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Questions Answered by Dan Rowan Cortright
3 Answers | Asked in Criminal Law, Civil Litigation, Elder Law and Probate for California on
Q: Do you have to respond to requests for admission when no facts are provided only allegations?
Dan Rowan Cortright
Dan Rowan Cortright
answered on Aug 17, 2023

Yes, if you don't answer the requests for admission, the fact alleged is deemed admitted and can be used as evidence at trial.

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2 Answers | Asked in Civil Litigation for California on
Q: HI. I need to sue a person and the company the person works for, civil malpractice for breach of contract/investment fr

aud. The particular person lives in a different state but the company has an office in my state. I plan to file against both of them in the complaint. Can I file in my state, or do I have to file under the other states process?

Regards

Dan Rowan Cortright
Dan Rowan Cortright
answered on Aug 10, 2023

If you are going to sue both an individual in another state and a company in CA, you will need to file in the federal district court where the company's office is. In order to sue in CA state court, all parties must be "citizens" of CA.

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1 Answer | Asked in Civil Litigation for California on
Q: Riverside Cty Civil granted Leave Amend 1st Complaint to change from Trust to indiv plaintiff do I need a form or plead?

I'm looking for an attorney as I need assistance with court rules, local rules in Riverside I have done a lot of work already & Judge gave me a Leave to Amend My Complaint

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 31, 2023

Attorneys on here are not permitted to ask you to contact them, so since you're looking for an attorney I recommend you select an attorney and contact them directly to handle your litigation matter.

1 Answer | Asked in Civil Litigation for California on
Q: I had an incident where something was thrown away by a yard house employee at Murrieta California. I called corporate

Which is Darden and I told them about it. They agreed to reimburse me after I gave them the cost of reimbursement from my dentist. Months past and didn’t see a check yet. After calling them 100 times they finally answered and said they thought they sent the check out and that they were sry and... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 28, 2023

For basic property damage claims, you have 3 years from the date of the damage (i.e. when they threw the retainers away) to sue. For the shifting of your teeth, that would constitute a personal injury claim (although it may be tenuously connected to your property damage claim), and for PI claims... View More

2 Answers | Asked in Copyright, Business Law and Intellectual Property for California on
Q: Can a company use the design I sent them without permission after deciding to not work with me?

About 2 years ago I reached out to a beverage company about my interest in working with them to redesign their package. The company is owned by a major parent beverage company. I sent them some concept ideas I had for them to show them the kind of work I do. The company responded and said due to... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 27, 2023

It really depends on how you presented the sample concept idea to them. If you told them it was just a possible design, but that you reserved all copyright and other legal rights to the design, then they used it, they have violated your copyright. But if you gave it to them freely without any... View More

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3 Answers | Asked in Contracts, Business Law and Construction Law for California on
Q: How do I protect myself legally as a GC from seeming like I abandoned the project?

As a General Contractor in North Highlands, California, I'm dealing with a client who demands work beyond our contract's scope, with expectations exceeding standard industry practices. Despite nearing completion, they refuse to sign change orders for the additional work. Concurrently,... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 27, 2023

A mechanic's lien is very powerful for a contractor in your situation. It will force the owner to either pay you what's currently owed, or you can enforce your lien against their property in court, and recover the court costs to do so and interest on the amount you are owed. I suggest... View More

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2 Answers | Asked in Civil Litigation, Criminal Law, Landlord - Tenant and Sexual Harassment for California on
Q: Will a Civil Court admit a secret audio recording (recorded for purpose of collecting criminal acts) as for evidence?

If a person believes that some criminal actions had been going on against him such as unlawful defamation with false claims, violent criminal assault in making extreme noises to disturb peace and in obstructing his path through a hallway (the violent manner and actions could be deemed as false... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 22, 2023

The key to Penal Code section 632, which prohibits the introduction into evidence and makes it a crime to record another person without consent, is that the communication recorded must be a "confidential communication" as defined in that statute. So if you are recording the other person... View More

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3 Answers | Asked in Civil Rights, Civil Litigation, Landlord - Tenant and Sexual Harassment for California on
Q: If a plaintiff file a civil case without an attorney, can he add one to the lawsuit later? Can the pleading be amended?

I could not find an attorney to represent me to sue the landlord who breached the contract (Covenant of Quiet Enjoyment) for landlord's harassments, retaliations and racial discriminations against us... For the sake of the Statute of Limitations, I need to rush in submitting the pleading in... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 22, 2023

Yes, you can file the lawsuit as a "pro per" plaintiff (representing yourself). An attorney can then be retained to represent you, and you will then file a Substitution of Attorney form indicating the new attorney's name/signature. The complaint you file can be amended without... View More

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4 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for California on
Q: Can an insurance company refuse to pay medical bills, because doctor doesn’t have business license?

My sister was in an accident, the other driver was at fault. Now his insurance company refuses to pay her chiropractor's bills because her doctor doesn't have a business license. He has a medical license and the chiropractic center he works at, they have a business license. But he... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on May 30, 2023

I've never heard of an auto insurance company denying policy payments for that reason. I would call the CA Dept of Insurance (or file a complaint with them) to discuss the issue.

