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Questions Answered by Patrick William Steinfeld
2 Answers | Asked in Personal Injury for California on
Q: Why is it difficult to obtain a personal injury lawyer?San Diego CA

I am victim to assault battery crime . Suspect never arrested, just later charged when I went to speak to Sgt .( Which I was not allowed due to police telling me that going to the hospital more important due to my injuries.)

I have called many lawyers and none have taken because I... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Oct 12, 2024

Don’t blame it on the lawyers. Intentional torts like assault and battery are generally NOT covered by homeowners insurance. Full stop. End of analysis. Just bc she has not been arrested doesn’t mean she won’t be arrested once the investigation is completed. Her bf does not have a duty to... View More

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2 Answers | Asked in Personal Injury for California on
Q: which form is applicable: SUBP-010 or SUBP-020?

For written deposition under subpoena WITHOUT appearance of non-party which form is applicable: SUBP-010 or SUBP-020?

Written deposition is answers to qustions.

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 27, 2024

Here are some self help videos on Discovery.

https://saclaw.org/learn/self-help-videos/

Specifically related to Subpoena's

https://saclaw.org/resource_library/discovery-business-records-subpoena-for-consumer-employee-records/

You can find answers to all your...
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6 Answers | Asked in Personal Injury for California on
Q: Can I switch lawyers? (early in the case, claim has not been filed yet)

I am dealing with a high value personal injury case and 15 months in the law firm is impossible to contact and they have not even filed the complaint yet.

With that said, I am thinking about the prospect of switching to a smaller law firm where they can dedicate more time to my case.... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Mar 12, 2024

Yes you can switch attorneys at anytime. Your current attorney would be entitled to the reasonable value of their services. So at the time of settlement your new attorney will negotiate with your current attorney on how to divide attorney's fees. You cannot be charged twice for lawyer's... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Filing of amended complaint is pursued. How motion to set aside dismissal can be accompanied by amended complaint?

1. Motion to Set Aside Dismissal against defendant requires amended complaint.

2. Amended complaint (third) requires motion for leave to file amended complaint.

3. Court allows one hearing per one motion.

If filing of amended complaint was not ordered yet,

how... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Mar 5, 2024

I feel like this question has been bouncing around a lot lately and I don't think you are going to get the specific information you need. If you are on your 3rd amended complaint this could be your last shot at it before your complaint (or a cause of action) is dismissed with prejudice. If you... View More

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7 Answers | Asked in Personal Injury for California on
Q: How hard is it to win a case from a fall do to side walk being uneven and trip hazard.

79 yr old mom perfect health tripped on sidewalk sustaining broken knee cap required surgery ,fractered her wrist and hitting her head. Are these cases very complicated in Ca. This was at her apartment complex. It was clear sunny day in the afternoon when it took place. I have 3 good pictures of... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 19, 2024

These types of accident are not a complex, however, you must show the property owner knew of the dangerous condition (actual knowledge) or should have known (constructive knowledge) of the open and obvious defect. Because of this notice requirement, slip/trip and falls on public sidewalks are more... View More

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5 Answers | Asked in Personal Injury for California on
Q: What is the normal attorney Fees for personal injury. I was told 331/3 plus 1,000 for each deposition and paper request

Can I request to see the settled amount that in insurance company paid out on the law suit. Is it true that Medi-care needs to be re-embured once the award has been granted? How do I know if I have hired the right honest attorney for personal injury?

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 15, 2024

It's important to understand the difference between "fees" which pays your attorney for their time... and "costs" which reimburses your attorney for costs they have advanced on your behalf. Your agreement is controlled by your Retainer so look to it to determine your legal... View More

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2 Answers | Asked in Personal Injury and Legal Malpractice for California on
Q: What do I do if I have two attorneys who have abandoned me in a row.

I have 2 PI claims with the first attorny. He abandoned me. I've seelnt 3 certified letters demanding communication and delivery of my file. No response for 3 months. The second attorneys is less bad but I never hear from him. As a result of the first attorney doing nothing making me do all... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 15, 2024

Attorneys have an ethical obligation to provide you with copies of your file within a "reasonable" period of time. 3-months is "unreasonable". Contact the California State Bar and open a complaint. Provide copies of your "certified" letters. The certified letters are... View More

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3 Answers | Asked in Family Law, Personal Injury, Animal / Dog Law and Child Custody for California on
Q: Can I file for an emergency ex parte order if my child was attacked by two pit bulls while in her father's care?

My child's father & I are in a 50/50 joint custody situation. On Monday, he had my child outside in the cold in South Central Los Angeles at a strangers house (we'll call him 'John'). John has two fully grown pit bulls who he uses as guard dogs. My daughter was outside in... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Nov 22, 2023

Call the police or go to the police station and make a police report. This will help you in your request to the court. You can always request an ex parte order for emergencies. If you don't have a family law attorney, request a facilitator. LA family law courts provide facilitators that are... View More

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2 Answers | Asked in Personal Injury for California on
Q: Definition requested 8.104c to clarify. Follow up

Unless you have specific answer as was asked - do not respond

Patrick William Steinfeld
Patrick William Steinfeld
answered on Nov 20, 2024

The language is clear. What needs to be clarified?

8.104 (c) What constitutes entry

For purposes of this rule:

(1) The entry date of a judgment is the date the judgment is filed under Code of Civil Procedure section 668.5, or the date it is entered in the judgment book....
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2 Answers | Asked in Personal Injury for California on
Q: 8.104 c (2) Definition what constitutes entry of appealable order

Is Motion for reconsideration deemed to be appealable order, with date of entry defined by 8.104 (c)(2)?

