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Questions Answered by Dan Rowan Cortright
1 Answer | Asked in Personal Injury and Animal / Dog Law for California on
Q: An SDGE tree contract worker came onto my property, hit my dog and left without notifying me. Is there anything i can do

Pet was visibly ran over by a car.

I have a few acers, and my dogs are usually out and about on my property.

An SDGE contractor came to our home to inspect and clear around any electric poles.

I could hear as they sped off but didn't think anything of it. I have... Read more »

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

You should be able to make a claim with SDGE for personal property damage for your dog, and the driver and/or the company may also be liable for animal cruelty. If SDGE denies your claim, you may be able to sue for civil damages.

2 Answers | Asked in Personal Injury for California on
Q: Will someone please take my case I have all the emails and text messages as proof

i had applied for a program to help domestic violence victims get dental work done that were caused by thier abuser, i was accepted, i went to the dentest for a Consultation and a few weeks later i receved a call saying the were going to do a full mouth restore, i agreed and they started the work... Read more »

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

You may have a claim for dental malpractice, and should contact a malpractice lawyer right away.

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2 Answers | Asked in Car Accidents for California on
Q: I rear ended a car. No one was injured. What now
Dan Rowan Cortright
Dan Rowan Cortright
answered on May 16, 2022

Presumably you and the other driver exchanged insurance information. The other driver should make a claim with your insurance company for any damages they or their car suffered in the accident. You will likely need to provide a statement of what happened to your insurance company (they'll... Read more »

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1 Answer | Asked in Business Law for California on
Q: What to do if I have a business with my ex and they are destroying the business and doing Illegal things in the compan

Embezzlement, stopping me from doing my job and preventing me from access

Dan Rowan Cortright
Dan Rowan Cortright
answered on May 11, 2022

Contact one of the lawyers on this site for a consultation. There are legal ways you can protect your business assets and sue for wrongful actions being taken against you/your company.

3 Answers | Asked in Business Law, Contracts and Tax Law for California on
Q: If I am helping a friend lease a business space for HIS business, do I need to report anything to the IRS on my end?

My friend is starting up a business, he’s doing good and now needs a shop to work. He does not have the credit to lease a place. He asked me to help him lease in exchange for 10% of earnings. What would I have to report to the IRS or does his total earnings affect me in any way? I am aware I’m... Read more »

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

I'm not a tax attorney, and you may need to consult one or a CPA for details, but my understanding is that the IRS only cares about your income received, so you need to report to them your income from that source.

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1 Answer | Asked in Civil Litigation for California on
Q: I was served summons on civil suit but plaintiff has amended complaint

I have not been served the amended complaint so do I respond to original complaint or amended complaint which I downloaded from court website?

Do I get more time to respond?

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

You have 30 days (if served by hand) to respond to the complaint. If an amended complaint was filed, you have 30 days from the date of service of that document. But if no amended complaint was served on you yet, you can always call/email the attorney for plaintiff and ask for service of the... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: If the plaintiff in a case decides to use an attorney, are they legally required to inform the court?

The plaintiff in my case has been ProPer since filing. At the deposition he brought an attorney who was directing the questioning. There is no attorney on record. Had I known the plaintiff had a lawyer I would have hired one for the deposition.

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

Yes, once a party representing themself hires an attorney, their attorney must file a Substitution of Attorney with the court and send that to all parties in the case. This party may have been sneaky and filed the Substitution with the court right before the deposition and claimed that it had not... Read more »

3 Answers | Asked in Personal Injury for California on
Q: Can my injury attorney deny a needed surgery after they filed a lawsuit?

I was in a semi accident two years ago. I tore my tfcc in my left wrist and disks in my neck are out of place. I had surgery to correct my tfcc tear in April of last year but now I’m having worse pain in my wrist. I’ve had steroid injections in that area so I’m not sure if they were just... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 28, 2022

You always have the right to fire your attorney if you are dissatisfied with their services. Also, it's completely your choice whether to have the additional surgery or not. Your attorney cannot deny you the right to get that treatment for your injury.

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1 Answer | Asked in Criminal Law and Civil Litigation for California on
Q: Can a person that is part of a class action lawsuit against me also collect on a judgement for the same case?
Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 27, 2022

Only if that person has opted out of the class can they collect a separate judgment against you for the same claim. If their claim is different, they may be entitled to a judgment for those other claims.

4 Answers | Asked in Criminal Law, Personal Injury, Health Care Law and Medical Malpractice for California on
Q: if somebody was admitted to a hospital and woke up being sexually assaulted. what are some legal steps to take?

