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 
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
Is this an unfair business practice and how can I get my money back?
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... View More
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... View More
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... View More
I'm filing for claim and delivery or replevin in California in order to get my dog back from the vet who did not notify animal control and then gave him away. If claim and delivery is a prejudgement remedy, why would I need a case conference?
answered on Nov 30, 2023
Case management conferences are assigned by most courts upon the filing of most civil suits. Even though your requested relief is a prejudgment remedy, the court's case management system may automatically assign a CMC date.
Agreement says,
Client acknowledges and understands that the fee the Attorneys charge for their services is not set by law but is freely negotiable between Client andAttorneys. Bearing such advice in mind, Client agrees to pay Attorneys a contingency fee at the following contingency rates:... View More
answered on Oct 16, 2023
Of course. You may always negotiate the amount of the contingency fee with your lawyers. They may not wish to re-negotiate the fee amount, however, and you may be left with the choice of discharging them if they do not meet your requested amount.
What will happen to the 2 causes of actions that are heard at state level, will they be heard at federal court as well?
answered on Oct 9, 2023
Yes, if you have both state and federal causes of action, they must be filed and heard in federal court. The federal court will apply state law to the state causes of action.
The LLC I will be a part of soon has 5 total partners. I’m a very minority partner and have no real concerns about anything but want to be diligent and have an attorney read through the contract for me.
answered on Aug 29, 2023
Sounds like all you need is an attorney proficient at contract language review who understands the import and effect of and can interpret/explain the various contract clauses to you in plain language.
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.
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
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.
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
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.
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
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.
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
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.
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
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
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
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
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?
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.
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
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.
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.
answered on Dec 19, 2022
Yes, you need to ensure your testimony under oath is 100% accurate. Make the correction.
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?
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... View More
answered on Nov 17, 2022
No, the person who moved the backhoe actually caused the damage, not the contractor who wasn't there.
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... View More
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... View More
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