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Questions Answered by Jason Kelly Smith
1 Answer | Asked in Civil Litigation and Insurance Bad Faith for California on
Q: Any recourse for a shipper - FedEx denies claim "No damage to contents" but contents broken, box crushed, but unopened?

We ship acrylic computer enclosures (insured) and nearly every time one is damaged, we file a claim that FedEx denies - most times they don't even inspect the package. Then, we call, ask to speak to a supervisor, send photos and the claim is approved. This has been going on for many years.... Read more »

Jason Kelly Smith
Jason Kelly Smith answered on May 14, 2020

Sounds like it could be a good candidate for the California Unfair Competition Law as being a course of practice that is unfair, unlawful and/or fraudulent. (See California Business and Professions Code sections 17200 et seq.) There might even be some recourse under state consumer protection laws.

1 Answer | Asked in Civil Litigation for California on
Q: A collection Agency is including old debts two old accounts that were included in my bankruptcy almost 10yrs ago.

They should only be charging for one account but they are charging for three accounts.

Jason Kelly Smith
Jason Kelly Smith answered on May 6, 2020

If the other accounts were discharged in bankruptcy then those debts have been extinguished. It is a violation of the state and federal debt collection practices laws if a collector pursues bad debt.

1 Answer | Asked in Business Law, Civil Litigation, Libel & Slander and Small Claims for California on
Q: Can a company come after me legally for negative social media or internet posts?

I was involved in an influencer and wholesale arrangement with a company.

The "influencer" portion was to advertise for their company on your social media platforms.

When a person purchases through your unique link, their influencer dashboard lists it as a... Read more »

Jason Kelly Smith
Jason Kelly Smith answered on May 6, 2020

Yes and No. Anyone can threaten to file or file a lawsuit. That does not mean the lawsuit has merit. There is a balance between free speech and false statements that is at the heart of these online review cases. If you are truthful and accurate in your statements they would have a hard case,... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: I need to file a Notice of Renewal of Judgment. What do I do if I can't find the person to serve him with it?

I am renewing a judgment that is getting ready to expire (almost 10 years), but I don't know where to find the person to serve him...

Jason Kelly Smith
Jason Kelly Smith answered on May 6, 2020

The application for renewal of judgment can be mail served on the debtor at his or her last known address.

1 Answer | Asked in Civil Litigation for California on
Q: Husband and I handcuffed and arrested at local supermarket for unknowingly driving with stolen license plates?

My husband and i were about to drive away from our local super market parking lot when we were blocked in by police officer vehicles, a helicopter, guns drawn and pointed, screaming at us to put our hands up. After about 10 minutes of having our hands up , being humiliated with people recording us... Read more »

Jason Kelly Smith
Jason Kelly Smith answered on Apr 3, 2020

It sounds like you were involved in a felony stop. That would explain the helicopter and the extra police presence. The officers also had their weapons drawn while you were asked to exit the car. If the plates were stolen then there is probably a good argument that there was probable cause to... Read more »

2 Answers | Asked in Contracts and Civil Litigation for California on
Q: I lent $40000 to a freind. It was to be paid back in full in six months.

The loan was to repair the siding on his house so he could get a $300,000 loan from the bank to finish his shop. He is a General Contractor. He failed to mention that his house was red tagged back in 2017 for performing work without permits so the county had a lien on it. He also doesnt have enough... Read more »

Jason Kelly Smith
Jason Kelly Smith answered on Apr 3, 2020

Yes.

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2 Answers | Asked in Civil Litigation and Contracts for California on
Q: Can I sue/file a lawsuit Expedia for not upholding their return policy, whilst insurance was purchased via their website

Was suppose to go to Rome from San Diego on 4/23. Paid $2055 with insurance for 2 people and hotel. I understand in the midst of covid-19 things are hectic... anyways they are only offering me $439 for the flights and roughly $780-$800 for the hotel. Which means I’m only getting back $1236 ish.... Read more »

Jason Kelly Smith
Jason Kelly Smith answered on Mar 31, 2020

I’d want more information about the what the contract says, but if you qualify for the 100% refund as you say then that is what you should get. This is the exact type of thing for which people buy travel insurance.

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1 Answer | Asked in Contracts for California on
Q: Is this agreement enforceable?

My friend entered into an oral agreement with her 70 year old mom. The agreement was that her mom would sell her moms mobile home and move in with my friend and my friend would take care of her for the rest of her life. In return, the mom would give her $95K to use to pay down her mortgage. After... Read more »

Jason Kelly Smith
Jason Kelly Smith answered on Mar 31, 2020

There is an issue with the Statute of Frauds. The agreement to take care of mom for the rest of her life is not something that can be completed within a year and therefore needed to be in writing to be enforceable. If the oral agreement also included your friend giving something else up of value... Read more »

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