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Questions Answered by Gerald Barry Dorfman
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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3 Answers | Asked in Estate Planning for California on
Q: How much can I expect to pay for my estate planning??
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Oct 9, 2023

Estate planning can mean many different things, and the answer depends on what specifically you need or want for your situation. For example, if all you need is a simple will, the cost will be minimal. if, on the other hand, you are looking for a complex trust with multiple assets which need to... View More

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2 Answers | Asked in Contracts and Small Claims for California on
Q: I signed a contract in Washington, but moved to California. The contract violates CA state law. Is it still enforceable?

The contract in question is for an in-person dating service, which does not exist anywhere near where I now live in California. The company acknowledges that I cannot make use of their service, but they are refusing to let me cancel and demanding that I pay the full amount. California civil code... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 30, 2023

Without more facts, there is no reason to even assume a California court would have jurisdiction over the company or this issue. Even if it did, there is no reason for California law to be applied to a contract made in Washington with a (at the time) Washington resident. All that being said, to... View More

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for California on
Q: Well I've been through probate and the judge ruled Sept 6 2023 but my sibling do not want to sale or pay rent buy me out

And she's been staying in the house for about a year rent free need help

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 27, 2023

I see you are in Las Vegas. If you meant to post in the Nevada law section, try again. This information only applies to property in California. There is a simple solution, although it does take some time. You can bring a lawsuit, called a "partition action", where the court will order... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: My landlord sits on the property during the weekdays to monitor and harass tenants

He comes without appointment and demands I get off phone to talk to him

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 17, 2023

If your landlord is entering the property you rent, he must comply with the requirements of Civil code section 1954. That section specifies the purposes for which a landlord may enter the property and the written notice requirements that must be met. Whether in compliance with that section or... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: We are the owners of a residential apartment building in San Mateo County and a tenant has told us verbally they have a

mold issue. I have sent them a few text messages trying to schedule an inspection but they will not respond. Is sending them a certified letter stating I need to do an inspection the next best step?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 15, 2023

No. You need to follow the "Notice of Entry" procedures found in California Civil Code section 1954. With a matter of this importance, you really should consult with a landlord tenant attorney and have them give you the form of the notice and instructions on how to serve the notice.... View More

3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Do I have a malpractice case?

Plaquenil damaged my retinas and my rheumatologist was supposed to warn me about these side effects and he did not give me any warnings I was supposed to get regular eye exam by a ophthalmologist. Now I’m losing my sight from this drug. It was the ophthalmologist that told me to stop taking this... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 8, 2023

You may indeed have a malpractice case. The time limits to bring such a case are shorter than for regular personal injury cases. Start contacting medical malpractice attorneys now. Almost all offer free case evaluations. It would be helpful for you to have all your related medical records... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: In California are you responsible for replacing carpet that is 20+ years old in a home you only lived in for 8 years?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 8, 2023

A tenant is not responsible for reasonable wear and tear. A tenant is responsible for damages they caused. Generally, 20+ year old carpet would be worn enough for most landlords to replace, but there could be exceptions.

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2 Answers | Asked in Landlord - Tenant for California on
Q: If we paid our rental couple days in advance. I paid with cash. Two days later they fired the manager and someone else

Else took over. They said we haven't paid our rent. We show him receipts and he still says he didn't get it so we owe it. Is that legal and if not what penal code supports it

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 8, 2023

If you paid the rent to the owner's agent, it is now the owner's problem if the agent stole it. Unfortunately, if you get a 3 day notice, you will have to get prepared to fight an eviction. You should probably try to find a tenant's attorney now, because eviction proceedings move... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: Early lease termination requirements in CA

My tenant signed an year lease for the period 07/01/2023-06/30/2024 but gave me a lease termination notice on 07/23/2023 without moving in . They want to terminate the lease on 07/31/2023.

They are expecting their security deposit back.

Is there a law in California that mandates a... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jul 24, 2023

Assuming they are not terminating for valid cause, and your lease does not cover the topic, there is no provision for canceling a lease. Even in a month to month tenancy, 30 days notice is required for termination. They could be on the hook, theoretically, for the entire term of the lease.... View More

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2 Answers | Asked in Civil Litigation, Foreclosure and Real Estate Law for California on
Q: Hi I am trying to sell home before it forecloses. I was informed by title company I has a judgement from 2007. Califor

I disputed it but it remains on title report. It’s been 30 days and nothing has happened and I’m told I still owe something I know nothing about

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jul 22, 2023

If the title company won't give you a copy of the Abstract of Judgement, you will have to go to the County Recorder's office and get a copy. If you look at it and still don't know what it is about, then you will have to review the case file at the courthouse. If it truly is some... View More

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3 Answers | Asked in Probate and Estate Planning for California on
Q: I am listed on a trust. The house in trust was sold without my knowledge for 375k. Trustor offed me 75k after the fact.

Looking up probate attorneys, I'm not finding many that fight against an obvious breach of fiduciary duty. Is there a specialized area that I need to search?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jul 14, 2023

There is a subset of probate/trust attorneys that take on litigated matters. If the probate attorneys you are contacting do not litigate, many will be able to refer you to someone who does. Whether an attorney will take your matter on a contingency basis is another story. Many more will be... View More

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4 Answers | Asked in Car Accidents, Personal Injury and Products Liability for California on
Q: Failed airbag deployment in an accident, should it matter who is at fault? Shouldn't airbags deploy as designed?

2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear

ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.

VW... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 22, 2023

Of course airbags should operate correctly without taking into account who is at fault for the collision. The important factors in your situation, in addition to having an expert determine that the airbag(s) should have deployed, include which injuries would likely have been prevented or lessened... View More

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4 Answers | Asked in Landlord - Tenant for California on
Q: Can a landlord in California do annual inspections on a rental apartment?

I’ve lived here 10 years and they are new property owners. I never had annual inspections before

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 26, 2023

Civil Code section 1954 covers the landlord's right to enter a dwelling unit. It does NOT provide for general "inspections". Any provision in a lease or rental agreement purporting to have a tenant waive their rights under section 1954 is void [Civil Code section 1953(a)]. You should... View More

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3 Answers | Asked in Civil Litigation and Personal Injury for California on
Q: Any recourse for a tree trimmer that entered my yard, cut a tree, scared my wife, left gate open while rushing away?

My neighbor hired a tree trimmer to cut down a tree in their yard. Tree trimmers walked around to our side gate, opened our gate, entered our yard, cut down one of our palm trees 20 feet away from the fence line, inside of our yard, left the tree laying in our backyard, broke a sprinkler when it... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 16, 2023

You may be able to recover up to three times the value of the tree plus attorney fees, and property damage for the sprinkler and fence, as well as damages for trespass. You are more likely to be satisfied with the result if you have a knowledgeable and aggressive attorney representing you. Start... View More

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3 Answers | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for California on
Q: Can a landlord evict us over animals that're in the process of being emotional support animals but aren't registered yet

My wife was almost killed by a police K9 a year and a half ago while working for the sheriff's office. Her psychologist was suggesting she get some cats as a support animal because my wife is an animal lover, but now has a rightful fear and mistrust of dogs. Our apartment doesn't allow... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 12, 2023

You are in a difficult position. First, your lease is a contract. There did not have to be a specific discussion at the signing about pets if the lease says they are not allowed. Again, regarding that you "figured" small pets were fine: if the lease says no, you don't get to make... View More

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