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Questions Answered by Gerald Barry Dorfman
2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Dental malpractice in California. Do I have a case or not? is it worth to pursue

Last August i had a tooth extracted in California by doctor A. Doctor A took a very long time, I felt a lot of pain, I felt all the sutures being done very very painfully. I also had a bone graft done that day. I had to wait 6 months for the next step which was the implant surgery. Went to doctor B... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 17, 2024

Yes, you may well have a case. Theses types of cases can be expensive, because you need an expert to testify that what doctor A did fell below the "standard of care". Start calling dental malpractice lawyers now. The statute of limitations for dental malpractice is short, and if you miss... View More

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2 Answers | Asked in Family Law and Probate for California on
Q: My eldest brother, DPOA of my father and successor trustee, bought home which was in Trust via a living estate-Legal?

He didn’t notify the beneficiaries of trust, myself and my brother, of such change to trust. We feel its breach of his fiduciary duties and self serving.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 23, 2024

If your father is alive and still capable of handling his affairs, and the trust is still revocable, then he can make any changes he wishes. If you have reason to believe he was subjected to undue influence, speak with an attorney to see if the situation can be remedied. Be prepared to provide... View More

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My husband inherited his Mom's house (handwritten will). Does he have to go through probate to get the deed in his name?

We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name?... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 18, 2024

Yes, if the current deed (that the mom had upon death) is not held in joint tenancy or designated "transfer on death", then probate will be necessary to have it put in your husband's name. The sooner he gets started the better. The City may accept his permission once he is appointed... View More

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3 Answers | Asked in Estate Planning and Probate for California on
Q: if it involves an estate in California, do I need to find an state lawyer in California or can I use one in Nevada?

Was contacted by an estate lawyer of my father’s estate apparently which she referred me to another attorney and which I haven’t got any kind of information about anything. They don’t return my phone calls or emails..

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Oct 20, 2024

For an estate in California, you need a California licensed attorney. You may be able to find an attorney in Nevada who is also licensed in California. You can try your local Bar Association to see if they have a lawyer referral service that can find you one. If not, you can try the website of the... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: If a leasing contract expires in September, do the stated rules still apply in October?

We are renting out a house. We were planning on moving out soon. We made a security deposit of $3500 when we first moved in. The contract expires on the 30th of September. We asked the landlady to use our security deposit to pay rent for just a few weeks in October while the new place gets ready.... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 28, 2024

You may not use the security deposit for rent. The purpose of the security deposit is to protect the landlord from any damages to the property, and in case you are behind on rent. If you do not pay on time, you may be given a 3 day notice, after which an unlawful detainer (eviction) action may be... View More

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3 Answers | Asked in Estate Planning, Family Law, Business Law and Probate for California on
Q: Do i have a case? and enough proof?

My dad passed away in 2023, with no will or anything to prepare for this type of event. My uncle co owned a few stores that him and my dad shared. After the passing of our father, my uncle my sister and myself all came to a verbal agreement on what would happen with my dads share in the stores. my... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 27, 2024

Your situation involves more than one area of law, including partnership, contract and probate. You can not solve such a complex situation by posting on an online forum. In fact, it is not in your interest to do so, as anyone, including your uncle and other interested parties, can see what you have... View More

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2 Answers | Asked in Probate for California on
Q: My attorney is not acting. What is wrong and should I let him go? Every contact is $1000+. I am going crazy...

I hired a law firm more than a half year ago to remove a long inacting executor / trustee. The firm assigned an attorney for me. Initially, everything was normal. However, on the day when we had tele-conference, I had a family emergency coming up. Because it was too late to cancel the appointment,... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 26, 2024

Most problems between clients and attorneys have to due with communication issues. You may be able to get back on track by taking the time to organize all your concerns, and then putting them in an email or letter. Be specific, including dates and your expectations. Request a written response, and... View More

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2 Answers | Asked in Real Estate Law for California on
Q: Seller did not disclose known defects

We have bought a house and the seller did not sisclose some of the major issues and defects with the house. I have emails and text messages documents proving the seller was aware of these items. Looking for a lawyer who can help out and get a percentage of the final settlement amount

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 6, 2024

You may have some difficulty finding representation on a contingency basis, unless the material failures to disclose are substantial. Does your sales contract have an attorney fees provision? If so, that may be to your advantage. Be prepared to show all your evidence, including any remediation... View More

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4 Answers | Asked in Estate Planning and Probate for California on
Q: My mother and her husband died, am I supposed to pay for the mortgage because I am the only one living at the house?

Sibling are making me pay the mortgage since I live in the house although the house will be sold and everyone will take a share. Are they legally right? I feel everyone should pay since they will also receive money for the equity of the house.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 19, 2024

Speak with a probate/trust attorney. There are too many facts missing from your question for it to be answered accurately in this forum. For instance, how is title held to the house? Is it in a trust? It may be that the house has to go through probate; if so, it may be a while before it can be... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: Is it “illegal” for a landlord to continue taking rent payments without signing a new lease ???

We moved in July 2016- the lease was for 1yr -didn’t sign a new lease until September 2022.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 11, 2024

No, it is not illegal. First, your original 2016 lease very likely states that at the ens of the lease, if the tenancy continues, it will be month to month. Second, even if the lease did not say so, by paying monthly, and the landlord accepting the payments, a month to month tenancy was implied.

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2 Answers | Asked in Landlord - Tenant for California on
Q: Both my ex and me are on the lease, if I put my 30 day notice, am I still liable if he doesn’t move out?

