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Questions Answered by Adam Stoddard
1 Answer | Asked in Civil Litigation for California on
Q: I received a phone message from an alleged process server citing case no BA-1029. I returned call but lawyer wouldn't

Provide any detailed info about alleged 5000 debt. He disconnected me. How do I determine info about this suit if it has really been filed?

Adam Stoddard
Adam Stoddard
answered on Dec 22, 2022

BA-1029 does not sound like any case number I have ever seen at any of the Superior Courts or Federal Courts in the Bay Area. Not sure what else you could other than simply perform a name search on the local courts around you to see if your name is associated with any cases.

1 Answer | Asked in Construction Law for California on
Q: If a roofer leaves behind materials that are then used to deface my building by someone else is the roofer responsible?
Adam Stoddard
Adam Stoddard
answered on Dec 19, 2022

Was the roofer's job complete or were the materials left behind because the job was ongoin? I do not think it would make a difference either way, as I would not think the roofer would be liable for a third-party's actions unless it was somehow foreseeable. I'm not sure why you would... View More

1 Answer | Asked in Elder Law for California on
Q: Hi I'm looking for someone to read some legal paper work my mom nursing home wants me to sign

My mom is able to sign paper work due to a stroke from COVID-19 in February 2022 her nursing home wants me to sign paper work I don't understand

Adam Stoddard
Adam Stoddard
answered on Dec 19, 2022

I would imagine the paperwork is standard admission documents, financial documents, and likely advanced care directive documents. If your mom is going into a nursing home and had a stroke, you should likely setup a trust or will if you have not already for her, and you should probably work on... View More

5 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: I had an accident when leaving work at a stadium in Los Angeles. Last October I fell in a hole had back injury $ surgery
Adam Stoddard
Adam Stoddard
answered on Dec 12, 2022

I am not sure if this is a legal question or simply a statement.

If you were injured while leaving the stadium, you need to act fast and retain an attorney. Depending on where the hole was could mean that it was public property or private property. If it is public property (public sidewalk...
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2 Answers | Asked in Estate Planning, Wrongful Death, Military Law and Personal Injury for California on
Q: Does a widow remain next of kin indefinitely even if they remarry?

My father passed away in January 2020. He was in the Marines and was stationed at Camp Lejeune. I'm wanting to file a claim because he died as a result of being stationed there. Would my lawsuit need to incorporate his widow if she's remarried?

Adam Stoddard
Adam Stoddard
answered on Dec 5, 2022

Typically in a wrongful death lawsuit, all heirs must join either as plaintiff's themselves or as a nominal defendant. You may also have to comply with the Federal Tort Claims Act. Given that he died over two years ago, you may also have a statute of limitations issue. You should consult an... View More

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1 Answer | Asked in Animal / Dog Law and Civil Litigation for California on
Q: can I get a motion heard in without filing a cause of action with the complaint in California

I think I should file a motion ordering the defendent to return property to its rightful owner. Would I need to file a partial summary judgement for ownership then continue civil litigation for damages for the second part

Adam Stoddard
Adam Stoddard
answered on Dec 2, 2022

It is unclear what you are trying to do here. It sounds like you have not filed a complaint yet since you state "can I get a motion heard in without filing a cause of action with the complaint in California." If you have not filed a Complaint, then you cannot file a motion with the Court.... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Hi, I need help to file a malpractice case against Kaiser , any suggestions, Thanks

Got a lumbar surgery in 2018 cuz they were thinking I have bulging disc which I didn’t. This year they found out it’s MS, so they made me go through lumbar surgery for no reason.

Adam Stoddard
Adam Stoddard
answered on Nov 30, 2022

If you are a Kaiser member, then you have to pursue a suit against Kaiser through arbitration. You therefore cannot file a lawsuit in the superior court. You have 1 year from the date of knowledge to commence your acction (CCP 340.5).