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2 Answers | Asked in Business Law, Probate, Criminal Law and Estate Planning for California on
Q: Hello and thank you for the previous answer about the Campbell Lodging. It hasnt been disolved. My uncle lied

My uncle still owns the Campbell Lodging INC. He just lied about its disolution. My siblings and i believe that the money distributed was actually my dads life insurance and none of what we should have gotten. My grandparents had ammassed nearly a billion by the time they passed away. My... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 17, 2023

I can't recommend a specific attorney on this site, but you need an attorney experienced in probate and/or trust litigation.

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2 Answers | Asked in Estate Planning, Business Law and Criminal Law for California on
Q: My grandparents began, grew and amassed a nearly 1 billion dollar hospitality business they called Campbell Lodging INC

When my father died in in 2014 my Uncle Alan Campbell was the trustee for us, he explained i owned 16.75 % of Campbell Lodging INC. Not only tat there were gold bars my father had in his home that never made it to us. He had me arrested for driving my dads car( aka ) my car. It was dismissed and i... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 17, 2023

You may have legal grounds to pursue a lawsuit to recover your 16.75% interest in the company if the trust documents truly provided you with that ownership share and the company was dissolved without distribution to you of your share. Contact a probate/trust litigation attorney right away to... View More

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5 Answers | Asked in Personal Injury, Criminal Law and Landlord - Tenant for California on
Q: Can the owner of property/business be liable for inadequate security if victim was shot on premises?
Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 12, 2023

The owner of property is only liable for injury resulting from a dangerous condition on their property of which they were aware or reasonably should have been aware. So if it can be shown by the victim that the owner was aware of a dangerous condition that posed a significant risk of injury and... View More

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2 Answers | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Doing business with an E-Com company that lost $17,000.00 worth of our inventory.

In November of 2021, my partner and I signed a contract with a firm doing business as Ascend E Com, based in Santa Monica CA. They are a business that manages Amazon stores.

We paid $28,000.00 for the inventory that they had us purchase and sent to their warehouse. They have admitted to... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 7, 2023

You should consult an experienced business law attorney who can pursue your rights by way of a civil lawsuit to recover the lost inventory and set up fee. You may have claims for breach of contract, breach of the covenant of good faith and fair dealing, unfair business practices, as well as other... View More

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: What type of case do I filea gainst jiffylube for damagemy carengine and full price of car

Since i complained to( jiffylube Alamito enterprise) after jiffylube damage my car I been harass and retaliate by jiffylube they hacking my email,file fake police report against me 2 days ago I received an email from jiffylube I open it all my email got deleted. I have pictures and evidence... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 4, 2023

If Jiffy Lube has damaged your car, you can file a lawsuit for the property damage, possibly breach of contract if they gave you a contract for the work they were doing and their actions constitute a violation of those contract terms, as well as for a civil harassment restraining order for the... View More

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2 Answers | Asked in Civil Litigation and Real Estate Law for California on
Q: Is property that my husband deeded to me as sole and separate property in danger if he is sued?

My husband is a contractor and may be sued. Several years ago he deeded me some of his property purchased before our marriage as my sole and separate property. I know our community assets are in danger if he loses but will my separate property also be in danger?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Mar 28, 2023

No, your separate property (if it's truly only in your name on the deed) cannot be reached if a judgment is entered against your husband. Only he can be liable for his actions/negligence, etc.

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6 Answers | Asked in Personal Injury for California on
Q: When I was hit by u/m I was sitting in my car parked not driving I went to hospital went to chiro Had whiplash

MRI for my headache's and neck pain have bulging disk no surgeries no more medical visits I've been told were waiting on medical lien that it would be 30-60 days but it's been over 6 months it's been a struggle since day 1 and still is should I call my insurance co IDK what to... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jan 23, 2023

Contact a personal injury attorney right away. You have a limited time to sue for your injuries, so any delay may prejudice your right to file a lawsuit to recover for your injuries.

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4 Answers | Asked in Contracts and Personal Injury for California on
Q: Do I have any claims against the business even it states in a signed form that it is not liable for the injury?

As I walking on the treadmill, I tried to tell a girl who used it wrongly and dangerously. The girl did not hear me as she put on the headphones. I did not notice the warning light. A few minutes later, I was panicked and stopped the machine which was wrong. I should have slowed down the machine... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jan 23, 2023

I agree with Mr. Gribow. Consult a personal injury attorney who will review the contract you signed with the gym. If their machine was defective they cannot just tell you they're not liable. You usually cannot waive liability for their negligence or for a defective product.

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7 Answers | Asked in Personal Injury and Car Accidents for California on
Q: How can I get this driver's insurance company name? Struck by a vehicle in a crosswalk, driver has insurance per police

Partner and I were both struck by a vehicle, driver refused to give us information until the cops got there, the police arrived while we were both being driven away in the ambulance witnesses state he did have insurance, cops took down all information except for who his insurance company is. We... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jan 18, 2023

I would send a demand letter to the driver's address informing him what your injuries were and that you intend to sue him for personal injury unless he provides his insurance information. That will usually get a driver to cough up the insurance so they don't have to be personally liable... View More

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4 Answers | Asked in Personal Injury for California on
Q: Should I change my deposition if I said I graduated college and I didn’t? I’m a non-party witness in a personal injury

I was just deposed two days ago, I will be able to correct it. I’m just unsure if it’s more trouble than it’s worth.

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

Yes, you need to ensure your testimony under oath is 100% accurate. Make the correction.

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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... View 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... View More

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