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Questions Answered by Dan Rowan Cortright
1 Answer | Asked in Civil Litigation for California on
Q: What should I do now, some one places a guarnishment on my bank account. I never received any court papers or know

anything about the lawsuit. The lawsuit was in New York and I am in California

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 12, 2022

If you never received any notice of the lawsuit that forms the basis for the wage garnishment, there are ways you can challenge the court action (e.g. by making a motion to the court to quash service of any summons). If there was a judgment already entered against you in the NY court that you were... View More

2 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: Can I sue my former tenant and have her sub served at the premises address?

My tenant vacated the premises when her lease expired at the end of May. There was a move out settlement agreement in which the security deposit was returned as courtesy relocation funds, however, I retained the right to provide a statement of damages if there was existing property damage.... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 12, 2022

If you have actual knowledge that she no longer resides at the premises address, then serving her there won't suffice. You need to serve her in a manner that most assures she will receive actual notice of the lawsuit, so you may request an order from the court to serve her by publication,... View More

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2 Answers | Asked in Civil Litigation and Libel & Slander for California on
Q: Does absolute privilege mean it is impossible to sue someone for false statements in court?

Someone sued me and and accused me of doing something dishonest that didn't happen. They should have known better because we both had the same records and receipts from a job I did. I'm an independant contractor in a small community. If this gets out I'm afraid it will make it hard... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 1, 2022

Yes, unfortunately the litigation privilege is nearly absolute (rare exceptions relate to crimes, mostly), so something false said in a court document/complaint is privileged and shields the plaintiff from liability. However, if you win the lawsuit and can show the evidence that what plaintiff... View More

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1 Answer | Asked in Personal Injury for California on
Q: Is there anything I can do, if a comic book store stole my most valuable cards and slso switched out out a lot of cards?
Dan Rowan Cortright
Dan Rowan Cortright
answered on Aug 29, 2022

Yes, if you have proof of what you gave them and instructions to them that indicate they were not to have the valuable cards, then you should be able to 1) demand them back via a legal demand letter, and 2) if they don't comply, sue them for conversion of your personal property.

1 Answer | Asked in Civil Litigation for California on
Q: How do I file a counterclaim?

Do i file a petition called ANSWER AND COUNTERCLAIMS or is just a general denial and asking for relief in the prayer correct? This is civil district court.

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

In order to assert a counterclaim, you need to file a Cross-Complaint at or before the time your Answer is due to their Complaint, if the counterclaims arise from the same set of circumstances/facts as the Complaint. If your claims are separate and unrelated, you can assert them later in a... View More

1 Answer | Asked in Civil Litigation for California on
Q: Can I plead the fifth on written discovery even though I answered most of it?

I am a defendant in a civil case I am in pro per I have a deposition coming up and will plead the fifth, can I plead the fifth on the rest of my written discovery as-well? I have already answered about 80% of the written discovery.

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

It depends on whether the questions to which you want to plead the 5th have already been answered or not. If not, then you can absolutely assert your right not to incriminate yourself pursuant to the 5th Amendment privilege. But if you have already answered any question to which you want to plead... View More

4 Answers | Asked in Personal Injury for California on
Q: If I tripped where I live over a sidewalk that was lifted and broke my nose and more, could I sue?

I also had severe nerve damage and just had surgery. The Apartments know about my nose only through people. What do I do?

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

Yes, if there was a dangerous condition on the apartment complex property, you can sue for your injuries caused by that condition. Contact a personal injury lawyer on Justia. Consultations are typically free.

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3 Answers | Asked in Car Accidents for California on
Q: Hi. Do you provide free legal consultation?

car accident.

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

Yes, most personal injury attorneys on here provide a free initial consultation. Contact me through my profile information.

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4 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Hi. What are the claims I can demand from both insurance companies and how to claim and compute "pain and suffering?"

LAST JUNE 10, 2022, I HAD A CAR ACCIDENT IN FREEWAY 880 IN FREMONT. MY DAUGHTER AND I WERE TRAVELLING FROM HAYWARD TO MILPITAS AND IT HAPPENED AROUND 7:30PM. THE CAR INFRONT OF ME SUDDENLY STOPPED IN THE MIDDLE OF FREEWAY BECAUSE THE CAR INFRONT OF HIM IS ABOUT TO STOP TO BUT EVENTUALLY CHANGED... View More

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

Contact an experience personal injury attorney as soon as you can. You do not have to accept the insurance company's first payment offer, and an attorney can likely help you obtain more in damages.