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4 Answers | Asked in Personal Injury for California on
Q: Company admitting there allegations. Do you think they will accept my asking price $500,000?

I have a letter from the company admitting there allegations, what do you believe will happen? Do you think they will accept my offer for $500,000?

Adam Stoddard
Adam Stoddard
answered on Nov 30, 2022

Unfortunately, you did not provide enough details or information to give you a great answer. What is the company? What are the allegations? What are your damages?

A company admitting allegations is not really helpful. A company admitting their negligence and said negligence caused you...
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5 Answers | Asked in Personal Injury for California on
Q: I finished all of my therapy treatment for my lawsuit, what will be the next step?

I have a letter from the company admitting there allegations, what do you believe will happen? Do you think they will accept my offer for $500,000?

Adam Stoddard
Adam Stoddard
answered on Nov 30, 2022

I agree with the previous answer.

You provide no information about your injuries, your damages, the company, etc. Without this information, no one can give you a realistic response.

As previously stated, if your injuries were limited to therapy (whether PT or OT), your injuries were...
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1 Answer | Asked in Employment Law, Civil Litigation and Education Law for California on
Q: How to file an objection or opposition to "Declaration of Demurring Party in Support of Automatic Extension"?

Defendant filed for automatic extension to demure 10 days ago. Claims to be justified on an automatic extension to demure because he emailed Plaintiff 26 days ago to meet and confer. Plaintiff was ill and unavailable yet was represented by counsel. Defendant is skipping the fact that he was... View More

Adam Stoddard
Adam Stoddard
answered on Nov 22, 2022

Pursuant to CCP 430.41, before filing a demurer, the demurring party shall (must) meet and confer in person or by telephone 5 days before the responsive pleading is due. If the parties are unable to do that, the demurring party can file a declaration which entitles them to a 30 day extension to... View More

1 Answer | Asked in Construction Law and Small Claims for California on
Q: During a landscape project the home owner fired me. Are they legally required to pay for materials used so far?

This customer was a problem from the very start. Comparing my methods and approach to youtube videos and telling me I wasn't doing the installation correctly. From then on he constantly complained about every single little step of the project. Eventually Myself and my crew needed a break from... View More

Adam Stoddard
Adam Stoddard
answered on Nov 22, 2022

Did you have a contract with the homeowner? You are entitled to be paid for the work performed and materials delivered to the project. Given that you are only out about $3K, this would be a small claims matter.

2 Answers | Asked in Contracts and Construction Law for California on
Q: A contractor I hired has done very poor work, keeps demanding more money and blames me for everything. What do I do?

I hired a contractor to remodel a kitchen and bathroom. He did really poor work, and refuses to fix it. When he was doing th ekitchen he found some damage to the back wall of the house. I agreed to have him fix it and the top floor of my house has dipped. I can't close a window. I have... View More

Adam Stoddard
Adam Stoddard
answered on Nov 14, 2022

You should review the terms of your contract. It is illegal for a contractor to request or accept money for work not yet performed or materials not delivered. If the work is as bad as you say, then you should tell the contractor that he should send you a final invoice for all of the work performed... View More

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2 Answers | Asked in Real Estate Law and Car Accidents for California on
Q: Can I hire A Collision Shop Guy as Expert Witness?

My neighbor made 10 dings on assigned APT parking lots. He promised to repair by email n txt msg and appeared to me with a mobile dent repair guy. I refused the cheap services($500) for my brand new car($80K) on the street, instead asked for any bodyshop. He has not responded couple of months for... View More

Adam Stoddard
Adam Stoddard
answered on Nov 11, 2022

You can retain an expert to provide an opinion or cost estimate for the repairs and have them present those opinions or explain the estimate at a small claims hearing. I am not certain, but I doubt you can recover the experts fee in a small claims hearing.

