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Questions Answered by James R. Dickinson
2 Answers | Asked in Intellectual Property and Copyright for California on
Q: Can a foreign firm sue for copyright infringement on Youtube platform in California?

Currently we are having an infringer who upload our content without approval. We have copyright claim them and they counter it. Now youtube request us to have proof of legal action against them. I was wondering if we can sue them under 17 U.S.C. § 501 Copyright Infringement if in California state... View More

James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

Yes, a foreign firm can sue for copyright infringement on the YouTube platform in California. California has a large number of tech and entertainment companies, including YouTube, which makes it a common jurisdiction for copyright infringement lawsuits related to online content. [I litigate cases.... View More

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3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: What can I do to drop a d.v case. I purposely lied to cops that my boyfriend at that time hit me. When in reality he d

Didnt hit me i was just furious because he ended our relationship. I just wanted to get back at him for ending our relationship.

James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

These are difficult situations. Many victims of domestic violence recant, sometimes because they did in fact lie to the police and other times because they want to maintain the relationship with the abuser or for other reasons that are not in the victim's best interests. You should not share... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: Can a case law be used in another state, such as in California? If the state law from Mississippi Supreme Court?

The case law I refer to is "Teche Lines, Inc. v. Danforth, 195 Miss. 226, 12 So.2d 784 (1943)."

Would it be allowed to use in California for an incident? (May you correct me if i am wrong)

Example:

Charge: “Vehicle Obstruction”

HELD: The right of a... View More

James R. Dickinson
James R. Dickinson
answered on May 11, 2023

Mississippi case law cannot be cited in a California case as authority. Where a California case has incorporated the reasoning of the case of another jurisdiction and applied that reasoning to the facts of a California case, which happens occasionally, then that would be different. I would... View More

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2 Answers | Asked in Criminal Law for California on
Q: I rented a U-Haul.I extended my rental.They reported truck stolen.I was arrested,given a court date.was found Not Guilty

I contacted U-haul to pay and retrieve my property.They had thrown it in the trash..I had a stamp collection,worth a tremendous amount of money.Do I sue them in a civil case or arbatration? They are responsible for holding my property until I went to court,which they didn't show up.is that... View More

James R. Dickinson
James R. Dickinson
answered on Nov 16, 2022

It sounds like you were on "found not guilty" but "pleaded not guilty." You need to hire an attorney to fight for you. If you cannot afford an attorney, the court will appoint a public defender to represent you. [I litigate cases. Anything posted here must not be construed as... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: My son was injured in my home. Landlord had not repaired the broken doors. What can I do?

Closet doors fallen on my son's head and had to get 7 staples to his wounded head. Can I sue landlord? They have yet to fix closet doors. Incident happened in July and it is now November. Closet door been broken for years

James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

If landlord was aware of the dangerous condition causing injury, you or your son may be entitled to relief against him or her. Also, you may have rights as a tenant regarding repairing and deducting from the rent. You don't want to repair anything however until you've first pursued the... View More

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: My car insurance company asked me to get an attorney because I have a claim against me in a fatal car accident.

My insurance company had already found me 100% liable without the chp report being released

What type of lawyer handles this type of case?

James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

That's odd. As Mr. Anapol has stated, insurance companies generally have a duty to defend. If the insurance company is denying coverage, speak with an attorney handling insurance coverage or bad faith litigation. [I litigate cases. Anything posted here must not be construed as legal advice,... View More

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1 Answer | Asked in Criminal Law for California on
Q: Can an officer search your vehicle if you’re parked in a parking lot with expired tags

If your car breaks down in a gas station parking lot and you have a tow truck on the way but you have expired tags can an officer tell your vehicle even though the car cannot run just because of expired tags and then search your vehicle also can he perform a drug test strictly because you’re... View More

James R. Dickinson
James R. Dickinson
answered on Oct 19, 2022

More information is needed, but the inquiry will be whether there was a basis to search the vehicle. The police will likely say that they impounded the vehicle due to the expired tags and conducted an inventory search. There are at least 4 separate issues to consider- the basis for the stop,... View More

2 Answers | Asked in Estate Planning for California on
Q: I can’t afford lawyer and need estate planin advice?
James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

Go to a local legal aid clinic. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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2 Answers | Asked in Estate Planning and Probate for California on
Q: If a will hasn’t gone through probate ad the house was sold month ago when do beneficiary get their share
James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

Beneficiaries may need to wait until the probate process is completed before they can receive their share of the proceeds from the sale of the house. You should speak with local counsel regarding your rights. [I litigate cases. Anything posted here must not be construed as legal advice, nor as... View More

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3 Answers | Asked in Divorce and Family Law for California on
Q: Getting divorced. Ex's atty has requested any Trust docs to which I'm a beneficiary, is this legal?
James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

Such information can be relevant to divorce proceedings. You need to have an attorney represent you. Speak with one in your area today. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an... View More

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2 Answers | Asked in Education Law for California on
Q: Does the California Board of Nurses curriculum requirements supersede the brown act laws?

