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Questions Answered by Dan Rowan Cortright
4 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Are there any state or federal laws that prohibit vehicles from stopping Abruptly on the freeway?

I was involved in an accident on US 101 where a big rig that was in front of me came to an abrupt stop to avoid hitting a few dogs that ran in front of him on the freeway. I was only going 40 miles an hour, it was foggy and by the time I realized that he had come to a complete stop it was too late... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Nov 30, 2022

The basic speed law you were cited for violating provides: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which... Read more »

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3 Answers | Asked in Criminal Law, Personal Injury and Arbitration / Mediation Law for California on
Q: Can you serve a letter to the defendant on a certain date when I know he will be in court present with his other case?

Defendant not available at home for certified letter. I know he had court date with someone else. Can I serve papers there?

Yes it's demand letter. One more question, how to do it?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Nov 29, 2022

It depends. What kind of letter is it?

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1 Answer | Asked in Products Liability, Business Law, Construction Law and Small Claims for California on
Q: If a contractor leaves equipment on a property, & someone moves the equipment, causing damage to the home, who's liable?

For instance, if the contractor had left a compact tractor on the property, and over a weekend when neither the homeowner or contractor were there, someone pushed the tractor into the siding on the home, causing damage, would the contractor be liable for the damaged siding since they were the one... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Nov 17, 2022

No, the person who moved the backhoe actually caused the damage, not the contractor who wasn't there.

1 Answer | Asked in Consumer Law, Business Law, Construction Law and Contracts for California on
Q: Roofing contractor had me pay him more than the estimate when jobnot completed and materials not delivered

Is this an unfair business practice and how can I get my money back?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Nov 14, 2022

This may be an unfair business practice, breach of contract and breach of the covenant of good faith and fair dealing, depending on more facts. Was there a written contract for the job? If not, were the terms of an oral agreement later referenced or set forth in an email/text? Was the contractor... Read more »

2 Answers | Asked in Civil Litigation, Construction Law and Contracts for California on
Q: I filed a complaint with the CSLB against a Contractor for shoddy work and breach of contract and it has been assigned

to mandatory, binding arbitration.

The Contractor is stating I still owe him the balance on the contract so he will not fix any issues until that is paid. The CSLB states that the same issues should not be filed in a civil suit but the Contractor has now filed a civil suit in Superior... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Nov 14, 2022

It depends. Does the contract with the contractor provide that all disputes be resolved by binding arbitration? Who referred you to binding arbitration? You can file a motion to strike (or demurrer to) the Superior Court complaint based on the binding arbitration provision in the contract, but... Read more »

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2 Answers | Asked in Business Law, Criminal Law and Divorce for California on
Q: Can I stop LLC partner stealing all $ Police won’t help say Fam Law. 2 yrs now,2 CPO DVRO w kids Divorce still 8 mo out

50 50 LLC. Husband locked me out of all banks & business when I got restraining order 2 yrs ago to protect kids & myself. He is taking 100% of money, running wild, paying all his bills and attorneys through LLC.

I’m being told even if I file in civil court it’ll just get... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Nov 2, 2022

Yes, more information is certainly needed to respond adequately. If your spouse is stealing all the LLC profits, there are remedies available to you like dissolving the LLC, obtaining an injunction against their plundering, etc. Contact a civil litigation attorney, such as myself to have a... Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: Is Aluisi vs fort Washington golf club still valid in CA? There is a similar situation happening at our club .
Dan Rowan Cortright
Dan Rowan Cortright
answered on Oct 26, 2022

Yes, that case has not been overturned. Are you the member whose membership is being questions/revoked, or the golf club? Either way, it would behoove you to contact a litigation attorney to discuss the matter in detail.

1 Answer | Asked in Civil Litigation for California on
Q: If a small claims case is won, where the judge rules in favor of the defendent, how can the plaintiff then sue the

defendent in civil court using the same arguments?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Oct 14, 2022

Once a small claims judgment has been made, the losing party's only remedy is to appeal the judgment. If the matter in controversy is less than $10k, it is the exclusive jurisdiction of small claims court and a case for that amount cannot be filed in Superior Court. If the losing plaintiff... Read more »

2 Answers | Asked in Personal Injury, Civil Litigation and Education Law for California on
Q: What is California's statue of limitations on childhood molestation?

Public school employee in 1980

Dan Rowan Cortright
Dan Rowan Cortright
answered on Oct 10, 2022

I am appalled to hear that these things happen to children, especially by a public school employee. You should pursue your rights to collect damages from the responsible parties. Under a law passed in 2019, childhood victims of sexual assault have until the age of 40, or within 5 years of the... Read more »

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3 Answers | Asked in Business Law and Civil Rights for California on
Q: Can I record myself in a nonprivate conversation with staff about unfair treatment in a recuperative care shelter I live

Discussion was about unfair treatment and frequent policy changes as retaliatory conduct against residents who complain or start grievance process. Discussion was in front of other residents, not a private conversation. I recorded my voice and responses out of concern that my words would be... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Oct 7, 2022

It is not illegal to record a conversation where there was not consent by all parties involved (i.e. you did not break a law). The recording, however, is not admissible as evidence in any action regarding the subject or content of the recording.

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3 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: What is the proper written method to request or demand extension of time for request to produce documents?