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1 Answer | Asked in Landlord - Tenant and Elder Law for California on
Q: I am 67yrs old and I have been currently renting a mobile home located in a 55+ mobile home estate park, for the last 15

…mos. I’ve never been late paying rent, on October 10th this year I received a 60dy notice to quit by way of being taped to the door knob of my back door, it was no cause no cause without reason. What to do?

Adam Stoddard
Adam Stoddard
answered on Nov 10, 2022

You should refer to the terms of your lease agreement. There are likely terms in the lease agreement that allow either party the opportunity to terminate the lease without any cause with prior notice.

3 Answers | Asked in Car Accidents, Libel & Slander and Personal Injury for California on
Q: I was involved in a NON-INJURY fender bender 6 months ago, while working in California. I live in Oklahoma.

I received a letter from a lawyer, on behalf of the other party involved in the incident, claiming they were injured. They are lying. There wasn’t even a mark on their vehicle! And the policeman determined everyone was ok and cleared to leave the scene. What can I do to shut down these FALSE... View More

Adam Stoddard
Adam Stoddard
answered on Nov 10, 2022

You should tender the matter to your insurance company. They can likely appoint an attorney to represent you. Although there is no lawsuit yet, the fact that the other side already has an attorney and they are contacting you, indicates the likelihood the other party will pursuse the matter. If you... View More

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Q: If I quit my job due to an increasing mental health problem caused by it directly can I apply for unemployment in CA?

I got attacked by a customer physically mid-June and the symptoms of a trauma-stress disorder hit me mid-July very hard. (I already previously had chronic Generalized Anxiety and Severe Depression so I think those compounded with this newfound ptsd and I'm a wreck) I am currently in such bad... View More

Adam Stoddard
Adam Stoddard
answered on Nov 10, 2022

You should go to the EDD's website. They list the requirements to apply. One of the requirements is that you are unemployed through no fault of your own. Quitting your job would obviously be due to your personal decisions. You may want to consult a medical professional to see whether you... View More

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3 Answers | Asked in Personal Injury for California on
Q: In a car accident is it legal to receive only 22% of the settlement amount after attorney and medical costs are paid.
Adam Stoddard
Adam Stoddard
answered on Nov 10, 2022

It depends on the contingency fee agreement you negotiated with your attorneys. Contingency fees mean you will pay the lawyer a certain percentage of the money you receive if you win the case or settle the matter out of court.

If you lose your case, the lawyer does not receive any payment...
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1 Answer | Asked in Contracts for California on
Q: I live in California, my boss wants me to sign a contract agreeing to be governed by Texas law. What's that mean?
Adam Stoddard
Adam Stoddard
answered on Nov 10, 2022

Parties to a contract can determine the state law that will govern the transaction should there be a dispute about the terms or performance of the contract. I assume your boss is in Texas, or your work transacts in Texas?

1 Answer | Asked in Construction Law and Contracts for California on
Q: I need to terminate a contract with a local building contractor. I need to know:- How much am I obligated to pay?

- My interest is in ending the contract and receiving the original design file, more than a pdf file as stated in the contract. The file I need to complete the work was generated by Chief Architect software.

- Contractor has never invoiced me for $1000 deposit, per contract. Told me... View More

Adam Stoddard
Adam Stoddard
answered on Nov 9, 2022

This somewhat depends on the terms of the contract. Technically, a contractor can only request a $1,000 up front or 10% of the contract upfront, whichever is lesser. A contractor can also not request money for work not performed or materials not delivered.

1 Answer | Asked in Civil Litigation for California on
Q: Is 4yrs in litigation with target company right?

My lawyer seems to be avoiding

Me. We been in litigation Goin on 4yrs now and I'm not sure if it's OK j call target myself to see if it's been settled I'm stuck don't know what to do since my lawyer is no help

Adam Stoddard
Adam Stoddard
answered on Nov 9, 2022

4 years is not that unusual for civil litigation to take. It is on the longer side, but not unheard of. You should contact your attorney to get a status on the case. Alternatively, if you have the case number, you can go to the Court's website and check the status yourself.

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