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She feels like she has been completely miss lead. We already filled a complaint with the department of insurance and are waiting for them to investigate.
answered on Nov 15, 2024
It really depends on what the insurance policy and terms say. Your grandma's relationship with National Life is contractual. If she is paying a monthly or annual premium to keep the policy active, if she stops paying, she may no longer be able to receive the benefits of the policy. You should... View More 
I was brutally attacked by neighbor's pit bull that ripped both my arms open, and I was hospitalized for 3 days. Within hours of me being attacked my boyfriend contacted an attorney (Wilshire Law firm). I was less than impressed with their service - they dragged things out for several months,... View More
answered on Oct 16, 2024
I'm sorry that you had to go through that with the dog and then things were compounded by you feeling abandoned by your attorney.
I think the problem with the case is that it sounds good until you find out that the dog owner did not have any insurance. It is much easier to get a pay... View More
I hired a contractor to work on my house to perform an addition and remodeling (about 900 SF). We discovered so many problems after the work was about to finish. I have reported the contractor to the CSLB which brought an expert who evaluated the work and wrote a report about most of the damage.... View More
answered on Sep 13, 2024
What you describe is not the typical type of case that most attorneys will take on a contingency basis (at least from my experience). For something like this, I would charge an hourly rate to serve a demand letter and/or litigate the matter and whatever is recovered at the end would be yours.... View More
My tailbone is hurting, sharp pain and my wrist from trying to brace my fall. They took a pic of my back and my arm.
answered on Aug 29, 2024
I just looked it up and it looks like the Hard Rock Casino in Sacramento is an Indian gaming casino. If that is true, then technically they are immune from civil lawsuits, including personal injury lawsuits. In California, you can sue an Indian casino if the casino agreed to a limited waiver of... View More
I will be heading to San Diego to complete the paperwork
answered on Jun 19, 2024
If you were served a summons then you will need to either file a demurrer, motion to strike, motion to quash summons, or answer to the Complaint. You have 30 days to respond in some manner, otherwise the other side can take a default judgment against you.
You should really hire an attorney... View More
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
The time frame to cancel contract was five days from date of signature. We are now at a month later but nothing has been started.
answered on Dec 19, 2023
You should ask the other party if you can mutually agree to terminate the contract. You should review the terms of the contract before cancelling anything unilaterally.
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
answered on May 11, 2023
If you have not been personally named in the lawsuit and served with a copy of the lawsuit, then you are not a named defendant. The fact that the company you are working for is being sued, does not mean you personally are being sued or that you have any personal liability.
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
answered on Apr 3, 2023
It is unclear what it is exactly you are asking. CCP 430.41 discusses the requirement that one party meet and confer before filing a demurrer. If you received a letter or communication pursuant to 430.41 attempting to meet and confer about your complaint, you should check to see if there is any... 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
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