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Questions Answered by Dale S. Gribow
4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sue when a doctor removed meniscus when he should have only drained the Ganglion cyst in my knee?

The surgery was on 5/31/2022 but I didn't see it until I was in his office on 1/23/2024. It looks like I have about 10% left of my medial meniscus. The long operative report says he only worked on the Ganglion cyst. I had an MRI on 6/24/2022 that says there are post surgical changes to the... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 18, 2024

You need to contact a med mal lawyer asap.

Hopefully, you have a doctor that will confirm the negligence. If not, maybe your lawyer can retain an expert.

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2 Answers | Asked in Criminal Law for California on
Q: what do I do if Local PD and Neighborhood watch over surveillance me and harass me and sent me 51/50?

My primary Physican , my back , my company , and my social media has been hacked and I have documentation . What do I do I went to IC3 , FTC and local PD but they sent me 51/50 .

Dale S. Gribow
Dale S. Gribow
answered on Mar 18, 2024

5150 is a mental referral, and if it is not warranted, you need to hire a lawyer to address it.

If you have been arrested, ask for a Public Defender, or if not criminal, maybe Legal Aid.

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3 Answers | Asked in Criminal Law and Personal Injury for California on
Q: California court case it’s on pending but no date court date?

C

Dale S. Gribow
Dale S. Gribow
answered on Mar 18, 2024

what is the question........

if a case is filed there is a date for the next appearance.

this came in under criminal but sounds like civil.

if criminal it could be there has not been a filing yet after arrest or bail............

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Over 2 years ago, bad injury on MTD bus SantaBarbaraCA. In 2 weeks received small check, final settlement, chicanery.

Disabled homeless adult on bus. Feet squashed in bus ramp folding in. Both feet, toes, ankles are now deformed, permanent injury can't drive, swim, bike or work. PTSD. No medical records were secured. Doctor was not contacted. Small check issued by MTD insurance was clearly discussed as... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 18, 2024

Contact a local personal/accident injury lawyer who has experience with that Bus Co.

I assume you did NOT have any representation.

See Arrasmith's answer herein......he sets forth a basis for revisiting the issue.

What is your educational level? Did you read the...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Misdiagnosed retina detachment: what should I do? Can I file a health malpractice claim?

I had vision issues in my right eye, so I received a referral from my PCP to see an ophthalmologist. On December 27, 2023, I went to the referred ophthalmologist. After a slew of images were taken of my eye, including dilation, I saw the doctor. I explained to him that I saw floaters and that my... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 17, 2024

check with your doc re a macular hole too.

call a med mal lawyer, to see if you have the evidence for a case.

do you have a doc that says there was negligence?

most of my friends won't take a med mal case worth less than $1M. They are expensive and challenging.

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2 Answers | Asked in Family Law and Juvenile Law for California on
Q: Y don’t attorney really investigate accusations from DCFS

If DCFS make accusations but twist everything around y do attorneys take their word for it not caring the mental damage it’s causing

Dale S. Gribow
Dale S. Gribow
answered on Mar 15, 2024

Every attorney is different.

The answer is usually that investigations are expensive, and many clients can't afford to retain an attorney and hire an investigator.

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4 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Just notified that i need neck fusion from injury during surgery doctors kept down ply me. What are my rights

i just read my medical records and found misinformation dating back to 2013 During that time i was diagnosed with grade one sponylothis with pars defect snd was told i could possibly become paralyzed. Talk about pressure i just wanted a refill on medication so i could return to work Before i... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 12, 2024

IF YOUR ACCIDENT WAS WORK RELATED, YOU WANT TO CONTACT A WORKERS COMP LAWYER ASAP TO SEE IF THE CLAIM IS STILL VALID.

IF IT WAS AN AUTO ACCIDENT FOR INSTANCE, YOU USED TO HAVE A YR TO FILE, BUT NOW IT IS 2 YEARS IF FILING FOR NEGLIGENCE. YOU WOULD WANT A NEGLIGENCE LAWYER.