Where would one find reference to this information?

The brown act and or 10+1 say that you cannot make a student retake a class they have taken. If two separate classes run concurrently, and one is passed and one is failed. The Board of nurses say that both have to be paid for and repeated.

James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

Licensing agencies have their respective requirements that must be met. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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2 Answers | Asked in Business Law, Contracts and Consumer Law for California on
Q: Can a company force you into a contract you have not signed in California?

I purchased a car from car max, i was approved for a joint loan. Then later it was retracted and they said i had to do a re-buy re-purchase. I did that and was approved for a second loan solo. a document was missed in signing. and submitted as soon as I received it twice. Months later i never got... View More

James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

I'm unclear as to whether you have an agreement with them or not. Don't share more here but speak with a local attorney during a confidential consultation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... View More

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2 Answers | Asked in Civil Rights, Family Law and Personal Injury for California on
Q: Section 1983. Deprivation of civil rights. Sue the police, judges/court and others individually or just sue The State?

Regarding a family case. Falsified police reports, opposing attorney deprives me of response and he claims all kinds of nonesense like asking me political questions, asking me about my citizenship, I have never refused mediation but they claim its inappropriate or I refused or Mediator can't... View More

James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

The exception to sovereign immunity is where a carve-out has been made certain types of suits. More information is needed to address your question. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an... View More

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4 Answers | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Gov & Administrative Law for California on
Q: what can i do if fed ex keep parking in the disabled spot to unload and i have multiple pictures of proof on multiple oc

i have multiple pictures of proof on multiple occasions and keep getting more .. multiple locations at that .i am disabled and do use that spot

James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

I agree with my colleague that a call to the property owner would be appropriate. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Am I responsible to pay for legal services received two years ago, but only billed to me now?

I received a surprise billing statement informing me I owed $1,434 from two years ago. The pandemic and being short staffed was blamed for their neglect in not billing me in the appropriate amount of time. There r no late fees. I have until next month to pay before that is threatened. Do I have to... View More

James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

Agreements are subject to a statute of limitations, which sets a time limit for the collection of debts. Breach of a written contract: Four years from the date the contract was broken. Breach of an oral contract: Two years from the date the contract was broken. Personally, if I owe something... View More

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2 Answers | Asked in Personal Injury for California on
Q: " Cliant not Attorney is Liable for such costs" What does this mean?

I am seeking help for a trip and fall. It is based on CONTINGENT FEE AGREEMENT

The contract says : If the case is lost, the law provides that a defendant who prevails may seek a judgement against client for said defendants cost of defense. Cliant not Attorney is Liable for such costs.... View More

James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

It would depend on the language employed. Ask for clarification and resolve the question prior to signing anything. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal... View More

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2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Libel & Slander for California on
Q: Is there anything i can do about someone spreading false information about me?

My son is being falsely accused of a crime which we are fighting for his freedom. My sister who is the mother of the alleged 'victim', has-before, during, & after been spreading false information about my husband & i trying to ruin our reputation. She is also accusing us of doing... View More

James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

In cases like this, it may be helpful to seek the advice of a lawyer who specializes in defamation and slander laws. They can help you understand your rights and options for protecting your reputation and addressing the false accusations being made against you. [I litigate cases. Anything posted... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I was in the ICU recovering from a blood clot and the doctor changed my medication and I had a drug interaction.

It caused a hematoma. I suffered severely and had to be hospitalized longer as a result. Can this be considered malpractice?

James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

You may have a case, as it involves a doctor purportedly changing your medication causing in a drug interaction that caused harm to you. More information is needed. Speak with a local attorney handling such cases. [I litigate cases. Anything posted here must not be construed as legal advice, nor as... View More

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2 Answers | Asked in Civil Litigation for California on
Q: I am one of three plaintiffs on a $510,000 summary judgement. How do I separate myself from the other two so i can sell
James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

What would you be selling? Don't answer here. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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2 Answers | Asked in Personal Injury, Small Claims and Medical Malpractice for California on
Q: Can I sue a plastic surgeon who took my money and didn’t fix my problem in California?

I had a surgery done for my nose, I wanted Smaller, Straight nose and able to breath which after the surgery nothing changed and it looked even worst! The doctor is now saying if they do a revision for $2500 but he’s not sure if he can make my nose smaller or straight or fix the breath problem... View More

James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

You could have a case for breach of contract or malpractice, but more information is needed to evaluate your potential claim. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... View More

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