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Questions Answered by Adam Stoddard
2 Answers | Asked in Civil Litigation, Contracts and Consumer Law for California on
Q: My furniture and personal items are being held by s moving company. They increased the moving cost from 3900. to 11,000.

Threatening to sell everything what can I do?I am not an attorney I’m looking for advice

Adam Stoddard
Adam Stoddard
answered on Jan 20, 2023

I assume you signed some sort of contract, work order, or invoice with the moving company? You should review the terms of the agreement to see what it says. It would be best to have an attorney review it for you, but if you cannot afford an attorney, then try to figure out if there are any terms in... View More

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2 Answers | Asked in Business Law and Contracts for California on
Q: If you buy a car from a dealer can he come onto your property without permission and take the car with no prior warning,

Or even attempting to collect his or her payment prior to taking it?

Adam Stoddard
Adam Stoddard
answered on Jan 20, 2023

It depends. Did you pay in full for the car and receive a title in your name? If so, then I would say no. At that point the dealer is stealing a car. If you did not pay in full, but financed the car, and you stopped making payments, then possibly yes, the dealer can repossess the car for failure to... View More

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1 Answer | Asked in Contracts for California on
Q: If liability of a car was released to me but the car is not in my possession and i don’t have a title do i own this car

In the state of California

Adam Stoddard
Adam Stoddard
answered on Jan 20, 2023

The true owner of the vehicle is the individual who's name appears on the title. If your name is not on the title, then it is not your car. It doesn't even sound like you have possession of the vehicle, so I cannot see how you could be the owner of it. As you know, typically when a car is... View More

4 Answers | Asked in Family Law, Personal Injury, Real Estate Law and Civil Litigation for California on
Q: Defendant found math/fact errors in the Stipulation after Judge signed it.

The plaintiff made the stipulation to settle down something and the defendant signed on it. The defendant had the Judge signed on it 2 weeks later as well. Unfortunately, the defendant realized there were errors in the stipulation at the moment the Judge signed it.. The defendant didn't find... View More

Adam Stoddard
Adam Stoddard
answered on Jan 20, 2023

The stipulation and order can and should be amended. If the plaintiff took $10K from the defendant's bank account, and it was not accounted for in the stipulation/order, it would be prejudicially unfair for the defendant to pay another $10K. Mistakes happen, but it should not cost another... View More

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7 Answers | Asked in Personal Injury and Car Accidents for California on
Q: How can I get this driver's insurance company name? Struck by a vehicle in a crosswalk, driver has insurance per police

Partner and I were both struck by a vehicle, driver refused to give us information until the cops got there, the police arrived while we were both being driven away in the ambulance witnesses state he did have insurance, cops took down all information except for who his insurance company is. We... View More

Adam Stoddard
Adam Stoddard
answered on Jan 18, 2023

You should probably hire an attorney to represent you and your partner for this accident. Although you do not have the insurance information, you do have the driver's address. I would hire an attorney to prepare a letter to send on both of your behalfs to the driver's home address. The... View More

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3 Answers | Asked in Personal Injury for California on
Q: I was at Modesto's municipal golf course an 80-ft tree fell a large Branch hit me and hurt my back are they liable

The golf course has been closed for 2 years but it's still open to the public

Adam Stoddard
Adam Stoddard
answered on Jan 16, 2023

Is this a City or County run facility? You potentially could file a lawsuit; however, if it is a public entity that owns and operates the land you would need to serve a Government Tort Claim notice within 6 months from the date of the incident. If 6 months has already lapsed, you would need to... View More

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3 Answers | Asked in Personal Injury for California on
Q: Can I talk to the defendant directly and agree on a settlement to get payment? And how?

I have a car accident case, unlimited claim. I didn’t accept the settlement payment that the defendant offered. I planned to do a trial, but my attorney gave up my case now, so I changed my mind and want to accept the settlement by myself. So can I talk to the defendant directly and agree on a... View More

Adam Stoddard
Adam Stoddard
answered on Jan 16, 2023

There is nothing that prevents direct party to party contact. If the Defendant is self represented and filed any court documents, look on those documents on the first page for his/her contact information.