IF IT IS...
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2 Answers | Asked in Criminal Law for California on
Q: What is low risk probation?

My po told me he's moving me to low risk and I will no longer have to go in to probation. He said I'll be able to call in or report in online. Will I need to talk to someone on the phone and report what I've been doing, and is this still considered supervised and formal probation?

Dale S. Gribow
Dale S. Gribow
answered on Mar 12, 2024

IN CALILFORNIA:

WE CALL IT INFORMAL OR SUMMARY PROBATION.

It is used for less serious crimes, mostly misdemeanors, and there is no reporting to a PO.

In the Indio court in Riverside, CA, after half the term (usually 3 years) , you can move to, in essence, end it early, and...
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2 Answers | Asked in Criminal Law for California on
Q: If I'm trying to use my mental health diagosis to get off probation early, what circumstances would indicate hardship?

I am always nervous and it's seriously affecting my confidence and ability to go out and function. Is that considered hardship? and how would I prove the hardship?

Dale S. Gribow
Dale S. Gribow
answered on Mar 10, 2024

See attorney Arrasmith's missive. But understand that lawyers can't tell you how to break the law. It is always dependent on the DA on your case and the Judge who is making the final determination.

An argument that will work with one judge may not be persuasive to another so you...
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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: requirement for amended pleading pursuant ccp 473 (b) for motion to set aside dismissal, with ccp 473 (a) (1) leave

When complaint has to be amended pursuant ccp 473 (a) (1), requirement for amended pleading (complaint) pursuant ccp 473 (b) is mandatory for motion to set aside dismissal against defendant?

Plaintiff entered dismissal by mistake.

Dale S. Gribow
Dale S. Gribow
answered on Mar 7, 2024

SEE JAMES ARRASMITH'S ANALYSIS BELOW. IT APPEARS TO BE THOROUGH, WHETHER IT IS BECAUSE HE WROTE IT OR USED AI.........WHO CARES IF HE GETS YOU THE INFO.

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2 Answers | Asked in Real Estate Law for California on
Q: What to do and who to seek if seller did not disclose the property we bought in Elk Grove as landfill area?

After we bought a 40ac land in Elk Grove, CA, we hired eng'g consultants and they found out that the property has municipal solid waste underneath. This was not disclosed by the seller/owner of the property. On the seller disclosure docs, it says the property is "clean". We need... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 6, 2024

I'm not sure why this would come to a PI/DUI Lawyer in the greater Palm Springs area. However, you should contact a Real Estate Lawyer in Elk Grove. Many lawyers provide a free consultation...however, that doesn't mean they will evaluate and guide you without a retainer.

To cut...
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3 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for California on
Q: 1 year reporting deadline for workers compensation cumulative injury?

Hello, last year around April I went to the doctor with joint pain I believed was a result of work. He ordered me physical therapy and some x rays but ultimately told me there was no was all my pain was caused by work and is likely fibromyalgia. Only months later around August when I decided on my... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 6, 2024

you need to contact a workers comp lawyer asap.

i am an Accident lawyer in Palm Springs and not a WC attorney.

if they take the case it will be on a contingency, so there is nothing to lose.

normally it is a 1 yr statute of limitations...the issue is when does it start....
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3 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: Hit by a DUI Driver but my Insurance is minimal

My daughter was driving my car dui driver hit her. My insurance is minimal, even excludes all drivers. Other driver has no insurance. My daughter had to miss work, she just got out of college, so financially struggling. My car no longer works either. Anything else we can do? Thank you

Dale S. Gribow
Dale S. Gribow
answered on Mar 5, 2024

This is exactly why I preach in my legal columns, to be sure you have insurance, and especially Uninsured Motorist coverage.

There is also the California Victim Compensation Board, but the chances of getting adequate compensation are questionable.

I also recommend talking to the DA...
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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Does Chatsworth court have local rules on consolidation of motions, hearing? What are the rules, and/or how to find?

