Questions Answered by William John Light
Q: My boss is making me uncomfortable by making comments about other women's physiques but not mine. Can I sue for sexual
William John Light's answer
To be a hostile work environment, the comments have to be pervasive (meaning a lot of them) or severe, such that they alter your working environment. Without knowing exactly what was said, and when, and the context, and how many times, it would be impossible to evaluate whether you have anything approaching a hostile work environment claim.
You can complain to HR, or to the DFEH (https://www.dfeh.ca.gov/complaint-process/file-a-complaint/). If you are retaliated against, you have a...
To be a hostile work environment, the comments have to be pervasive (meaning a lot of them) or severe, such that they alter your working environment. Without knowing exactly what was said, and when, and the context, and how many times, it would be impossible to evaluate whether you have anything approaching a hostile work environment claim.
You can complain to HR, or to the DFEH (https://www.dfeh.ca.gov/complaint-process/file-a-complaint/). If you are retaliated against, you have a...
Q: I have an exciting dog bite case for my daughter who is 8. Wants California law in the steps and documents I sign
1 Answer
| Asked
in
Animal / Dog Law, Antitrust, Civil Litigation and Contracts
for
California
on
Answered on Dec 18, 2018
Answered on Dec 18, 2018
William John Light's answer
Your attorney knows the case. We know nothing about it. Why would you trust an internet stranger over your own attorney?
Whether $35k or $40k is reasonable depends on the bite(s), the medical bills, the recovery, permanent damages/scarring, etc. In order to settle any case, the plaintiffs have to sign a Settlement Agreement and Release of All Claims.
Your attorney knows the case. We know nothing about it. Why would you trust an internet stranger over your own attorney?
Whether $35k or $40k is reasonable depends on the bite(s), the medical bills, the recovery, permanent damages/scarring, etc. In order to settle any case, the plaintiffs have to sign a Settlement Agreement and Release of All Claims.
Q: In a California dog bite case of a minor the mother who was in the middle of the attack but not bitten untitled to comp
William John Light's answer
The mother is entitled to compensation for emotional distress suffered as a bystander to watching her son being attacked under Dillon v. Legg. Gas is not compensable. Medical supplies for the son would be part of his damages, not the mother's (even though it came out of her pocket).
It seems that you are trying to handle this dog bite case by yourself on behalf of your son. That is very unwise. At least get a consultation with a Dog Bite Attorney before you sign anything.
The mother is entitled to compensation for emotional distress suffered as a bystander to watching her son being attacked under Dillon v. Legg. Gas is not compensable. Medical supplies for the son would be part of his damages, not the mother's (even though it came out of her pocket).
It seems that you are trying to handle this dog bite case by yourself on behalf of your son. That is very unwise. At least get a consultation with a Dog Bite Attorney before you sign anything.
Q: Attempting to complete cross complaint in response to false claim made by plaintiff that initiated lawsuit feb2016
William John Light's answer
Impossible to say what you must include for success since you didn't include any facts pertaining to your dispute. Also, the geotag indicates you are in Phoenix. You have posted in the California forum. If your lawsuit is in AZ, you should contact AZ attorneys to discuss.
Impossible to say what you must include for success since you didn't include any facts pertaining to your dispute. Also, the geotag indicates you are in Phoenix. You have posted in the California forum. If your lawsuit is in AZ, you should contact AZ attorneys to discuss.
Q: If a large company like a comcast employee gives out wrong information what happens?
William John Light's answer
Nothing happens. Look at your contract with Comcast. It will tell you the terms. If you received 3 months of courtesy data overusage as a promotion or compensation for something, you should have an email or paper verification of that.
Nothing happens. Look at your contract with Comcast. It will tell you the terms. If you received 3 months of courtesy data overusage as a promotion or compensation for something, you should have an email or paper verification of that.
Q: Hi I would like to no if u can sue for a lightning rod that harmed u pretty much a tempte of murder me
William John Light's answer
Very unclear what happened. If someone installed a lightning rod improperly, and you were injured as a result, you might have a claim. Consult with a knowledgeable PI attorney to a detailed evaluation of exactly what happened to you.
Very unclear what happened. If someone installed a lightning rod improperly, and you were injured as a result, you might have a claim. Consult with a knowledgeable PI attorney to a detailed evaluation of exactly what happened to you.
Q: Do shelters in CA have to microchip and vaccinate prior to adoption if they charge $500 "donation" fee?