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3 Answers | Asked in Public Benefits, Personal Injury and Health Care Law for California on
Q: I’m in California I was just wondering if the air filters in public bathrooms contain poo and aren’t changed can u sue?

And if so what are the steps to ?

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

Well, the issue would be whether there is any evidence that the entity responsible for maintaining that bathroom was negligent in maintaining the air filters, or knew of such harmful substance existing in the filters and allowed it to remain there causing actual injury to users of the restroom.

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1 Answer | Asked in Contracts and Business Law for California on
Q: Seller insists that he keeps the deposit after we decided to withdraw with business purchase due to unforeseen issues.

We made an offer to a convenience store.

We started the process with a Escrow company. The purchase includes transferring of current seller’s alcohol license.

In the signed contract, $10,000 was put as a deposit. Escrow company will release full amount once ABC application is set... View More

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

It depends on what the contract says about the deposit.

1 Answer | Asked in Civil Litigation, Constitutional Law, Government Contracts and Military Law for California on
Q: How to serve the Defendant documents in a federal civil case?

Hi, I am the Plaintiff in a federal civil case. I do not have attorney yet. I have 3 simple questions.

1, After I serve the original complaint and summons, can I serve other documents to Defendant MYSELF? I mean, can I sign the Certificate of Service and proof the service myself?... View More

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

1) yes, you can serve documents yourself after the Summons/Complaint are served by a process server (or someone other than yourself)

2) you must serve defendant's counsel with all papers in the case, not the defendant himself

3) service deadlines mean the documents must be...
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3 Answers | Asked in Personal Injury for California on
Q: Accident in Cali…how can I get medical treatment?

I was in a car accident while working. I’m a contracted employee of a company that holds a contract with the school district. The accident was my fault. I suffered a Trumatic brain injury and back neck injuries. I went to my chiropractor through my health insurance and he wouldn’t see me. He... View More

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

Worker's Compensation insurance should cover your medical bills.

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3 Answers | Asked in Car Accidents for California on
Q: I was recently in a car accident and the other driver was at fault.

the insurance adjuster offered me $700 and a $1000 For future medical cost and I told him I was in pain due the the accident and I am in recovery from surgery before the accident and he said I call you next month when you feel better. Is that correct? I didn’t accept the offer.

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

Yes, the insurance company needs to ensure that you have recovered from your current complaints before they can settle your injury claim. They will also need to see your doctor bills/reports regarding possible future treatment you may need in order to finalize your future medical payment claim.... View More

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1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: How do I enforce a small claims judgement for $10,000 on a person refusing to pay?
Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 15, 2022

There are several ways. You can get a writ of attachment issued by the court to place a lien on the debtor's home or other real property asset. You can get a writ of execution and a wage garnishment order to take a percentage/amount from each paycheck from the debtor, or you can ask the... View More

1 Answer | Asked in Personal Injury for California on
Q: I need help finding a New Applicant Certified Specialist Attorney in the Oakland, San Francisco Bay Area Spinal Cord Inj

Seeking Substitute Attorney

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 24, 2022

I'm a Bay Area injury attorney, but it's not clear from your question exactly what you're looking for. Could you provide some more information/details? Thank you.

1 Answer | Asked in Business Law and Contracts for California on
Q: I need a business litigation attorney in Los Angeles.

Defendant defaulted on 1.3 million dollars loan, in addition to owe over 1 million dollars for services provided

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 24, 2022

I am happy to provide a free consultation regarding your legal remedies to collect on your loan and for services. Please contact me today.

1 Answer | Asked in Civil Litigation for California on
Q: How can I find a business litigation attorney on contingency please?

Defendant default on 1.3 million dollars loan, also owe over 1 million dollars in fees and expenses for services received

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

What type of business litigation matter is it?

2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: I was sexually assaulted years ago I've been to a county Vista del Mar mental health unit

Who do I contact about being sexually assaulted and and Vista del Marand Ventura counties psychiatric hospital I was there for suicidal thoughts and I was sexually assaulted and left untreated even worse

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

Contact a personal injury attorney right away. There is a time limit to make your legal claims, and the longer you wait the more likely it will be that you may lose your right to seek legal remedy for this heinous crime.

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1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: Me and my 14 yr been subpoena to testify what are my right as her parent

And what if I'm concerned about my family safety

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

Is this a subpoena to testify at trial or by deposition? Either way as her parent, you are absolutely entitled to be present during her questioning. My suggestion would be to hire an attorney to represent you in the matter, so the attorney can make appropriate objections to questions being asked... View More

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