I do freelance legal billing for attorneys and law firms. Currently, a potential client (law firm) wants to remove the Choice of Law and Choice of Forum clauses in my agreement. They are located in Nevada, while I'm located in California (location where the clauses are applied). What... View More 
answered on Mar 26, 2024
If you omit those two clauses, then you are potentially opening up the chance to be compelled to Nevada if there is any litigation regarding the contact itself or work you are contracting for. Also, if you want to start litigation in California for the same, the other party could attempt to compel... View More
In California Superior Court. Defendant responded to Plaintiff's Complaint with Demurrer and Motion to Strike,
requesting the Court not to allow plaintiff to amend complaint. Hearing on demurrer/motion to strike is scheduled.
In such situation:
What is deadline for... View More
answered on Jan 3, 2024
A party may amend its pleading once without leave of court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date... View More
I was at a stop sign waiting to merge onto a main road at night. It's dark outside and I look left and right to see for oncoming traffic. Its clear so I make a left turn , then I immediately get hit from the driver side. There was a black car driving with its lights off on the through traffic... View More
answered on Dec 14, 2023
Did the police show up? Was a police report prepared? Do you have any evidence that the drivers lights were in fact not on? Obviously, the other driver is going to argue their lights were on, you will say they were off, so it becomes a he said/she said situation, unless you have evidence. Depending... View More
so the attourney was payed 27 thous i got 9 thous the rest was supose to pay my doctors bills wich still hav ent been payed,a collection office for one of my doctor bills have called mde.i called my other doctors and they two havent been payed so ev erything is goin g to end up in collections can i... View More
answered on Dec 14, 2023
The short answer is, yes you can sue the attorney if you want, but that does not mean you have proper grounds to do so. You can really sue anyone for anything, but winning a case is an entirely different thing.
You need to review your fee agreement that you signed with the attorney. Your... View More
The defendant's lawyer sent this :Per court local rules, we are required to attempt to confer with you prior to making certain filings.
She wants to talk on the phone. I do not wish to talk on phone. Partly because my spoken english isn't good and partly because I don't... View More
answered on Dec 13, 2023
Unfortunately, there are some code sections, and local rules, that require either in person or telephone meetings before things can be filed with the Court (motions, demurrers, motions to strike, discovery motions, etc.). You can obvioulsy refuse to speak over the phone, but it will not bode well... View More
I've just been given the run around about my refund ($1244.67) for an iphone 13 pro max, which was sent back within 2 months from purchase. I did buy the renewed premium, so that extend the return date to 365 days from purchase. I have and sent to Amazon's customer service the proof... View More
answered on Jun 30, 2023
You could initiate a small claims case, but you will need to pay the filing fee (typically around $150), and then serve Amazon with a copy of the Complaint. They probably have a registered agent for service of process you can find on the California Secretary of State website. Once you do that, the... View More
I contracted a company to build my pool , las July. I paid them up front. They were very proactive in getting the work done in the first 5 months, 6 months have passed and they haven't done anything on my backyard, and have not met any of their deadlines. I feel like they have abandoned my... View More
answered on Jun 29, 2023
It is against the law for a contractor to collect payment for work not yet completed, or for materials not yet delivered. Please see B&P Code 7159(d)(9). If they had you pay for all the work upfront, then that is illegal and their contractor license could be in jeopardy. Depending on the terms... View More
I own an ebike rental company in lake tahoe. My competition claims “voted #1 ebike rentals in lake tahoe”. There has never been any type of vote. We have more reviews than them and a higher rating across all platforms. To me it is clear false advertising but i am curious if an attorney... View More
answered on Jun 6, 2023
I'm not a marketing and false advertising attorney by any means, but my first impression would be that it is pure puffery and a legal statement. There may have been a vote and you just have no idea about it. For example, maybe they asked 5 local businesses who the best e-bike company is in... View More
by the tree on their side of the fence. It pulled up the cement and tilted one of the posts. I have photos of the damage and the tree. I had lined up someone to come give an estimate. I have email exchanges. The last we left it, she was going to coordinate the cement work with when I had the... View More
answered on May 19, 2023
You should refer to California Civil Code Section 841 which addresses homeowner's responsibilities and rights when it comes to fence repair with adjoining neighbors. You could just tell them to pound sand, but that wouldn't be very neighborly. I would suggest explaining what you said... View More
My neighbor hired a tree trimmer to cut down a tree in their yard. Tree trimmers walked around to our side gate, opened our gate, entered our yard, cut down one of our palm trees 20 feet away from the fence line, inside of our yard, left the tree laying in our backyard, broke a sprinkler when it... View More
answered on May 16, 2023
I would suggest first getting the name of the contractor from your neighbor if you do not already have it. You can either reach out to the contractor directly or hire an attorney to do so on your behalf. Most of the time you will get more traction if an attorney is sending a demand letter on your... View More
I was walking on 103rd (La county) and fell into a 1 foot deep pothole on the sidewalk, thus tripping and breaking my 3 front teeth. I was unaware of the hole and wasn’t able to see it during the night. I have the medical cost to fix and witnesses. This problem had already been reported to the... View More
answered on Apr 12, 2023
You potentially do have a case. I am not sure what city or county "103rd" street is located in; however, the street is likely owned and maintained by a public entity in which case you will need to figure out who the correct entity is and serve it with a Government Tort Claim notice within... View More
insurance company
property attorney
please explain
answered on Apr 3, 2023
The injured party should only speak with his/her attorney, assuming the injured party has retained an attorney to represent him/her. if the injured party has an attorney, then the attorney will communicate with the liable party or his/her insurance company.
