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Questions Answered by Eliza Jasinska
3 Answers | Asked in Divorce and Family Law for California on
Q: Can NC parent be held in contempt if only making part of CS payments that were ordered in CA

Ex spouse was ordered to pay $3,122 a month in CS and $2,607 a month in SS with a 3 month acceleration clause on arrears.

This year I was only given $12,000 total in small amounts periodically, often going 1 or 2 months with nothing. Ex seems to think that as long as he makes any payment no... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

Please talk to a family law attorney before considering any contempt actions. There are specific elements that a charging party must prove to establish contempt. Additionally, there are many defenses which may or may not apply. The information provided presents opinions and examples and does not... View More

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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Breach of duty

How exactly medical professional breaches duty when: 1) misrepresents patient's state of health? 2) performs improper referral based on such misrepresentation?

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

Please understand that not all omissions and mistakes will amount to medical malpractice. Please discuss your particular facts with a medical malpractice attorney. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice... View More

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4 Answers | Asked in Animal / Dog Law and Personal Injury for California on
Q: Can I sue my boyfriend or his renters insurance for dog bites if I was living with him at the time?

The dog bit me at least 8 times.. he would usually pull the dog off of me. But not every time.. I have been to the ER several times. He never corrected the behavior. I have witnesses. I'm terrified whenever I hear a dog bark now. I would have moved out sooner but had to save money. Now that I... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

You may sue the boyfriend for the injuries you have received but recovery will depend on the coverage that he has in the policy. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general and... View More

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2 Answers | Asked in Medical Malpractice for California on
Q: Is this malpractice or lack of informed consent?

I went to my doctor 1.5 years ago informed him I was trying to conceive. Ran some tests never heard back. Went back 2 months ago ran tests again. Test came back abnormal. Did a biopsy. Found out I’m pregnant. Doctor pretty much told me to choose. Abort the baby or possible cancer? I was never... View More

Eliza Jasinska
Eliza Jasinska
answered on Dec 16, 2024

This situation may involve issues of medical malpractice or lack of informed consent under California law, potentially falling under the Medical Injury Compensation Reform Act (MICRA). A key question is whether your doctor failed to meet the standard of care by not communicating test results or... View More

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2 Answers | Asked in Medical Malpractice for California on
Q: My provider failed to give me treatment and because of her actions I continue to suffer. What type of attorney do I need

I went to the ER for pain. The Dr said that it might be shingles but I had not broken out in rash yet and to go to provider. Three days later my provider said that it was shingles but could not give me treatment because it was too late. I was told by another Dr that the treatment could be taken up... View More

Eliza Jasinska
Eliza Jasinska
answered on Dec 10, 2024

You likely need a medical malpractice attorney. They assess whether a provider’s negligence caused harm by failing to meet care standards, leading to your complications. Gather medical records, document symptoms and costs, and consult an attorney to evaluate your case.

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6 Answers | Asked in Criminal Law, Libel & Slander, Personal Injury and Civil Litigation for California on
Q: what type of attorney sues for premise liability, intentional infliction of emotional destress, assault and battery.

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

Eliza Jasinska
Eliza Jasinska
answered on Dec 14, 2024

You would need to consult with a personal injury attorney or a civil litigation attorney specializing in cases involving premises liability, emotional distress, assault, and battery. These attorneys handle cases where individuals are harmed due to unsafe conditions or intentional actions on someone... View More

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2 Answers | Asked in Medical Malpractice for California on
Q: If a Dr misdiagnosed a ectopic preg.and due to that I had internal bleeding and lost a fallopian tube, can we do smthing

Misdiagnosed ectopic pregnancy led to extreme pain, a lot of internal bleeding and emergent surgery to remove my right fallopian tube. Is there anything we can do?

Eliza Jasinska
Eliza Jasinska
answered on Dec 9, 2024

I’m sorry to hear about your experience. In California, you may be able to file a medical malpractice claim if the misdiagnosis caused harm, like internal bleeding and the loss of your fallopian tube.

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5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I just got rear ended waiting at a red light while driving my motorcycle? Just bought the motorcycle from my friend and

So the motorcycle is not in my name and niether is the insurance for the motorcycle. Also I don’t have a M1 endorsement on my drivers license. What steps should I take? The driver completely admitted 100% fault and I exchanged info and documentation.

Eliza Jasinska
Eliza Jasinska
answered on Nov 15, 2024

Given the unique circumstances of your situation (not owning the motorcycle or having an M1 endorsement), consulting with an attorney is crucial to understanding your rights and potential coverage options.

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4 Answers | Asked in Personal Injury and Wrongful Death for California on
Q: should i persue a civil case against emt for failure to bring in right equip and incorrect cpr performed??
Eliza Jasinska
Eliza Jasinska
answered on Oct 29, 2024

Pursuing a civil case against an EMT may be viable if their actions, such as using incorrect CPR techniques or failing to bring the right equipment, fell below the standard of care and caused harm. However, EMTs have legal protections under California's Good Samaritan laws, which shield them... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: If a person was given too much radiation is there grounds for a lawsuit

A doctor order extreme radiation treatment and now the person is unable to function

Eliza Jasinska
Eliza Jasinska
answered on Oct 29, 2024

Yes, there may be grounds for a lawsuit if a person received excessive radiation due to a medical provider's negligence. In California, medical malpractice claims, including those involving radiation overdoses, fall under the Medical Injury Compensation Reform Act (MICRA). MICRA limits... View More

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4 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for California on
Q: Hi my name is Roxy. I am looking for a contingency lawyer that can help me with my possible case.