William John Light's answer
They don't "have" to, in that I do not believe that there is any statute requiring it. However, they are free to set their own policies and require you to comply in order to complete the adoption.
They don't "have" to, in that I do not believe that there is any statute requiring it. However, they are free to set their own policies and require you to comply in order to complete the adoption.
Q: If I reserved a dog by paying a $500 fee and had a change of heart the next day, am I entitled to get my money back?
William John Light's answer
You should read the documents. Frequently, the $500 is considered a donation, not a purchase fee. If you made a donation, then failing to receive a dog would not ordinarily be the basis for refund. However, your adoption documents will probably specify a refund process.
You should read the documents. Frequently, the $500 is considered a donation, not a purchase fee. If you made a donation, then failing to receive a dog would not ordinarily be the basis for refund. However, your adoption documents will probably specify a refund process.
Q: A friend gave me her French bulldog due to not having a home and being in an abusive relationship. I agreed to take in
William John Light's answer
If she "gave" you the dog, it's yours. A completed gift cannot be revoked.
Civil Code Section 1146. A gift is a transfer of personal property, made voluntarily, and without consideration.
Civil Code Section 1147. A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee.
Civil Code Section 1148. A gift, other...
If she "gave" you the dog, it's yours. A completed gift cannot be revoked.
Civil Code Section 1146. A gift is a transfer of personal property, made voluntarily, and without consideration.
Civil Code Section 1147. A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee.
Civil Code Section 1148. A gift, other...
Q: When a Lawyer represents a client,isnt the Lawyer required to provide client with all documents & step by step progress?
William John Light's answer
It is not a "requirement" that you be provided with "all" documents and every step of the case. You should be kept reasonably informed of progress, be provided key documents and/or documents that impact your testimony. When settlement is offered, the attorney should explain the anticipated accounting of fees, costs, liens, etc. Those numbers generally cannot be finalized until weeks or months after you have agreed to settlement.
It is not a "requirement" that you be provided with "all" documents and every step of the case. You should be kept reasonably informed of progress, be provided key documents and/or documents that impact your testimony. When settlement is offered, the attorney should explain the anticipated accounting of fees, costs, liens, etc. Those numbers generally cannot be finalized until weeks or months after you have agreed to settlement.
Q: Is it mandatory to include a verification pleading with an interrogatories, discovery's and admissions ?
1 Answer
| Asked
in
Consumer Law, Banking and Civil Litigation
for
California
on
Answered on Dec 15, 2018
Answered on Dec 15, 2018
William John Light's answer
A Verification is provided with discovery responses, not with the actual discovery.
A Verification is provided with discovery responses, not with the actual discovery.
Q: can animal control take my dogs if the vet says they are fine and just old not sick?
William John Light's answer
If the note was to take them to the vet, and you did that, it sounds like you complied and there would be no basis to take the dogs.
If the note was to take them to the vet, and you did that, it sounds like you complied and there would be no basis to take the dogs.
Q: How is my pitchess motion supposed to be fair, when the same court that denied it the first time is doing it again?
2 Answers
| Asked
in
Civil Rights, Constitutional Law, Criminal Law and Personal Injury
for
California
on
Answered on Dec 14, 2018
Answered on Dec 14, 2018
William John Light's answer
Just because you are losing doesn't mean the judge is biased. If your case is venued in Ventura, a Ventura judge is going to hear your Pitchess motion. The judge who heard it the first time should be the judge who re-hears it, to avoid inconsistent rulings.
Just because you are losing doesn't mean the judge is biased. If your case is venued in Ventura, a Ventura judge is going to hear your Pitchess motion. The judge who heard it the first time should be the judge who re-hears it, to avoid inconsistent rulings.
Q: Neglegent vet did blood work on my dog did not call me to discuss his results. Can i sue the vet
William John Light's answer
You could sue in Small Claims court for your damages, if any.
Your recovery would be limited to the value of property damage (the value of a similar breed, age, gender, sightless dog versus one with sight), OR the expense for treating the damage (the cost of treating the blindness). The vet did not cause diabetes, in all likelihood, so that is not part of the damages equation.
We are assuming that the blindness was preventable, but that is also an issue that would have to be...
You could sue in Small Claims court for your damages, if any.