What is the proper written method to request or demand extension of time to produce documents not easily available for response to interrogatories and or production of documents? LA County. Med records are in other country and need to be translated, how to proceed extension of time request with... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Oct 6, 2022

You can request by email or letter to the opposing counsel the extension you need; the request is not sent to the court.

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2 Answers | Asked in Personal Injury for California on
Q: My son was hit by another vehicle last summer. Do I need to keep our policy open while its still in litigation?

My son used his private insurance for medical bills. The other driver didn't give his insurance info until later on..the attorney he has does not specialize in auto accidents and I feel he is being screwed on any settlement to pay back the medical costs. I want to switch auto insurance... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 30, 2022

You can switch insurance companies now without a problem. The duty of your insurance to pay on a claim relates to the operative time period of the policy, so if you had coverage with the former insurance company at the time of the accident that policy is responsible to pay the losses associated... Read more »

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2 Answers | Asked in Civil Litigation and Contracts for California on
Q: Neptune Society had cremated my Dad - then an employee changed my Moms contract as to who had rights to disposition

Mom paid Neptune $2400 to cremate my Dad. I took her to their office, she signed paperwork where SHE was the surviving spouse who had rights to his cremated remains - my younger sister was asked by Mom to go to Neptune and "pick out " an urn for Dad. When she did this, she also had the... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 21, 2022

It sounds like there was some fraud committed in the changing of the disposition agreement. You have legal rights when someone commits fraud in such a situation. I agree that you should consult an attorney for a consultation as to what your legal rights/remedies are.

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2 Answers | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Business Law for California on
Q: Is an oral settlement agreement resulting from an MSC enforceable in California? 664 should not hold, correct?

During a settlement conference I had a momentary lapse of judgment and agreed with what my lawyer was telling me (to settle my case). He actually tricked me and then blamed me for not communicating with him (lie). At the end of the day the judge went back to the other party and they accepted our... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 19, 2022

If the settlement was not put in writing, signed by both parties, and you made clear to the judge that you did not in fact agree to the settlement number the other side agreed to, then there is no enforceable settlement (i.e. no meeting of the minds with regard to the terms of the settlement).

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2 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for California on
Q: Gf is being sued. Can we lose our home if she loses? Home is under both our names.

Gf was in an accident(at fault) with 2 other vehicles. (25k/50k policy) First vehicle took the settlment. Second vehicle owner is suing for 250k. She makes about 35k a year and no savings. Can we lose our home that is under both our names. 250k mortgage, valued at 390k? Is it protected under... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 19, 2022

It depends on how you own the property, as joint tenants or as a tenancy in common. If you are joint tenants, then a judgment creditor cannot likely place a lien on your home. The homestead exception applies only if the judgment debtor files for bankruptcy protection, in which case the home she... Read more »

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2 Answers | Asked in Personal Injury, Products Liability and Health Care Law for California on
Q: My PCP injected me w/trulicity & bydureon. I don’t have diabetes, I am now impaired as a result what should I do

I did not have diabetes and am no medication except a water pill today , as a result of the medication my skin lifted off my body and my internal fluids leaked out. I had to be hospitalized and re-learn to walk and have lost my professional career

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 19, 2022

You should contact a personal injury/medical malpractice attorney right away. You only have 1 year after the malpractice to file a claim/lawsuit against the doctor.

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2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: We had a trespasser on our property and in an attempt to remove him he resisted.

We had a trespasser on our property and when we attempt to remove him he kept resisting. We had the key but he kept locking the door back up if we opened. My associate got angry and broke the door down. The trespasser fled out the back door. Is the trespasser entitled to any protections/is my... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 16, 2022

If the trespasser was injured when the door was kicked down, then yes, your associate may be liable for the injuries (your remedy should have been to call the police and let them deal with it). You should not be exposed to liability if you did nothing to injure the trespasser (unless you incited... Read more »

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2 Answers | Asked in Real Estate Law and Civil Litigation for California on
Q: My ex fiance and I co-own a home. If I move out am I still obligated to pay 1/2 of bills?

I own half of the house. He has made it so toxic that for my health I need to move out while he tries to get a loan to buy me out. I pay half of the loan we got for the house and I pay half the space rent. He says if I leave he will pay my half until he buys me out but I want something to protect... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 16, 2022

If you are on the loan as a co-mortgagee, then if he does not pay the full loan amount you are jointly liable to the lender for its payment. This is the case until you are taken off the loan by the lender.

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2 Answers | Asked in Criminal Law and Civil Litigation for California on
Q: Can force be used to eject a trespasser in California?

Occupants who did not have a lease entered a property and refused to leave. Owner entered by breaking down door after trespassers refused entry. Are the trespassers entitled to any damages for the suffering caused by forcible entry? No bodily contact of anyone.

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 15, 2022

In CA, one is only legally entitled to use sufficient force to protect themselves based on the amount of force being used against them. If there is no force being used against them, and the trespassers are merely squatting, no force is permissible to be used against them. It sounds like they are... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: i need a lawyer for suing the police for depriving me from a federasly protected activity of traveling
Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 13, 2022

You will need to provide some more information before an attorney will be able to evaluate whether to represent you in your case. What activity were you deprived of by the police, and how, when?

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