I’ve Loss the sense of Smell (Anosmia): The procedure caused it. which I’m hoping it wont be permanent. This has drastically affected my quality of life. There was no provision of post-operative care such as temporary dentures or bone grafts. This has raised concerns about potential bone loss,... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 29, 2024

Hi, Roxy. I'm sorry to hear about your experience. Given your lost sense of smell, untreated infection risks, and lack of follow-up care, there may be grounds for a medical malpractice claim. In California, MICRA (Medical Injury Compensation Reform Act) limits non-economic damages, like pain... View More

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2 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: Can doctors prescribe medication without a proper medical chart or haven't established a proper diagnosis?

I had a doctor prescribing ciprofloxacin without having a proper diagnosis being made also wasn't even sure of diagnosis even when tests said differently still highly recommended that ciprofloxacin for its properties and not its intended use specially long term use nor considered other health... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 29, 2024

Yes, a doctor prescribing antibiotics without a proper diagnosis or documentation could be considered negligent, especially if this led to harm. Under California's MICRA law, non-economic damages are capped at $350,000 for injuries after January 1, 2024. Acting quickly is essential due to the... View More

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3 Answers | Asked in Criminal Law and Personal Injury for California on
Q: What is the quickest way to disqualify a judge

Since the current LA Superior Court judge took over my case, he has denied all of my motions, including those that the opposing party did not oppose. Most recently, he denied all my motions to compel, leaving me without the necessary discovery documents. A few months ago, he denied my motion for... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 21, 2024

To quickly disqualify a judge, you should consider filing a "peremptory challenge" under California Code of Civil Procedure Section 170.6, which allows you to disqualify a judge based on the belief that they are biased against you. This type of challenge does not require proof of actual... View More

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2 Answers | Asked in Personal Injury for California on
Q: Evidence is equally available

Would court agree that presentation of evidence by plaintiff in reply to opposition to motion for reconsideration was late;

if evidence represents records that are equally in defendant's possession?

Eliza Jasinska
Eliza Jasinska
answered on Oct 21, 2024

Yes, even if the evidence is equally available to both parties, the court may still consider it late if it was presented in the reply rather than with the original motion for reconsideration. Courts typically expect all relevant evidence to be included in the initial filing, and introducing new... View More

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4 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: Are there civil litigation attorneys that work pro bono or on a contingency fee? If so, could you recommend one, please?

I was brutally attacked by neighbor's pit bull that ripped both my arms open, and I was hospitalized for 3 days. Within hours of me being attacked my boyfriend contacted an attorney (Wilshire Law firm). I was less than impressed with their service - they dragged things out for several months,... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 16, 2024

Yes, there are civil litigation attorneys who work pro bono or on a contingency fee basis, meaning they only get paid if you win your case. Given your situation with the dog attack and the dissatisfaction with your previous attorney, you might consider seeking a new attorney who specializes in... View More

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2 Answers | Asked in Personal Injury for California on
Q: What statutes and rules of court define motion to compel specifically in this situation?

When non-party to lawsuit opposes plaintiff's subpoena for business records - plaintiff is to file motion to compel responses.

What statutes and rules of court define motion to compel specifically in this situation?

Should non-party to lawsuit provide privilege log to assess... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 16, 2024

In California, the statutes and rules that govern a motion to compel, particularly when a non-party opposes a subpoena for business records, can be found in the California Code of Civil Procedure (CCP). Specifically, CCP Section 1985 allows for the issuance of a subpoena for the production of... View More

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2 Answers | Asked in Personal Injury for California on
Q: Opposition to Motion to Quash subpoena for business records by non-party to lawsuit.

When non-party to lawsuit submits motion to quash plaintiff's subpoena for business records - plaintiff is to reply with the opposition.

What statutes and rules of court define the opposition in such case?

Eliza Jasinska
Eliza Jasinska
answered on Oct 16, 2024

In California, when a non-party files a motion to quash a plaintiff's subpoena for business records, the plaintiff's opposition is governed by California Code of Civil Procedure (CCP) Section 1987.1. This section outlines the procedure for filing an opposition, while California Rules of... View More

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4 Answers | Asked in Personal Injury for California on
Q: Does my son have a case and if so, against whom?

My son was skate boarding down the side walk to get to his car. His board got caught in an uneven sidewalk on Northridge. He is an intern and he was told by his employeer EDD he will lose his job because he broke his ankle that requires surgery. Does he have a case and if so, against whom?

Eliza Jasinska
Eliza Jasinska
answered on Oct 21, 2024

Your son may have a case for a personal injury claim against the city or property owner responsible for maintaining the sidewalk if the uneven surface caused his fall. He could also potentially have a claim related to his employment situation, depending on the circumstances. Since liability for... View More

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2 Answers | Asked in Medical Malpractice for California on
Q: I am Pro Se, opposing counsel asked to electronically serve, can I, as a party, email Form Interrogatories to defense?

I am currently suing a major medical hospital for malpractice but my attorney filed a motion to withdraw five days before a hearing for MSJ because this case is a "bad business decision". I opposed the MSJ and fortunately the judge changed his tentative ruling. After review of my case... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 16, 2024

As a pro se litigant, you can electronically serve discovery requests, including form interrogatories, to opposing counsel, provided that the court's rules allow electronic service and that the opposing party has consented to receive documents electronically. However, there are specific rules... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: Went in for Colonoscopy and had my kidney puncture got sepsis

This is on my chart?

Sepsis, AKI following cyst rupture during colonoscope, DC 5.3.2023

Feels tired and has blood tinged urine and pain

DC on pain meds

Eliza Jasinska
Eliza Jasinska
answered on Oct 16, 2024

If your medical chart documents that you suffered a kidney puncture and sepsis following a colonoscopy, you may have grounds for a medical malpractice claim. The key factors to establish negligence would include proving that the medical staff failed to provide an appropriate standard of care during... View More

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