Questions Answered by William John Light
Q: How and can I get my dog back that I relinquished to animal services?
William John Light's answer
It's not your dog anymore. You would have to go through the normal adoption procedures that everyone else does.
It's not your dog anymore. You would have to go through the normal adoption procedures that everyone else does.
Q: I am being sued for a vehicle I have never owned. What do I need to do to make this go away?
William John Light's answer
Sounds like you need to hire an attorney. You have the opportunity to defend yourself and prove that you have no liability. You are blowing it by not responding to interrogatories in a timely fashion.
Sounds like you need to hire an attorney. You have the opportunity to defend yourself and prove that you have no liability. You are blowing it by not responding to interrogatories in a timely fashion.
Q: can I sue for medical malpractice a wound that won't heal due to the negligence of hospital staff over 40 years ago?
2 Answers
| Asked
in
Personal Injury and Medical Malpractice
for
California
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
William John Light's answer
You are well past the statute of limitations for something that happened 40 years ago. In California, a medical malpractice lawsuit must be filed no later than three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury (whichever occurs first). Code of Civil Procedure section 340.5. leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=340.5
It is possible...
You are well past the statute of limitations for something that happened 40 years ago. In California, a medical malpractice lawsuit must be filed no later than three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury (whichever occurs first). Code of Civil Procedure section 340.5. leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=340.5
It is possible...
Q: I live in Ca. & my dghtr, (w/our leashed Puppy), rang a d/bell & was greeted by a pitbull taking our dogs neck swinging
2 Answers
| Asked
in
Animal / Dog Law and Personal Injury
for
California
on
Answered on Apr 16, 2019
Answered on Apr 16, 2019
William John Light's answer
You have to prove that the dog owner was negligent. It is unclear that you can. If you do prove negligence, your damages are the cost of veterinary care and/or the value of the dog, if it died. These are ordinarily cases which are suited for Small Claims.
You have to prove that the dog owner was negligent. It is unclear that you can. If you do prove negligence, your damages are the cost of veterinary care and/or the value of the dog, if it died. These are ordinarily cases which are suited for Small Claims.
Q: my puppy was bit in the face by another dog in a dog friendly brewery and the owners refuse to pay the vet bills
William John Light's answer
Strict liability applies only to dogs biting humans. Dog versus dog bites require a showing of negligence. By your own admission, the bite happened without warning, and after your puppy went up to the retriever. In other words the retriever owner had no warning that his dog would bite. In the absence of evidence that the retriever was previously aggressive to other dogs, there is no evidence of negligence by the owner of the retriever. You, however, are potentially negligent since you did...
Strict liability applies only to dogs biting humans. Dog versus dog bites require a showing of negligence. By your own admission, the bite happened without warning, and after your puppy went up to the retriever. In other words the retriever owner had no warning that his dog would bite. In the absence of evidence that the retriever was previously aggressive to other dogs, there is no evidence of negligence by the owner of the retriever. You, however, are potentially negligent since you did...
Q: does releasing uninsured motorist destroy right to claim under my umi policy
William John Light's answer
Depends what your policy says and the circumstances in which you "released" the uninsured motorist. Get a copy of your policy, a copy of the traffic collision report, a copy of the release agreement and any other documentation, then have an attorney review it. Any of us will give you a free consultation.
Depends what your policy says and the circumstances in which you "released" the uninsured motorist. Get a copy of your policy, a copy of the traffic collision report, a copy of the release agreement and any other documentation, then have an attorney review it. Any of us will give you a free consultation.
Q: I was wondering about the carry legalities of Spears in CA. Do I need permits/certification/job necessity to carry them?
1 Answer
| Asked
in
Consumer Law, Animal / Dog Law and Entertainment / Sports
for
California
on
Answered on Apr 12, 2019
Answered on Apr 12, 2019
William John Light's answer
Hunting opportunities in this state with a spear and/or atlatl are limited. No big or small game species could legally be taken with one. However, animals that are classified as "non-game" species could be (coyotes, rodents, opossum, etc). You would first need to obtain a hunting license. Confirm with your local Fish and Game Warden, or a local attorney, and consult local city and county ordinances.
