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I need help with my rights as a beneficiary in relation to my father's trust. My sister claims to have power of attorney and says she's the trustee. She relocated my father to a different care facility and sold the house. She has refused to provide me with a copy of the trust and... View More 
answered on May 21, 2025
Consult with a probate litigation attorney right away to protect your rights. Your sister, if she is trustee of your father's trust, has fiduciary duties and obligations under CA law, one of which is to provide all beneficiaries with a copy of the trust. Time is of the essence as the longer... View More
I was taken advantage of by a contractor recommended by my husband's nephew during my house renovation. After my husband's passing in September 2023, I didn't realize I hired someone unlicensed and without a contract. He continually asked for money until my savings were depleted, and... View More
answered on May 7, 2025
Yes, you have a case. In CA, unlicensed contractors are not permitted to do the remodel work on your home without serious consequences. You have statutory rights to sue the contractor for the return of ALL money you paid him, as well as other civil penalties. Contact an experienced civil litigation... View More
My wife passed away on December 7, 2024, due to liver disease. After visiting urgent care, she was prescribed oral prednisone and Tylenol, despite informing the doctor of her liver condition. She began experiencing severe fluid retention almost immediately, requiring multiple hospital visits for... View More
answered on May 6, 2025
It certainly appears that you may have a valid medical malpractice case, which will be dependent on whether the provider's actions at urgent care fell below the standard of care for such medical providers. You only have a limited time to file a lawsuit for malpractice, so it is important to... View More
I experienced medical malpractice on April 2, 2024, resulting in compartment syndrome, rhabdomyolysis, surgery on my wrist, and a concussion. I've undergone two surgeries and physical therapy since then. I have already filed complaints with the California Department of Public Health and the... View More
answered on Apr 22, 2025
In California, a medical malpractice lawsuit must be filed within one year of your discovering the malpractice or within three years of when the malpractice occurred, whichever comes first. So if you knew of the malpractice on April 2, 2024, the 1 year statute of limitations has passed. But if you... View More
I am seeking legal assistance regarding a medical malpractice case involving my father's surgery. He was scheduled for back surgery, and prior to that, he underwent laser stomach surgery. After the surgeries, he experienced severe stomach pain and bloating. Despite our continuous reporting to... View More
answered on Apr 17, 2025
I'm very sorry to hear of your father's passing. It sounds like you may have a valid malpractice case, but as with all such cases its success will depend on the specific facts and timing. For medical malpractice cases, there is a 1-year Statute of Limitations, meaning you must file your... View More
On November 4, 2024, my 75-year-old uncle experienced a fall at a rest area that resulted in a brain injury. At the hospital, he mentioned he couldn’t remember if he hit his head, yet they only checked his left shoulder, elbow, and knee before sending him home. On March 28, 2025, he collapsed,... View More
answered on Apr 16, 2025
I'm sorry to hear of your uncle's injuries. With personal injury and malpractice cases, it's important to act swiftly as there are Statutes of Limitation that apply and may prevent a claim from being made if it is made too late. For medical malpractice in CA, the SOL is 1 year from... View More
I recently lost my husband due to what I believe was poor care from Kaiser Permanente and the doctors treating him. He had a history of coronary artery disease with several stents, and in early 2024, he repeatedly reported dizziness, headaches, chest pains, and shortness of breath to both his... View More
answered on Apr 2, 2025
I'm very sorry to hear of your loss. Reach out to an experienced medical malpractice attorney to discuss filing a possible malpractice lawsuit. But keep in mind that there is a 1 year Statute of Limitations on filing such a claim, which runs from the date you discovered the malpractice.
Last week, a doctor assigned by SSI informed me that I was diagnosed with colon cancer back in 2021, according to my medical records, but I was never informed about this diagnosis. I have documents verifying the diagnosis, which the SSI doctor recently explained to me. This was shocking, as I had... View More
answered on Apr 2, 2025
I am sorry to hear of your misdiagnosis. If you learned of the misdiagnosis within the last year, you may be able to file a malpractice lawsuit to recover for your damages against the provider/hospital. The value of your case depends on many factors, such as how far the cancer has progressed, the... View More
I experienced severe issues with the Norplant birth control, including body rejection that required its removal within a year. My doctor warned me that I may never have children, and at 45, I do not have any. I was unaware of additional side effects like depression. I recently learned of a class... View More
answered on Mar 27, 2025
Whether you may now sue for personal injury caused by the Norplant device depends on when you discovered the damage it caused you. If it was more than 2 years ago, then the statute of limitations bars your claim for any recovery. But if the damage was either caused less than 2 years ago, or through... View More
I am 57 years old, and on February 28, around 8:20 pm, I fell off a curb on a dark walkway at my apartment complex, injuring my right knee, hip, and lower back. Although there's no external bruising, I was in significant pain and visited Kaiser's emergency room. I called my son to help me... View More
answered on Mar 20, 2025
Most attorneys in CA will take an injury case like this on a contingency fee basis, meaning you will only pay the attorney for their time after the case settles or a judgment is obtained in your favor after trial (if a lawsuit is filed). One of the key threshold questions, however, will be... View More
Civil Litigation/Breach of Contract
answered on May 10, 2024
It depends on whether the court has ordered them to amend, for example after a demurrer was sustained or a motion to strike was granted. If the court issued one of these orders (e.g. demurrer sustained with leave to amend), the order usually says how long they have to amend their cause of action.... View More
It was a verbal agreement, although there are texts to prove it. I had the payments on auto-pay through zelle. It's a fairly small amount monthly.