If the injured party does not... View More
I've reached out to other lawyer's but haven't got someone to take on my case. Is it feasible for me to take Kaiser to small claims court to get the maximum allowed at least?
answered on Mar 10, 2023
If other lawyers you have spoken to are not interested in taking your case, maybe the problem is you do not have a good case. You should continue to reach out to medical malpractice plaintiff attorneys to see if they would be interested; however, if they are all turning down your case, they... View More
If you buy a construction company in California do you get their license and does the owner that holds the license need to stay on board? If the license holder, quits, is fired or for any other reason leaves the company would the license stay with the new owner?
Thank you!
answered on Mar 9, 2023
A company cannot get a contractor's license, at least to my knowledge. An individual can obtain a contractor's license, then setup a company (sole proprietorship, LLC, corporation, etc.) and then that company can contract under that individuals license. Thus, if you were to buy a... View More
The RMO tried to get a settlement with the customer many times, but he refused, and now CSLB has started its investigation.
1. How does it Affect me?
2. will it show on CSLB on my license?
3. What are your recommendations?
Thank you!
answered on Feb 16, 2023
I believe the CSLB will perform an investigation; however, if there are no violations found, they likely will take no action. If there are violations found, the CSLB could suspend your license, revoke the license, make you pay a fine/penalty, public letter of reprimand, etc. I do not believe the... View More
I took a leave of absence from work in December of last year (2022) due to a medical issue and I informed my employer I would not return to work due to that issue this year on February (2023). My company renews all vacation time and sick time on January of every year. Although I did not work a day... View More
answered on Feb 15, 2023
It depends. Some business provide for sick time and vacation time on an accrual basis. Meaning, you accrue maybe an hour or two per pay period. If you have not worked in January or February, you might not have accrued any vacation or sick time for this year. Alternatively, you may have only accrued... View More
I don't know how to serve the defendants as I don't know their addresses, so can I serve the lawyer who I know are defending them in a related criminal action? Would that be constructive notice?
NOTICE: I DO NOT HAVE THE ADDRESSES AND CANNOT SEND ANYONE TO SERVE THEM. THIS IS WHY I'M ASKING.
answered on Feb 15, 2023
I would suggest reaching out to the defendants attorney in the criminal action to see if they are representing them in your civil matter. Just because the attorneys represent the defendants for a criminal matter, does not necessarily mean they represent them for everything, including accepting... View More
I confirmed with sharp that he received both MMR immunization shots from SHARP but they only reported one of the shots to the CA IMMUNIZATION REGISTRY. Kaiser pulled the CAIR registry and recommended a second MMR shot which he received but it was actually his third shot and was not needed. Because... View More
answered on Feb 13, 2023
If your son received an extra shot he did not need, was he harmed or injured? What you suggest in your question is that "this could cause medical complication for him in the future." What evidence do you have to suggest he "could" have problems in the future? Future injuries are... View More
itself states that any changes with out a reason explaining for that change will be invalid and the customer will not be held responsible for that change . what can I do if they won't remove that increase from the amount they say I owe.
answered on Feb 13, 2023
I am a little unclear as to what you mean by the solar contract has a $10K price increase. I assume you signed a contract with the solar company before any solar panels and equipment were installed. Are you saying that the contract did not have this $10K price increase when you signed it? Or are... View More
The other driver was at fault. He ran, and she followed into wal mart. Police arrived, has them exchange info. We found out that our ins lapsed 14 days ago. Are we liable? Do we still file a claim with their ins? How do we prove who is legally at fault? (Just a side note, Her 8 year old was in the... View More
answered on Feb 13, 2023
Did the police prepare a report? If so, I would get a copy of the police report and see who the police found at fault. If not and you think the other driver was at fault, you should contact their insurance company to see if they will cover the damages. If they will not, and you feel the other... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