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1 Answer | Asked in Elder Law and Health Care Law for California on
Q: DPOA documents from Another State- does California have to obide

My dad lives in another state. I am his DPOA for healthcare, financial and numerous other items. I am his healthcare proxy,also.

We have a letter signed by doctor that Dad should not be making his own financial or personal decisions.

The medical personnel Ca is stating that this... View More

Adam Stoddard
Adam Stoddard
answered on Jan 5, 2023

Generally, a DPOA that is valid when executed (in any state) will remain valid even if you move to another state; however, it is still a good idea to execute a DPOA in the new state. Typically a DPOA is for financial decisions, not medical.

You should probably look into a Durable Power of...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Amendment a new lease from original lease without the original tenants agreement is binding contract?
Adam Stoddard
Adam Stoddard
answered on Jan 4, 2023

It is unclear what exactly you are asking here. Whether the lease is new or there is an amendment to an existing lease, you should have a signature from all parties for it to be "binding". So for example, if the landlord has an existing lease, then drafts up an amendment to the lease... View More

2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I have questions regarding being sued. In an auto accident. Are there any available pro bono lawyers?
Adam Stoddard
Adam Stoddard
answered on Jan 3, 2023

If you are being sued relating to a car accident, you should check with your car insurance company as they can likely appoint an attorney to represent you and defend against the case. There may be pro bono attorneys out there, but as the saying goes, you get what you pay for.

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1 Answer | Asked in Contracts for California on
Q: Joint Venture w/ personal guarantee. *UPDATED

I invested 50k in a Joint Venture Agreement that never happened and was never paid anything. About 6 months later I was givin a personal guarantee IN WRITING AND SIGNED to return the 50k. How much power does it give me?

Adam Stoddard
Adam Stoddard
answered on Jan 3, 2023

I believe I answered your first question on this topic. It all depends on the written agreement. It is difficult to answer your question in a vacuum without knowing what the express language of the agreement is. There could be many different factors about timing, conditions precedent, accrual, etc.... View More

1 Answer | Asked in Contracts for California on
Q: Personal Guarantee on a failed Joint Venture Agreement. How much power do I have?

Hello. I invested 50k in a Joint Venture Agreement that never happened and was never paid anything. I was givin a personal guarantee to return the 50k about 6 months later. There are a couple things in how guarantee was written that may be subject to interpretation. And how much power does it give... View More

Adam Stoddard
Adam Stoddard
answered on Jan 3, 2023

Your questions can likely be answered with a review of the joint venture agreement. Your relationship with the other parties and how, if and when return of capital will be provided, is contractual in nature, assuming it is defined or explained in the joint venture agreement. You should reach out to... View More

1 Answer | Asked in Personal Injury and Legal Malpractice for California on
Q: I’m looking for a litigator with experience in Federal Court, specif. in Northern District of California, San Francisco

The DA of a certain California County may be guilty of vexatious litigation against me, as well as collusion with a judge. I’m aware these are serious accusations, However, if I can consult with a federal litigation attorney, he/she will understand why I’m concerned once I provide the details.

Adam Stoddard
Adam Stoddard
answered on Jan 3, 2023

I think you have a misunderstanding as to what a vexatious litigator is or can be. The DA cannot be a vexatious litigant. Pursuant to CCP 391, et seq., it can only be a pro per litigant who has maintained at least 5 litigations other than small claims to final determination adversely to the person... View More

3 Answers | Asked in Car Accidents for California on
Q: How can I receive the max for lost wages due to a car accident that was not my fault?
Adam Stoddard
Adam Stoddard
answered on Dec 29, 2022

In order to maximize your recovery, you really should hire an attorney. If you want to go at it on your own, then you should provide proper documentation of your wages before and after the accident and calculate the total amount you have lost due to the accident. Provide this information to the at... View More

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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

1 Answer | Asked in Elder Law for California on
Q: Lawyer dropped my case. For non payment. I have court Jan. 6 2023. I Don't know what to do

Mom is sick. Brother has been taking money, lying about funds, had her will changed and causing mom to be depressed.I Am 63& don't have any more money to pay my lawyer..

Adam Stoddard
Adam Stoddard
answered on Dec 14, 2022

You should go to Court on January 6, 2023 and speak to the judge. You should be paying your lawyer. No one is going to work for free on your case.

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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