Your recovery would be limited to the value of property damage (the value of a similar breed, age, gender, sightless dog versus one with sight), OR the expense for treating the damage (the cost of treating the blindness). The vet did not cause diabetes, in all likelihood, so that is not part of the damages equation.
We are assuming that the blindness was preventable, but that is also an issue that would have to be...
Q: Is it okay for me to legally keep a found dog in my home?
William John Light's answer
You are entitled to a reasonable charge for saving and taking care of the animal. This would likely include a reasonable daily kenneling fee and reimbursement of your veterinary expenses. If that is offered, you would have no basis to retain the dog, but if you allege neglect, it should then be turned over to Animal Control.
Civil Code § 2080. Duties of finder
“Any person who finds a thing lost is not bound to take charge of it. . .but when the person does take charge of it...
You are entitled to a reasonable charge for saving and taking care of the animal. This would likely include a reasonable daily kenneling fee and reimbursement of your veterinary expenses. If that is offered, you would have no basis to retain the dog, but if you allege neglect, it should then be turned over to Animal Control.
Civil Code § 2080. Duties of finder
“Any person who finds a thing lost is not bound to take charge of it. . .but when the person does take charge of it...
Q: Can a private investigator who conducted interviews but failed to get signatures still testify in court
William John Light's answer
Yes. Prior statements to others can come into evidence through applicable hearsay exceptions.
Yes. Prior statements to others can come into evidence through applicable hearsay exceptions.
Q: What should I do about this situation?
William John Light's answer
It is unclear what the "harassment" is and whether it qualifies for protection under CA law.
Your paycheck must be paid to you in the timeline set forth by CA law. "In California, wages, with some exceptions (see table below), must be paid at least twice during each calendar month on the days designated in advance as regular paydays. The employer must establish a regular payday and is required to post a notice that shows the day, time and location of payment. Labor Code Section 207...
It is unclear what the "harassment" is and whether it qualifies for protection under CA law.
Your paycheck must be paid to you in the timeline set forth by CA law. "In California, wages, with some exceptions (see table below), must be paid at least twice during each calendar month on the days designated in advance as regular paydays. The employer must establish a regular payday and is required to post a notice that shows the day, time and location of payment. Labor Code Section 207...
Q: My landlords dog attacked me (5 bites) as I entered the backyard of our house. Went to hospital for treatment. Now what?
William John Light's answer
You should speak to an attorney before you speak to the landlord's insurance company. It will try to get you to describe your injuries and minimize your pain. It will try to get you to settle for pennies on the dollar before you even know the extent of your scarring and before your medial treatment is complete. Call a knowledgeable attorney, please.
You should speak to an attorney before you speak to the landlord's insurance company. It will try to get you to describe your injuries and minimize your pain. It will try to get you to settle for pennies on the dollar before you even know the extent of your scarring and before your medial treatment is complete. Call a knowledgeable attorney, please.
Q: I took my car to get a paint job but two of the employees took it out and crashed my car what can I do? Thanks
William John Light's answer
Unclear why your insurance didn't pay, unless you didn't carry collision insurance. You can file a Small Claims suit versus the body shop and recover up to $10k, no attorneys involved. That would require proving that the body shop is responsible because your car was damaged during the course and scope of employment, or that the body shop was negligent in caring for your vehicle. The police report should give you a head start on that. You would probably need to subpoena the employees to the...
Unclear why your insurance didn't pay, unless you didn't carry collision insurance. You can file a Small Claims suit versus the body shop and recover up to $10k, no attorneys involved. That would require proving that the body shop is responsible because your car was damaged during the course and scope of employment, or that the body shop was negligent in caring for your vehicle. The police report should give you a head start on that. You would probably need to subpoena the employees to the...
Q: in california how long do i have to sue a woman who rescued, (stole) my sons christmas puppy after he went astray.
William John Light's answer
If found your puppy and kept it, that is a form of theft. Contact the police, even though they might not do anything.
You might also consider suing in Small Claims for the value of the dog and/or an order for its return to you. If you sue, bring all evidence that the dog is yours, along with some kind of proof of value (receipts, offers for sale of similar dogs, etc.).
Plaintiff’s Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)...
If found your puppy and kept it, that is a form of theft. Contact the police, even though they might not do anything.
You might also consider suing in Small Claims for the value of the dog and/or an order for its return to you. If you sue, bring all evidence that the dog is yours, along with some kind of proof of value (receipts, offers for sale of similar dogs, etc.).
Plaintiff’s Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)...
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