Patrick William Steinfeld
Patrick William Steinfeld
answered on Nov 20, 2024

Here is a Guide to Civil Appeals: https://selfhelp.courts.ca.gov/civil-appeals

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2 Answers | Asked in Personal Injury and Health Care Law for California on
Q: Can demand for incident/adverse event reports be included into Production Requests?

Can demand for incident/adverse event reports be included into Production Requests?

As an example. Plaintiff's info was disclosed without authorization 2.5 years ago. The track record of this violation does not exist in hospital records.

Shall Plaintiff propound Production... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jun 13, 2024

Ask for whatever you want. This places the burden on the opposing party to either produce the requested documents or state the basis for their objection.

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2 Answers | Asked in Personal Injury for California on
Q: I was donating plasma and a phlebotomist intentionally imputed me to an infectious disease I while donating.

Kiele was her name and Carson was her trainee at octapharma on Clovis and shaw in Fresno California

Patrick William Steinfeld
Patrick William Steinfeld
answered on Apr 6, 2024

I'm not sure what your reference to "imputed" refers to in this context, but in order to succeed in any claim you would need to prove facts:

1) They injected you with an infectious disease.

2) The injection of an infectious disease was intentional.

What facts...
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5 Answers | Asked in Contracts, Personal Injury and Medical Malpractice for California on
Q: Very difficult time finding an attorney in LA.

I have 2 separate things going on at the moment. I am currently dealing with a MVA and have a LA attorney for that. However, I haven’t talked to my attorney and don’t even know his/her name. I only speak w/ my case worker. I have an even bigger case and need to find a good attorney in the LA... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Oct 17, 2023

If you don't even know your attorney's name... there's your sign. Your complaints are similar to what I hear on a regular basis. Large firms employ case workers who act as the conduit between client and attorney. There is no degree or educational requirements to be a case worker.... View More

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4 Answers | Asked in Family Law, Personal Injury and Gov & Administrative Law for California on
Q: I want to file a lawsuit against CPS. They have intruded and traumatized my son and my life.

They have found 3 false claims from people that had personal vendettas against me. And also no proof of any neglect nor did they find any proof from any of the claims. And just recently I got contacted yet again from their agency

Patrick William Steinfeld
Patrick William Steinfeld
answered on Oct 2, 2023

It sounds like CPS investigated those claims and did not find any neglect. Your issue should be with the people who have "personal vendettas" against you... not CPS.

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: My kid was injured in a rental car as the seat belts failed due to them not working. They only want to pay the ER bill.

After driving about 2 hours from the rental place an accident happened right in front of us. I had to slam on the breaks and my kid came out of the seat and slammed into the seat in front of him. My daughters car seat moved but she did not sustain any injuries. My kid went to the er with neck pain... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 28, 2023

The rental agency does not have a duty to inspect seat belts. The reason you can't find an attorney is because your claim for a defective seat belt would be against the manufacture of the seat belt and the vehicle. As you can imagine... that would be very expensive to prosecute. The cost for... View More

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3 Answers | Asked in Criminal Law, Personal Injury and Civil Rights for California on
Q: Based on the key events I outline below, would you believe there's potential for a lawsuit against the city?

I recently faced an incident leading to vandalism charges against me. In brief:

The incident was initiated by genuine concerns for a friend's safety.

There was a mistaken act on my part, resulting in property damage.

Subsequent to this, I was violently assaulted by... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 28, 2023

You said you were '"subjected to misconduct and negligence" but don't provide any facts to support your allegation.

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3 Answers | Asked in Personal Injury for California on
Q: slipped in a hotel shower. Had no grip bars, no anti-slip stickers. Fractured my wrist and now have CRPS. Do I a case?

The shower floor was a shower pan with no grip resistance. There were also no grip bars in the shower. The hotel supplied me with a gross mildewed stain bath mat that I did not use. I was taken to emergency and had to get my arm set. I developed a displaced malunion, a torn peripheral and TFCC... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 25, 2023

It sounds like you have a good case against the hotel. The hotel has an obligation to make sure their rooms are safe for people of all ages including those with disabilities. Grip bars are pretty basic and don't cost much so the hotel should installed them in every room to prevent injuries to... View More

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6 Answers | Asked in Car Accidents and Personal Injury for California on
Q: can you sue someone directly for car crash for being negligent other than insurance claim?

I had a car accident almost a year ago. Thank God, my children were already dropped off to school. The person who hit me head-on was high on marijuana (according to the police report) and was speeding, racing with another car and I was hit head-on, resulting in the total loss of both my car and the... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 19, 2023

Yes you can sue someone beyond their insurance, however, if you settle your claim against the at-fault drivers insurance company, they will require you to "release" their insured from any further liability. So you either settle with the insurance company or you file a lawsuit. You... View More

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2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: Give a good reason for tolling the malpractice 1 year cutoff

The spouse could not see malpractice until after she followed with cancer diagnosis too.

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 18, 2023

I'll give you 4-good reasons:

1) minor

2) out of the state

3) prison, or

4) insane

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1 Answer | Asked in Personal Injury for California on
Q: Should I sue for tort of outrage or libel?

A media company produced videos for their songs about me. They published them on YouTube garnering millions of views. I saw my secrets getting leaked, I became suicidal. I had to drop out of university. My mom got burned in an explosion in Pakistan (she wouldn't have been in Pakistan, but I... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 15, 2023

You need to raise all potential claims in the same complaint. California does not have a tort of outrage. Never heard of it. A similar claim would be intentional/negligent infliction of emotional distress.

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