hospital and was found to have major injuries to my spinal cord with multiple contusions to my neck and back. I’m In pain everyday and can’t get the medics, attention I need because of this major setback which... View More
answered on Nov 23, 2024
Yes you may have a legal malpractice case. One issue in legal malpractice cases where a settlement was accepted will be what you knew at the time of settlement vs what was later learned.
Added to the facts provided, there is the issue that a drunk driving judgment may not be... View More
My latest unsuccessful heart ablation procedure which left me with blood clots in my leg but I was suffering with pain that wasn’t just do to the blood clots and I was told by the doctor there’s no way that I could have nerve damage only to find out I have chronic neuropathy.
answered on Nov 22, 2024
It might be a case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Consult with experienced malpractice attorneys in the state where this occurred.
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