Our lease ended years ago and right now we are month to month. I moved out a few months ago but my name is still on the lease. If I put my 30 day notice, but ex doesn’t either want to renew new contract or move out with my 30 day notice, am I still liable for what happens after the 30 days? (Owed... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 8, 2024

Assuming you are "on the lease" as co-tenants, then you have the right to terminate your co-tenancy on proper written notice under Civil Code Section 1946, and would normally have no liability for rent, etc. accruing after the termination date. See Schmitt v. Felix (1958) 157 Cal.App.2d... View More

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4 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Was my mother Medically neglected when discharged with troponin 973 and died same night with cardiac arrest

I took my mom (66 years) to hospital because she had palpitation and dizziness. She had heart disease and Parkinson's. After tests and EKG, nurse came and said that the doctor has discharged us. I and my mom refused to go home because my mother wasn't feeling good. The doctor came back... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 27, 2024

Sorry for your loss. For almost every medical malpractice lawsuit, an appropriate medical professional must offer an an opinion that the care given to the patient fell below the "standard of care". A major hurdle to a malpractice suit against an emergency physician is the requirement... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: My landlord put 1935 on a 3 day notice 2 months ago and is now trying to charge me the $100.rent is 2035

They admitted that it was a problem on their end but they won’t accept my rent this month unless I pay the 100 from 2 months ago.I already paid the 1935 and they already accepted it and cashed it but now they are hounding me for $100.The 3 day notice for this month says 2135 when it should only... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 20, 2024

You are obligated to pay the true rent you owe. The amount of your rent is determined by your agreement, not the 3 day notice. The mistake, on the prior notice, stating a lower amount does not relieve you of the obligation to pay. Because you still owe $100 from the prior month, the current 3... View More

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2 Answers | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for California on
Q: I received a letter from Californi DMV that my residence address was released to law firm pursuant?

I received a letter from California DMV that my residence address was released to law firm pursuant to vehicle code section 1808.22. Then i received a letter from the same law firm stating my vehicle has a recall and it should have not been sold to me. Basically, the letter is asking me to contact... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 15, 2024

An attorney would need to read the letter to specifically advise you. Based on the limited information you have provided, it appears the law firm may be engaged in "solicitation" prohibited by the rules of professional conduct in California. It can be a rules violation if they are... View More

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3 Answers | Asked in Car Accidents, DUI / DWI and Personal Injury for California on
Q: I was injured by a drunk driver who subsequently plead guilty to felony dui with injury & having .16 blood alcohol.

The Judge sentenced the criminal defendant to 3 yrs probation & the usual penalties of a first offense misdemeanor. My victim rights have been violated & the judge sentenced the defendant incorrectly (my opinion) due to various lies, inconsistencies & incompatible statements that the... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 13, 2024

So sorry to hear of what you have been going through. There may be some measure of further justice you can obtain, but the situation is much too complicated to be solved in a question and answer forum such as this. It is unlikely you can have the sentence increased, but it is surprising that... View More

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2 Answers | Asked in Appeals / Appellate Law and Libel & Slander for California on
Q: Is it possible to appeal an appeal in the State of California?

I received a 2 year restraining order and the defendant has served me with an appeal. In the 48 page appeal, there are many points that aren't factual. Is it possible to appeal the appeal? In other words, is there a way for me to speak on what his lawyer is wrongfully stating before the appeal... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 3, 2023

You need to file a Respondent's Brief as part of the appeal (not appeal the appeal). You may also need to "supplement the record". There are time limits to do these things. Find an appellate attorney. Because this is a restraining order, you may be entitled to recover the attorney... View More

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2 Answers | Asked in Contracts for California on
Q: Location: Westminster, CA 92683 I lent a friend 150k for her business, with the stipulation that she pays 5k/month

or 50k/year for 3 years until the payment is complete. No interest.

However, she refuses to pay according to the lending paper. Can you please let me know how I can proceed to sue her for the full amount + interest or/and any attorney fees ?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 2, 2024

Have an attorney look at the written agreement in order to properly advise you. If the agreement does not have an "acceleration clause", you may have to sue for payments as they come due. If nothing is said in the agreement about attorney fees, those will not be recoverable.

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2 Answers | Asked in Civil Litigation for California on
Q: Do I have to submit to being deposed in a case I shouldn't even be a party to and waiting for a judgement on the pleadin

It s in civil court and the Plaintiff hasn't even named a cause of action in the complaint

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 2, 2024

To keep from being deposed (either temporarily or at all), you need a protective order. You will need to make a motion to the court for such an order.

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2 Answers | Asked in Real Estate Law for California on
Q: Deceased friend written will signed by x and two witness and was notarized. legal way to submit to reverse mortgage co.?

Hand written Will leaves me house and real estate that has a reverse mortgage. Need legal procedure to submit to mortgage company. Send copy or original certified mail?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 20, 2024

The original will needs to be lodged with the court. You need to start a probate case; that is how a will is carried out. Get going before things get out of hand. Start contacting probate attorneys now. The attorney gets paid at the end, although you may need to put up some money for costs.

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2 Answers | Asked in Personal Injury for California on
Q: How Plaintiff can reply to Defendant's reply to Plaintiff's opposition to Demurrer - BEFORE hearing?

Defendant demurred Plaintiff's Complaint. Plaintiff opposed Demurrer. Defendant replied to Opposition.

How Plaintiff can reply to Defendant's reply to Plaintiff's opposition to Demurrer - BEFORE hearing?

What mechanism exists to ensure that Defendant's Reply brief is answered BEFORE hearing?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 18, 2024

There is no recognized "Reply" to a "Reply". The sequence is "Motion">"Opposition">"Reply". If you think you have some reason the court should allow an unauthorized Reply, you could bring an ex parte motion for permission to file it, but that... View More

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