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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?
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... View More 
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.
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.
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
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... View More
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
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.... View More
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
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... View More
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.
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.
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
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.
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
answered on Mar 4, 2024
See attorney James Arrasmith's missive below.
It appears to lay out the law and procedures accurately.
Good luck............
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... View More
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
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... View More
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
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... View More
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.
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.
What search criteria should be to find on Court website California and local rules for concurrent hearing on two Motions?
answered on Mar 3, 2024
The 4th Amendment, as you know, covers illegal search and seizures. California, of course, follows that law.
However, it is usually discussed with criminal cases, not malpractice.
It would be best if you clarified your question.
Neither my supervisor or or Manager did an injury report do I need to return to work until a Worker’s Comp. claim is filed
answered on Mar 5, 2024
CALL A LOCAL WORKERS COMP LAWYER IN THE AM.
YOU NEED DIRECTION FROM A W.C. LAWYER, NOT A PI LAWYER LIKE MYSELF.
SEE MISSIVE BELOW BY ATTORNEY ARRASMITH WHICH APPEARS TO BE COMPLETE.
I slipped on a wet floor, no signs were displayed, no witnesses but there are cameras.
answered on Mar 2, 2024
Contact a workers comp lawyer asap...s/he may bring on a labor lawyer?
if you were an employee, it would no doubt be WC
if not it would possibly be a third-party regular slip-and-fall negligence case.
Who should I contact regarding an incident where my husband was stopped by the California Highway Patrol (CHP) and taken to jail due to an unknown warrant? My husband serves as my primary caretaker, and his absence, especially for more than a day, would significantly hinder my ability to function... View More
answered on Mar 5, 2024
IF YOU CAN AFFORD A LOCAL CRIMINAL LAWYER, SET UP AN APPT.
OTHERWISE HE SHOULD REQUEST A PUBLIC DEFENDER AT THE ARRAIGNMENT WHICH WOULD BE SHORTLY AFTER THE ARREST.
THESE WARRANTS USUALLY RESULT FROM A PRIOR INVOLVEMENT (WITH MY CLIENTS IT IS USUALLY A DUI AND THE CASE IS NOT ON THE... View More
Motion to set aside dismissal of legal action by plaintiff should be with declaration, amended complaint (third) and proposed order to grant motion to set aside.
Should proposed order to file third amended complaint also be filed? Should additional hearing for leave to file third amended... View More
answered on Mar 5, 2024
YOU HAVE PROBABLY POSTED 10-20 TIMES ABOUT THE SAME ISSUE WHICH REALLY NEEDS A LAWYER TO GO THROUGH ALL THE FACTS IN A DETAILED MANNER.
IT APPEARS YOU CAN'T AFFORD A LAWYER AND SINCE YOU KEEP ASKING IT DOES LOOK LIKE ANYONE WANTS TO ANSWER A QUESTION WITHOUT MORE INFO...AND NO ONE HAD... View More
I DONT UNDERSTAND WHAT THIS MEANS? a family member recieved this in the mail....
"INITIAL APPEARANCE VACATED/CRIMINAL ARREST WARRANT" This matter was set December , 2023 for Initial Appearance on Summons LET THE RECORD REFLECT the Defendant failed to appear before the Court at the... View More
answered on Mar 5, 2024
IT LOOKS LIKE SOMEONE DID NOT APPEAR ON THE DATE SET.
SOMETIMES, CASES ARE FILED AS A BENCH WARRANT WITHOUT NOTIFYING THE DEFENDANT.
CONTACT A CRIMINAL LAWYER OR ASK FOR THE PUBLIC DEFENDER ON ANY CRIMINAL MATTER WHERE YOU CAN'T AFFORD TO HIRE A PRIVATE LAWYER IN YOUR AREA.
Received an infraction in 2018 in California for ingesting marijuana in public. I recently got a job as an office assistant at a high school so I'm worried this will show up on my live scan check and I will be denied the job. I was never finger printed, just paid a fine.
answered on Mar 1, 2024
Tickets are infractions and show up.
Why not contact an inexpensive criminal attorney that can TRY to remove it (Expungement) from your record.
I am to expensive, but would give you a name if you can afford to retain a lawyer.
I am guessing it would be in the $750-$1500 range.
No injuries just property damage
answered on Mar 5, 2024
IF THERE IS AN ACCIDENT, THE POLICE CALL TO HAVE THE CAR TOWED.
GET YOUR CAR OUT OF THAT TOW YARD WHICH IS EXPENSIVE, AND SEND IT TO A BODY SHOP WHERE YOUR INSURANCE CO CAN EXAMINE IT...AND THEY WOULD PAY ANY STORAGE FEES AT THEIR BODY SHOP
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