Somebody (obviously won't name) was in the hospital who was on a few different medications and out of it for awhile, woke up to a male nurse sexually assaulting her. The victim told a different nurse and the director came and took a statement from her. And that was it. The victim then wanted... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 27, 2022

This is an absolutely awful experience to have suffered. I have experience with this type of case and empathize with the victim. I agree that preserving any evidence of the assault is critical. Memorialize any statements said to the victim by hospital staff, the nurse, director, as well as wow... Read more »

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2 Answers | Asked in Personal Injury, Products Liability, Medical Malpractice and Wrongful Death for California on
Q: Paralyzed by lumbar fusion surgery,aorta cut,renal artery severed,metal cage on iliac artery can kill me any moment hel

DAMAGES TO PATIENT 

1.The surgeon was not prepared for her anatomy and could not individualize approach

2.Patient did not know and was not given informed consent to the procedure or the risk she would incur. ... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 25, 2022

There is a 1-year statute of limitations on medical malpractice actions, so you will need to be sure to contact an attorney who specializes in this area quickly because lawsuits must be filed within one year of the patient discovering the injury or within three years of the date that injury... Read more »

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2 Answers | Asked in Car Accidents for California on
Q: I was rear ended by a motorcycle who is 100% at fault per his insurance. His Injury Lawyer wants EDR data.

Myself and my insurance company got a certified letter from the personal injury lawyer requesting this data. I contacted my insurance company and i told them I was ok with the data download if plaintiff lawyer arranged and paid for it.

Is there any reason why i might not want to give up... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 22, 2022

The motorcycle is at fault for not leaving enough room to stop in time given the conditions present on the roadway. Whether you are at fault for rear-ending the car in front of you is less clear, since you are also responsible for leaving adequate room to stop, but if the car in front of you... Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: officer towed my classic 83 silverado and says it was destroyed 6 days ago.help

i live on a private rd. officer has came on to my property removed car covers searched my cars with no warrant seized cars no warning or info on whearabout. shes towed cars with registration. from my property nver giving a warning just drives up and takes.most recently on april 5,2022 i woke up to... Read more »

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

It sounds like you need to hire an attorney to help recover your vehicles. If the vehicles were truly on private property and were owned by you, the police should have no reason to inspect or tow your vehicles (absent there being some safety issue being caused by them).

1 Answer | Asked in Business Law for California on
Q: I lost 100 % of my biz by my partner who forged my name what can I do
Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 18, 2022

Do you have a partnership/LLC agreement signed by both parties setting forth that you were partners in the business? If so, your remedies should be criminal prosecution for forgery as well as a civil suit to recover what was stolen (converted) from you (e.g. your business assets/profits).

1 Answer | Asked in Car Accidents for California on
Q: I got a certified letter from a lawyer asking me for EDR data from my car

The lawyer represents two motorcycles who rear ended me and are 100% at fault according to their insurance companies...they already paid to have my car fixed. My insurance company was copied on the letter. Is there anything i need to do now that i've been made aware they want this data? I have... Read more »

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

I would talk to your insurance company and let them know what's going on. Perhaps they will assign an attorney to represent you in response to the motorcyclists' attorney, or perhaps they will speak directly with their attorney.

1 Answer | Asked in Civil Litigation and Contracts for California on
Q: I had a septic tank Business company that I’ve used for over 35 years to pump out my

Two Septic tank I payed them 410.00 they only pump out one tank they could not find the other tank so they commenced To probe the ground with a metal rod this caused 2 foot wide by 30 feet deep hole in my yard They covered the hole with a sheet of plywood and put caution tape around the hole and... Read more »

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

You should certainly demand that they return to fill in the hazardous condition they left on your property. If they refuse, you should get a quote from another contractor to fill in the hole so you have an amount to demand the septic company pay you (presumably in small claims court) if they... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: How does buying someone out of a house work?

My fiancé and I own a house together. We are splitting up. He wants to buy me out and said he would pay me for each month we’ve lived there. So I’ve paid $650 for 28 months so it comes out to $18,200. Is this the correct way to buy someone out? I’ve been researching and feel it should be a... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 13, 2022

Yes, if you own the house jointly and it has increased in equity since buying it, you should ask for your 30% of the equity in the home. He may be offering to pay you for the months you've lived there to try and avoid having to give you your fair equity in the home. Of course, if the equity... Read more »

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law, Banking and Civil Litigation for California on
Q: Mt son received unemployment benefits that were deposited to a debit card serviced by Bank of America.

Last October my son discovered that over 16,000 dollars were missing from his account. He promptly reported the missing funds to BofA and filed a police report. Bank of America has repeatedly denied his claim. What can he do to get his money back?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 13, 2022

File a claim with the Federal Deposit Insurance Corporation. His money is insured up to $250,000.

1 Answer | Asked in Business Law and Civil Rights for California on
Q: Is it legal in California for a party to record your phone call without your permission

I received a letter from an attorney stating that my call was recorded in a Tesla And I needed to pay money or they were going to use the recorded calls against me

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 13, 2022

No, California is a two-party consent state, meaning that both parties to a conversation must give consent to have a call recorded. Some people record calls without the consent of both parties, and the result is that the call may not be used in evidence against the non-consenting party in a legal... Read more »

3 Answers | Asked in Personal Injury, Civil Rights and Landlord - Tenant for California on
Q: So I plan on filling amotion too seal my records all the derogatory insane insults so it won't come back to me in my fu
Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 13, 2022

I don't see a question here. Please provide more information, and specify what is your question.

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