Does Chatsworth court have local rules on consolidation of motions, hearing? What are the rules, and/or how to find?

Specifically: Motion for Leave to file third amended complaint; and Motion to set aside dismissal of legal action against a defendant.

Dale S. Gribow
Dale S. Gribow
answered on Mar 4, 2024

Being a PI/DUI lawyer in Palm Springs, I am not up on another court's rules.

I would call the Civil Clerk to inquire.

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3 Answers | Asked in Appeals / Appellate Law, Criminal Law, Civil Rights and Constitutional Law for California on
Q: Appellate court keeps refusing my documents.

I am in pro per and cannot afford an attorney. No non profit will help me. I do not fit into any of their categories. No help even at the LA Law liabrary. There is absolutely no help anywhere. Can they reject what the documents I give them ? The court clerk keeps rejecting every document... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 4, 2024

sorry, i am a PI/DUI lawyer in Palm Desert and have never handled an appellate matter.

maybe call the clerk to ask for her assistance.

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Submission to court - motion to set aside dismissal of legal case against defendant. 6 documents?

Documents pursuant to CCP 473(b)

1. Notice of Motion and Motion to set aside dismissal of legal action against defendant.

2. Declaration.

3. Proposed Order to Set Aside dismissal of legal case.

4. Third Amended Complaint.

5. Proposed order for leave to file... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 4, 2024

See attorney James Arrasmith's missive below.

It appears to lay out the law and procedures accurately.

Good luck............

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4 Answers | Asked in Personal Injury for California on
Q: What factors influence the timeline for resolving a mesothelioma lawsuit, and how long does the process usually take?
Dale S. Gribow
Dale S. Gribow
answered on Mar 4, 2024

See Attorneys Danziger and Arrasmith below.

I am in Palm Desert Calif and don't handle these matters, but the lawyers below appear to cover the question accurately.

However, there are lawfirms that advertise for these cases, and I don't know anyone in the Coachella valley...
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2 Answers | Asked in Cannabis & Marijuana Law, Domestic Violence and Landlord - Tenant for California on
Q: Are there any lawyers to handle loud Noise & Smoke complaints nuisances against my neighbors in my apartment complex?

Noise and smoke complaints nuisances against my neighbors in my apartment complex causing me emotional distress and the landlord is not on my side. The noise complaint is domestic violence and yelling too.

It would have to be over the phone to explain the situation better. I'm on a... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 3, 2024

Remember, absent a lease, you are month to month and an at will tenant. That means you can leave whenever you want and they can give you notice too.

The notice is not domestic violence...unless the neighbor is your wife or such.

Whatever, it is, it will be costly to retain a lawyer...
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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Are motions intertwined, with the same Third Amended complaint?

What is correct sequence of actions if plaintiff has to ask court for leave to amend complaint; and needs to file motion to set aside dismissal against a defendant?

Can 2 motions be handled in parallel?

Should they be put in sequence?

The same Third Amended Complaint is in... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 3, 2024

I fear that because you have sent SO MANY emails to Justia about this issue, that unless one brings them all together and takes the time to analyze them, a lawyer would commit malpractice.

You obviously need to retain a lawyer who will sit down and go over everything you have asked and...
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4 Answers | Asked in Personal Injury and Car Accidents for California on
Q: How much money from $27000 settlement is paid to a lawyer with a 60% contingency fee for 3 clients?

The money was split $10500, $10000 and $7000 but my lawyer is charging each of us 50% of each split.

Something sounds off to me and does not seem like the 60% contingency fee stated in our contract.

Dale S. Gribow
Dale S. Gribow
answered on Mar 3, 2024

i have in 50 years, never heard of 60% contingency. That means the lawyer would get 60%, and your figures do not add up.

it would be very unusual for a lawyer to get 60% of the total fee.

however, your retainer controls, and I suggest you review it and ask your lawyer for an explanation.

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