See:
Mammal Hunting Regulations, sections 353-354 & 475:...
Hunting opportunities in this state with a spear and/or atlatl are limited. No big or small game species could legally be taken with one. However, animals that are classified as "non-game" species could be (coyotes, rodents, opossum, etc). You would first need to obtain a hunting license. Confirm with your local Fish and Game Warden, or a local attorney, and consult local city and county ordinances.
See:
Mammal Hunting Regulations, sections 353-354 & 475:...
Q: If a vet said he wanted to compensate for what both my dog and I went through. Is that not a legal verbal contract?
William John Light's answer
Probably not. That is too vague to enforce. Further, you aren't entitled compensation beyond the expense to repair/treat the injury to your dog. Your dog is considered property and there is no emotional distress recovery for damage to property. As a result, any promise to compensate you, beyond the expense to repair/treat your dog, is a promise to make a gift, and promises to make gifts are not enforceable.
Probably not. That is too vague to enforce. Further, you aren't entitled compensation beyond the expense to repair/treat the injury to your dog. Your dog is considered property and there is no emotional distress recovery for damage to property. As a result, any promise to compensate you, beyond the expense to repair/treat your dog, is a promise to make a gift, and promises to make gifts are not enforceable.
Q: Can I keep my medical records private from defendant?
William John Light's answer
Your question indicates you are in Colorado, while the question was posed in the California forum. In California, what you request is theoretically possible with a protective order. However, the persons whom you authorize to receive the records are involved in this dispute as agents for the defendant, i.e., the insurance adjuster is working on behalf of the defendant and so is any attorney hired on behalf of the defendant. Since those agents are duty bound to the defendant, such a protective...
Your question indicates you are in Colorado, while the question was posed in the California forum. In California, what you request is theoretically possible with a protective order. However, the persons whom you authorize to receive the records are involved in this dispute as agents for the defendant, i.e., the insurance adjuster is working on behalf of the defendant and so is any attorney hired on behalf of the defendant. Since those agents are duty bound to the defendant, such a protective...
Q: Under Insurance contracts required to conform to cal statues change insurance contract exclusion provision of ownership
1 Answer
| Asked
in
Insurance Bad Faith and Insurance Defense
for
California
on
Answered on Apr 10, 2019
Answered on Apr 10, 2019
William John Light's answer
No one can answer without reading the policy, knowing the facts underlying the claim, and reading the declination letter from the insurer. However, "actual ownership" under the meaning of the policy is probably the meaning set forth in Vehicle Code 5600(a).
A beneficial owner is occurs where property rights ("use and title") in equity belong to a person even though legal title of the property belongs to another person. Black's Law Dictionary (2nd Pocket ed. 2001 pg. 508); Willard H....
No one can answer without reading the policy, knowing the facts underlying the claim, and reading the declination letter from the insurer. However, "actual ownership" under the meaning of the policy is probably the meaning set forth in Vehicle Code 5600(a).
A beneficial owner is occurs where property rights ("use and title") in equity belong to a person even though legal title of the property belongs to another person. Black's Law Dictionary (2nd Pocket ed. 2001 pg. 508); Willard H....
Q: I've had a RV repair mechanic fixing my RV for appox 16 months.I paid in advance for Services $2700 .
2 Answers
| Asked
in
Consumer Law, Civil Litigation and Civil Rights
for
California
on
Answered on Apr 9, 2019
Answered on Apr 9, 2019
William John Light's answer
File a complaint with the Bureau of Automotive Repair.
bar.ca.gov/Consumer/Complaint_Process_and_Form/index.html
File a complaint with the Bureau of Automotive Repair.
bar.ca.gov/Consumer/Complaint_Process_and_Form/index.html
Q: the pound took my cats and won't give them back
2 Answers
| Asked
in
Personal Injury, Animal / Dog Law and Civil Rights
for
California
on
Answered on Apr 8, 2019
Answered on Apr 8, 2019
Q: I was hit by a drunk driver but I did not have insurance, do I have any rights to sue the guy that hit me?
