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Questions Answered by Glen D. Duvel
1 Answer | Asked in Civil Litigation for California on
Q: Is an economist necessary in a general civil case? If yes what is the normal cost

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Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

Unfortunately, the answer is, it depends. If the case is one where damages are straight forward to compute, an expert economist is not needed. If complex future damage calculations are required, or the other side has retained an economist, than an expert economist should be used. Fees range... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: HOW DO I FIND OUT WHAT AMOUNT I RECIEVE FROM MORALES VS. ARAMARK CLASS ACTION SETTLEMENT
Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

Contact the Claims Administrator for the case. A while ago, you must have received a Notice of Class Action, wherein you were told to submit a claim to a certain place by a certain time, etc. The place you sent the claim to is the Claims Administrator, and there should be an 800 number or contact... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: What happens if the defense witnesses don't appear for trial?
Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

If the defense witness does not appear at trial, the court will do one of a few things, depending on the judge and the reason for the non-appearance. Most likely, the court will order that the trial proceed without that particular witness. If the witness was subpoenaed and still did not appear,... Read more »

1 Answer | Asked in Business Formation for California on
Q: Creating articles for a CA corp. Is there a Corp Code Sec that limits liability for directors, officers or agents?
Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

If you file an Articles of Incorporation with the State, and also prepare proper corporate bylaws and minutes, the directors and officers should be shielded from personal liability if the corporation is sued. To maintain your separateness from the corporation so as not to be personally liable, the... Read more »

1 Answer | Asked in Probate for California on
Q: Can a Conservator of the Person and Estate link their personal account to the Conservatorships account?
Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

A Conservator of a person has a fiduciary duty to ensure that all actions taken by the Conservator are only in the best interests of the person for whom they are the Conservator for. One issue that should never occur os the comingling of bank accounts, particularly the Conservator's personal... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: HOW DO REQUEST A CONTINUANCE IN CIVIL COURT AND HOW LONG CAN I REQUEST?

A PROCESS SERVICE GAVE PAPERS TO SOMEONE WHOM DID NOT GIVE THEM TO US AND I JUST FOUND THEM IN A PILE OF PAPER I WAS READY TO TRASH AND THERE IS NO WAY WE COULD APPEAR THE 1ST WEEK IN 2011

Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

Not sure what hearing or event is scheduled for the first week in 2011. If you are scheduled to appear in court on a particular date, I would call both the other attorney as well as the courtroom itself and explain the circumstances. I would attempt to see if the other attorney would agree to... Read more »

4 Answers | Asked in Real Estate Law for California on
Q: Can real property ( a home) be transferred to a minor in California? If yes what the process?
Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

No. A minor can not hold title to real property, just as a minor can not lawfully sign a contract or be bound to a contract if he signed it. Such a contract would be voidable. Once the minor attains the age of majority (18), the property can be transferred to him via a Grant Deed or Quitclaim... Read more »

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1 Answer | Asked in Uncategorized for California on
Q: What happens if a witness refuses to sign a subpoena?
Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

A person served with a subpoena is not required to sign it for it to be valid. I subpoena for a witness identifies a particular place, date and time the witness is to appear, and once served, he must comply, whether he wants to or not. If he does not comply, the court may issue a bench warrant... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: Do I need an attorney for a "Memorandum of Costs After Judgement, Declaration of Interest" notice?
Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

Depends a bit. I believe you should always have a lawyer. However, if you were the winning party, than filling out the Memorandum of Costs Form is not too difficult, and you could likely do it yourself if you know what the exact costs were. If you were the losing party, you may want to have a... Read more »

1 Answer | Asked in Elder Law for California on
Q: I have POA for my father who has dementia. My brother was named as alternate. brother is unstable. How can I resign?

Can I resign as POA for my father who has dementia (without going through probate court) if the alternate listed in the POA is unsuitable?

Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

If you want to resign, and the only other alternate is unsuitable, you must first look to the power of attorney document itself to see if it provides instructions for resignation. If none exist, or such a resignation would only empower your brother, would need to petition the court to resign and... Read more »

1 Answer | Asked in Employment Law for California on
Q: How is Family Medical Leave Act enforced by courts? What is the procedure for filing? Federal court? Do I need a lawyer?

The supervisor has admitted feeling that "trust was breached" as a result of me taking FMLA leave and also quoted "once it is violated, trust is hard to get back". Constant harrassment and intimidation tactics employed against me despite 3 consecutive shining evaluations (annual).

Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

The FMLA are a set of laws in place governing, among other things, an employee's right to leave from work and an employer's obligation to provide employee's leave from work. Your pontential lawsuit would be termination or constructive discharge based on retaliation in violation of... Read more »

1 Answer | Asked in Employment Law and Civil Litigation for California on
Q: Is prematurely and improperly served 3 days notice to pay or to quit good enough grounds to file a motion to quash?
Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

It depends why you feel it was premature and improper. However, if you were improperly served, (served someone else, documents fatally flawed, etc.) than a lawsuit cannot officially commence. However, if you file a motion to quash, when you show up to court to argue it, you may then just get... Read more »

2 Answers | Asked in Personal Injury for California on
Q: I had a ricotta cheese sandwich at a restaurant that tasted "off." I didn't get sick, but could I report them?
Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

Since you did not get sick, "reporting" them would not be necessary. It is possible that their food is just not very tasty, or someone else unrelated to the ricotta cheese. If you were truly displeased, you should have informed the restaurant while you were there, and if you are... Read more »

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2 Answers | Asked in Personal Injury for California on
Q: CAN I FILE A PERSONAL INJURY CLAIM AFTER THE STATUE OF LIMITATIONS
Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

Generally no. There are some exceptions, particularly in medical malpractice cases, where often times it is a while before you discover that malpractice was committed. Other situations include active concealment or fraud by and defendant, as well as periods of mental incapacity by the potential... Read more »

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2 Answers | Asked in Personal Injury for California on
Q: Hi, can you help , I had surgery in Jan of this yr & discovered a surgeon removed fallopian tubes no knowledge/consent
Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

It depends on what your scheduled surgery was for, and whether the need to remove them was life saving, etc. I cannot know why based on the information you ovided, however, you need to be aware that the statutue of limitation, although 2 years personal injury matters, is ONLY 1 YEAR in medical... Read more »

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1 Answer | Asked in Personal Injury for California on
Q: Do I have to pay all of the court fees and medical bills if loose a case ?

I had an accident at kmart almost 3years ago the lawersend me an offer of 5000 and out of that he said I would have too pay my lawyer fees and all medical bill.the letter also said if I did not accept the offer I would have too go to court and if I lost the case and I would have too paid all off... Read more »

Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

From the $5000 offered to you, you were required by contract to repay medical bills (although your lawyer can make several different arguments to reduce those bills) and through your retainer agreement with the lawyer to pay his fee (via contingency I presume). If the $5000 offer is not enough to... Read more »

2 Answers | Asked in Personal Injury for California on
Q: Can i sue ambulance company for taking me to wrong hospital? I asked for VA and they took me to nearby hospital
Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

An ambulance is not a shuttle service, and may not be obligated to take you to a hospital you want to go to. If may have been more important to get you to a hosptial for treatment than to take you where you wanted to go. It sounds like it may be difficult to prove damages, or that the ambulance... Read more »

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1 Answer | Asked in Personal Injury for California on
Q: Son got whip lash on ride at waterpark in ca. was looking for someone to represent him hes still going to theropy if

If your unable to do you know how i can get the regulations for the tube at waterparks so i can represent mys son in small claims. this happened in aug of this year. joshua anderson 909 4950574

Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

It is not automatically the water park's fault that your son got whiplash. It is important to understand how/why the accident happened. Assuming your son was in the correct possition as instructed, etc., while using the ride, he could have a claim if the design of the ride is inherently... Read more »

1 Answer | Asked in Employment Law for California on
Q: I have recently found out about a debt to the Office of Personel Management that was not disclosed to me for over 20 yrs
Glen D. Duvel
Glen D. Duvel answered on Dec 18, 2010

It is difficult to answer the question based on the limited information provided. What is/was your relationship to the Office of Personel Management? 20 years is a long time, and any sort of statute for misrepresentation or fraud has elapsed, unless, possibly, there were proactive and ongoing... Read more »

1 Answer | Asked in Personal Injury for California on
Q: Where can I get annotated code sections of California Civil Code?
Glen D. Duvel
Glen D. Duvel answered on Dec 16, 2010

There may be some websites that contain the annotated version of the codes, but typically they are just the codes themselves. Absent purchasing an annottated code, you should go to your local law library. There you can view all the annotated codes without having to purchase them.

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