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Questions Answered by Omid Rejali

3 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for California on

Q: Thank you for the answer to my question, but what would an intentional tort be?

If tort is a civil wrong, what is an intentional tort?

Omid Rejali answered on Aug 16, 2019

Torts are categorized by different mental states. Primarily they are either intentional, such as an assault or a battery, or they can be premised on negligence (a reasonable person standard).

An intentional tort as opposed to a tort that is based on negligence is a tort that requires a...
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1 Answer | Asked in Civil Litigation for California on

Q: She had been I contempt of court for about 10 months after the signed agreement in mediation.

For this time frame, the money I should be able to use, I cannot since she will not comply with the order to sell the house. Can I further sue/put additional lien on the house for this loss?

Omid Rejali answered on Jul 1, 2019

You have not provided enough information to provide you with a meaningful response. If the case had been in litigation and a stipulated judgment was entered with CCP 664 language, which allows to retain jurisdiction on the case you could have some recourse. Without knowing all the important facts... Read more »

3 Answers | Asked in DUI / DWI for California on

Q: I blew a 0.09 and got a dui what are the chances of me getting it reduced to a wet and reckless im in nursing school and

A dui would prevent me from being able to get my nursing license for 10 years. This is my first offense

Omid Rejali answered on Dec 23, 2018

Did you blow a 0.09 on the PAS device? (Preliminary Alcohol Screening). Why were you pulled over? There are many questions that a qualified attorney would need to speak to you and ask you about to evaluate your case further. It is definitely worth contacting an attorney and speaking with them over... Read more »

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1 Answer | Asked in Civil Rights for California on

Q: When lawyer disobey judge's order, who pays the penalty?.

My lawyer disobeyed the judge's order not to file in another jurisdiction, as I depend on lawyer's know how, and he DID FILE in another jurisdiction...

Lawyer told me the judge sanctioned me civil/criminal penalty...that I have to pay the fine and go to jail!...

THE LAWYER: WILLIE... Read more »

Omid Rejali answered on Nov 6, 2018

Generally the party, meaning you need to pay any sanctions. However, it really depends on the judges original order and who it was directed towards. If as you mention here the order had instructed your attorney to refrain from doing something, he may be responsible for paying any sanctions for... Read more »

5 Answers | Asked in DUI / DWI for California on

Q: My son was arrested for DUI with a BAC of .07. The limit for DUI is .08. will his be reduced or dropped possibly?

Omid Rejali answered on Sep 25, 2018

The prosecution will likely offer him a reduced charge. However, I would strongly recommend hiring an attorney to evaluate his case. There could be a chance depending on the facts of the case to have the charges dismissed altogether.

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3 Answers | Asked in Car Accidents for California on

Q: Can I reopen a claim with lyft from last year?

I was a passenger in a lyft vehicle in 2017 and was in an accident. My driver went straight onto the train tracks and hit the railing. her windshield ended up shattering and we almost got hit by the train, luckily we didn't. I decided not to go on with the claim last year as I was in too much... Read more »

Omid Rejali answered on Sep 25, 2018

The statute of limitation for personal injury claims is 2 years. You should not have any issues pursuing the claim. I would recommend contacting an attorney local to the place where the collision occurred to evaluate you case.

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2 Answers | Asked in Car Accidents for California on

Q: A Domino's Pizza sign fell on my legally parked car and did almost a thousand dollars damage. They said get 3 estimates

Then they will give me a check made out to the body shop. Do I have the right to choose where I want it fixed?

Omid Rejali answered on Sep 7, 2018

Yes. You have an absolute right to get your car fixed wherever you want. Once you get the estimates you need to provide it to them and they need to compensate you. Good luck.

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3 Answers | Asked in Car Accidents for California on

Q: What happens when there three claimants on accident in the same car

My lawyer already filed and send all my medical records to the insurance so how long I have to pay respond but there's two more people they haven't put their claims in yet

Omid Rejali answered on Aug 3, 2018

Depending on the date when the accident happened, each claimant will have 2 years from that date to make any claim that they may have. Insurance companies will not settle the claim generally until all claimant's rights have been determined or if the other claimant's specifically state that they... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for California on

Q: Lawyer told me I don't have a strong case? rear end collision $1,700 car damage and I am having concussion, ringing ears

is my lawyer telling me the truth? Because i am still on medication and therapy for 8 months now and he just told me that today april 19, 2018 that my case is not strong. So the insurance would not pay that everything i have been paying for my recovery? and the fact that i still have constant... Read more »

Omid Rejali answered on Apr 19, 2018

I would certainly suggest that you consult with some other attorneys in your local area. I would suggest contacting a personal injury attorney that is familiar with brain injuries and has trial experience!

You also have every right to get a second opinion and fire your attorney at any...
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2 Answers | Asked in Civil Litigation and Immigration Law for California on

Q: My husband is at an ice detention center and I wanted to know what information could he bring to his first court appear.

We’re just trying to stop them from sending him home.

Omid Rejali answered on Apr 5, 2018

The first appearance is generally a master calendar hearing where the charges against your husband will be read against him. Each case however is different and without knowing the specifics of your husbands case it is extremely difficult to tell you how to prepare for this. I would strongly advise... Read more »

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5 Answers | Asked in Car Accidents and Personal Injury for California on

Q: I the the persons insurance is taking full 100% lieablity how much is the pay out for my car and my self

Omid Rejali answered on Apr 4, 2018

The payout on your car depends on the amount of damage. The insurance company will send a field adjuster to give you an estimate. As to compensations for your injuries that all depends on your injuries. It is impossible to answer in the abstract without medical documentation annd diagnosis. It is... Read more »

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2 Answers | Asked in DUI / DWI for California on

Q: Can the cops search your vehicle if you are stopped for DUI?

Omid Rejali answered on Mar 29, 2018

Generally yes. I say generally because the search needs to be incident to a lawful arrest. So assuming the arrest was lawful to begin with they would be able to search the inside of your car. However, they would not be able to search the trunk of your vehicle, unless they have probably cause to... Read more »

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4 Answers | Asked in Car Accidents and Products Liability for California on

Q: Other driver did hit and run damage to my vehicle and had no insurance, can I file a small claims lawsuit for damages?

A few weeks back there was an incident that happened where my car was hit on the passenger door side. The driver of the other vehicle stayed for about 10 minutes but when the police was called she drove away (almost running me over). I obtained the police report and she was found at fault and given... Read more »

Omid Rejali answered on Mar 26, 2018

See if you can obtain the insurance information for the other party who was at fault. They should be able to reimburse you for your loss. If not, filing in small claims would be an option.

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