He told me he sold what I had in there(which was absolutely priceless to me and worth over 50 grand to someone who wouldn't have... View More
answered on Apr 10, 2024
Any civil litigation attorney should be able to handle a lawsuit asserting a cause of action for conversion of your personal property and breach of oral contract (provided the breach occurred less than 2 years ago). The text messages, so long as they confirm the material details of the agreement,... View More
I hired an unlicensed "contractor" on the recommendation of family members to do a bath and kitchen remodel. After paying him more than $10,000, I fired him because of the poor quality of the work he did on the bathroom remodel and the kitchen planning. The bathroom has to be completely... View More
answered on Jan 29, 2024
In addition to what Mr. Arrasmith said, there are specific statutes in CA that provide remedies and civil penalties for those who have hired unlicensed contractors. These state that you are permitted to recover all money you paid to the unlicensed contractor regardless of whether you knew they... View More
I live outside the US, I want to sue a Tennessee based corporation. Tennessee federal court doesn't offer online appearance. Can I sue them in Federal court of California?
answered on Jan 26, 2024
It will depend on many factors. First, did this corporation conduct business in CA? Were you in CA when an agreement was entered into or breached here? What does that agreement say re choice of jurisdiction. If you wish to sue a TN corporation in CA federal court, you will likely need to show... View More
We accidently propounded over the 35 request limit but the defendant has not answered any requests OR posted any objections after the due date, since they waived all rights on the discovery and have failed to produce responses can we just waive the set and re propound?
answered on Dec 8, 2023
If the due date for a response to the discovery has passed, you are entitled to file a motion to compel responses (but only up to the 35 question limit) and seek monetary sanctions for failure to respond. If the deadline for responses has not yet passed, then yes you can withdraw discovery... View More
I got sued after a minor head to tail car accident. The plaintiff was fine at the time of the accident and is now claiming they got injured due to the accident. My insurance company refused to settle for the amount the plaintiff claimed and so the plaintiff sued for a much higher amount (over my... View More
answered on Nov 16, 2023
Most cases do not get to trial, but occasionally one does go to trial where the parties are unable to reach a settlement. Your insurance should still defend you in the case and can only offer a settlement up to the policy limit. If plaintiff does not agree to take the policy limits (assuming the... View More
Over the past two years, a business located just behind my house illegally paved a parking lot without proper drainage, leading to severe flooding of my property during heavy rains. This flooding caused extensive damage, including contamination of my drinking well, necessitating costly repairs and... View More
answered on May 16, 2025
Contact an experienced civil litigation lawyer as soon as possible, as there are deadlines by which you must file your claims in court, and you mention the damage began 2 years ago.
I was involved in an auto accident on April 23, 2025, where another driver, who was on the job, swerved into my lane causing me to veer into his lane to avoid a head-on collision. He then swerved back and hit the gravel, fish-tailing and colliding with the driver's side of my car, totaling my... View More
answered on May 16, 2025
Seek a consultation with an experienced personal injury attorney in CA right away. Do not speak with the other driver's insurance company until you speak with an attorney. Keep all your medical bills and communications with them and the other driver's insurance company.
I just received a subpoena via mail from the court, but I have no idea about the case or my involvement. The subpoena does not specify any documents to produce or actions to take, and this is the first I'm hearing about it. I am required to respond by May 14, 2025. What should I do next?
answered on May 5, 2025
Contact an experienced civil litigation attorney right away to evaluate your response options.
I had a verbal agreement with an individual to sell over $150,000 in A/C refrigerant, with him receiving a commission for finding a buyer. I consigned over 2000 lbs of Freon, 60 cylinders, and a hydraulic lift with him. Two weeks later, he claimed the EPA detained him and seized everything,... View More
answered on May 5, 2025
Contact an experience civil litigation attorney to discuss the grounds for filing a potential civil lawsuit against the fraudster for breach of oral contract, potentially fraud/misrepresentation, civil theft/embezzlement and any other claims based on the specific facts of your agreement and... View More
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