William John Light's answer
Yes, you can sue. Contact a PI attorney to get a free consultation on your specific case. However, since the DUI driver had no insurance, it sounds like you may not actually collect anything. It is possible that there might be other potential defendants, though.
Yes, you can sue. Contact a PI attorney to get a free consultation on your specific case. However, since the DUI driver had no insurance, it sounds like you may not actually collect anything. It is possible that there might be other potential defendants, though.
Q: Can I get a ticket for someone else dogs if we live in the same house
William John Light's answer
Unclear if you got a fine or a warning to vaccinate. If it's the former, you or an attorney will need to read the ordinance on which it is based. It might apply to property owners on which the dog is located, or just to dog owners. If it only applies to dog owners, you will need to go to court to fight it by proving that the dogs aren't yours. Frankly, that's a pretty easy defense to fabricate and I suspect that it won't be automatically believed. Your chances of success would go up...
Unclear if you got a fine or a warning to vaccinate. If it's the former, you or an attorney will need to read the ordinance on which it is based. It might apply to property owners on which the dog is located, or just to dog owners. If it only applies to dog owners, you will need to go to court to fight it by proving that the dogs aren't yours. Frankly, that's a pretty easy defense to fabricate and I suspect that it won't be automatically believed. Your chances of success would go up...
Q: Do I have a viable claim against the theater or MPAA for negligence not accommodating a class protected by ADA et al?
3 Answers
| Asked
in
Civil Rights, Consumer Law, Personal Injury and Entertainment / Sports
for
California
on
Answered on Apr 7, 2019
Answered on Apr 7, 2019
William John Light's answer
The ADA is concerned with denial of equal access to facilities and services. You got equal access, but didn't like it. The MPAA is not the only source of information on content of films. You are free to research dozens of film reviews online to determine whether such entertainment is appropriate for you. You obviously know of your sensitivity to violence in films, and you are obviously aware that films often carry graphic depictions of this. As such, you are negligent for failing to investigate...
The ADA is concerned with denial of equal access to facilities and services. You got equal access, but didn't like it. The MPAA is not the only source of information on content of films. You are free to research dozens of film reviews online to determine whether such entertainment is appropriate for you. You obviously know of your sensitivity to violence in films, and you are obviously aware that films often carry graphic depictions of this. As such, you are negligent for failing to investigate...
Q: i am being sued as an employee by a customer who had a trip and fall accident in a store i managed in california.
William John Light's answer
You would have liability if your actions caused or contributed to the conditions that caused the fall. Your employer would be responsible for funding your defense and paying any sums for which you are liable. You do not have grounds for counter suit. Notify your employer of the suit and request that it, or its insurer, appoint defense counsel for you and that it indemnify you for any and all liability.
You would have liability if your actions caused or contributed to the conditions that caused the fall. Your employer would be responsible for funding your defense and paying any sums for which you are liable. You do not have grounds for counter suit. Notify your employer of the suit and request that it, or its insurer, appoint defense counsel for you and that it indemnify you for any and all liability.
Q: Why can't I find an attorney to represent me in a CA Doctor/Patient Abandonment?
William John Light's answer
Because a delay in treatment, without significant accompanying damages (e.g., growth of a tumor to the point that it is inoperable), is not a good malpractice case.
Because a delay in treatment, without significant accompanying damages (e.g., growth of a tumor to the point that it is inoperable), is not a good malpractice case.
Q: A store owner refused service and demanded I leave the store due to my bonafide service dog. What is this case worth?
William John Light's answer
There no such thing as a "licensed" service dog. If you have a dog that is trained to provide a specific service to you, e.g., you are blind and it guides you, that is a service dog. Service dogs must be allowed anyplace that the general public is allowed. The storekeeper can ask you whether the animal is required due to disability and what it is trained to do.
Those protections do not apply to emotional support animals. An emotional support animal must alleviate one or more...
There no such thing as a "licensed" service dog. If you have a dog that is trained to provide a specific service to you, e.g., you are blind and it guides you, that is a service dog. Service dogs must be allowed anyplace that the general public is allowed. The storekeeper can ask you whether the animal is required due to disability and what it is trained to do.
Those protections do not apply to emotional support animals. An emotional support animal must alleviate one or more...
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