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2 Answers | Asked in Contracts and Business Law for California on
Q: Removing these 2 clauses from Contract - implications?

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

Adam Stoddard
Adam Stoddard
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

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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Due dates in respect to hearing on demurrer, when motion for leave to file amended complaint is needed. California.

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

Adam Stoddard
Adam Stoddard
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

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2 Answers | Asked in Car Accidents for California on
Q: Who is at fault here ?

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

Adam Stoddard
Adam Stoddard
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

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2 Answers | Asked in Personal Injury for California on
Q: long story short after alm ost 4 years i got a 65 thous law suit for a car accident that was the other driv ers fault.

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

Adam Stoddard
Adam Stoddard
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...
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2 Answers | Asked in Civil Litigation for California on
Q: Do I have to call the defending party?

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

Adam Stoddard
Adam Stoddard
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

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3 Answers | Asked in Civil Litigation and Small Claims for California on
Q: How do i go about seeking counsel on an Amazon refund small claims suit?

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

Adam Stoddard
Adam Stoddard
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

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2 Answers | Asked in Contracts and Construction Law for California on
Q: What can I do if my contractor has abandoned my project?

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

Adam Stoddard
Adam Stoddard
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

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4 Answers | Asked in Business Law and Civil Litigation for California on
Q: Competition falsely claims “voted #1”

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

Adam Stoddard
Adam Stoddard
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

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2 Answers | Asked in Construction Law, Small Claims and Municipal Law for California on
Q: Hello, One of my neighbor's and I had been discussing the need to repair the fence between us. The damage was caused

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

Adam Stoddard
Adam Stoddard
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

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3 Answers | Asked in Civil Litigation and Personal Injury for California on
Q: Any recourse for a tree trimmer that entered my yard, cut a tree, scared my wife, left gate open while rushing away?

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

Adam Stoddard
Adam Stoddard
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

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6 Answers | Asked in Personal Injury for California on
Q: Do I have a case?

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

Adam Stoddard
Adam Stoddard
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

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3 Answers | Asked in Personal Injury for California on
Q: In a personal injury case who should the injured party be in communications with about the case?

insurance company

property attorney

please explain

Adam Stoddard
Adam Stoddard
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...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I have a medical malpractice case, can someone help me out with some questions about taking Kaiser to small claims?

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?

Adam Stoddard
Adam Stoddard
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

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2 Answers | Asked in Construction Law and Business Law for California on
Q: Hi, we have had an LLC B-lic construction company for 16 years, we gave RMO 2 years ago, and he got a CSLB complaint.

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!

Adam Stoddard
Adam Stoddard
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

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2 Answers | Asked in Employment Law for California on
Q: Am I entitled to unused vacation and sick time??

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

Adam Stoddard
Adam Stoddard
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

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2 Answers | Asked in Business Law for California on
Q: If I can't find the home address of the defendants in my action can I serve their lawyers instead?

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.

Adam Stoddard
Adam Stoddard
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

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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Son got an unnecessary MMR immunization shot because SHARP didn’t update CAIR accurately & Kaiser thought he needed it.

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

Adam Stoddard
Adam Stoddard
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

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2 Answers | Asked in Contracts for California on
Q: in my solar contract I noticed a $10,000.00 price increase with no explanation for that increase . the document itself

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.

Adam Stoddard
Adam Stoddard
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

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3 Answers | Asked in Personal Injury for California on
Q: In California, my daughter was hit while our insurance lapsed 14 days ago, are we liable?

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

Adam Stoddard
Adam Stoddard
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

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3 Answers | Asked in Consumer Law and Civil Litigation for California on
Q: Compensatory and Punitive damages suits

I joined Instagram to support an account that rescues stray cats. So I only followed 3 or 4 very close friends and a few stray cat rescue accounts. Since then, the number of people following my account has continued to grow, but I haven't follow them back because 'following' someone... View More

Adam Stoddard
Adam Stoddard
answered on Feb 13, 2023

I have Instagram and it often suggests people for me to follow, etc.; however, it is obviously the users choice to choose to follow back or not. I personally do not see a lawsuit here since ultimately you were the one who choose to follow other people, you clicked the button, etc. I am not sure... View More

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