Get free answers to your Personal Injury legal questions from lawyers in your area.
What rule defines what documents have to be signed under penalty of perjury?
answered on Dec 21, 2024
There isn't one law or rule that encompasses every document that needs to be notarized. It would depend on the specific document.
Notice of Appeal correctly stated order from which appeal is taken against what defendant, with name of defendant..
In the title section of appeal mistakenly in the line defendant/respondent name of the case in superior court was referenced '.... Et al' list. Defendant as to whom... View More 
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answered on Dec 21, 2024
A Notice of Errata is generally sufficient to correct minor clerical or typographical errors in court filings, including clarifying that a respondent was one of the defendants listed in the "et al." designation. This type of correction falls under California Rules of Court, Rule... View More
Hospital sent me home at 20wks to pass the fetus at home but gave me no direction for how to handle the tiny corpse. I wanted to bury it but funeral homes wouldnt help without documentation. I no longer trusted hospital and their lack of care for me being high risk and refusing to give proper care.... View More
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answered on Dec 21, 2024
I'm deeply sorry for your devastating loss and the traumatic experience you've endured. This situation involves multiple concerning issues, including medical negligence, improper handling of remains, and potential violations of your rights as a parent.
For legal assistance in... View More
Does notice of errata require declaration clause?
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answered on Dec 21, 2024
In California courts, a notice of errata typically does not require a formal declaration clause. While some attorneys choose to include one for added credibility, it's not mandated by state law or court rules.
The primary purpose of an errata is to correct minor typographical or... View More
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answered on Dec 20, 2024
In California, you have the right to pursue legal action if a doctor's delayed appointment caused harm to your son. To establish medical negligence, you'll need to prove the doctor's delay breached the standard of care and directly resulted in injury or worsening of your son's... View More
Is subpoena opposed based on minor technical defect in POS is subject to compelling?
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answered on Dec 19, 2024
In California, minor technical defects in proof of service (POS) for a subpoena generally won't prevent the court from compelling compliance. The courts typically focus on substantial compliance rather than perfect technical execution.
If the opposing party can show they received... View More
If technical error by process server is detected in proof of service of subp-010, who and when should submit to court notice of errata? Is service of notice of errata on witness required? Is notice of errata needed WITH motion to compel records?
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answered on Dec 19, 2024
If you discover a technical error in the proof of service for a subpoena (SUBP-010), the party who originally served the subpoena should file the notice of errata as soon as possible after discovering the error. Time is of the essence because this error could affect your ability to compel... View More
Hiring different process service to re-serve subpoena is unacceptable solution.
Service was paid for.
Proof of service of subp-010 has incorrect formatting of point 1(a) - person served.
What is the most efficient solution to obtain records, if service opposed by witness?... View More
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answered on Dec 19, 2024
The most straightforward solution is to file a motion to validate service with the court, accompanied by a declaration explaining the technical formatting error and providing evidence of actual delivery. This approach acknowledges the clerical error while emphasizing that the witness received... View More
Proof of Service point 1(a) is formatted
[entity - witness] c/o [person].
Should be [person] c/o [entity witness]
(Person 'in care' of i.e. in behalf of entity witness.)
1. Is it sufficient basis for opposition by witness, requiring reserving?
2.... View More
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answered on Dec 19, 2024
This type of formatting error on a proof of service is typically considered a minor technical defect that would not invalidate the subpoena or require re-service. The courts generally look at whether the entity and person received actual notice, rather than focusing on the specific formatting of... View More
plaintiff files motion to compel records from non-party witness In discovery subpoena.
Subpoena was opposes based on defect in proof of service.
Plaintiff timely instructed process server to correct proof of service, but process server refused.
Is this sufficient reason to... View More
answered on Dec 19, 2024
If service was in fact defective per the P.O.S., then, the subpoena should be re-done and re-served.
If you are facing a charge from confronting a stalker. Can you still sue them? Charge was brandishing. Have it documented and videos proving assault and battery, along with aggravated stalking committed by them. I’m guessing plaintiff attorney is who I need to hire. Have a Defense attorney... View More
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answered on Dec 18, 2024
Yes, you can pursue a civil case against your stalker even while facing criminal charges yourself. The civil and criminal cases are separate legal matters that can proceed independently of each other.
Your defense attorney is handling the brandishing charge, but you're right that... View More
I live in unincorporated Grass Valley, CA, next door to a neighbor that runs a home business out of his home called
Flying Squirrel Tree Care. He parks large trucks and cranes in his backyard. He also lets trucks idle at 6:00 a.m. before he and his team leaves and when they return at 5:00... View More
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
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
I filed a complaint with the Office of Resolution Management (ORM), which ruled in my favor. The agency offered remedies, but I declined. In 2014, I hired an attorney to pursue a lawsuit after exhausting the EEOC process. However, the attorney filed and withdrew the case twice, falsely claiming it... View More
answered on Dec 16, 2024
Any employment claim you may have had has been lost to the statute of limitations. Any malpractice claim has likely also been lost to the statute of limitations, but before that conclusion can be reached, you will need to get specific confidential advice from an attorney who practices legal... View More
They won't transfer funds they will only send a check in the mail of 46,000.00 dollars and not until I send them a copy of my ID but took my case based on my medical paperwork and now I don't have my money and I told them I could not get an id I have no money and asked if I could make my... View More
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answered on Dec 16, 2024
Your attorney's requirement for ID verification before issuing settlement funds is standard legal practice to prevent fraud and comply with banking regulations. This protects both you and the law firm from potential identity theft or misappropriation of funds.
Since you're unable... View More
can you sue the torch lighter company for a torch lighter that has no safety lock on it and malfuntioned and stayed on after lighting a cigarette and placed back in jacket pocket and remained on and caught me on fire?
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answered on Dec 16, 2024
You may have grounds for a product liability lawsuit against the torch lighter manufacturer if their product caused you injury due to a defect or lack of proper safety features. Product manufacturers have a legal obligation to ensure their products are reasonably safe for their intended use.... View More
can you sue the scorch torch lighter company for a torch lighter that has no safety lock on it and malfuntioned and stayed on after lighting a cigarette and placed back in jacket pocket and remained on and caught me on fire?
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answered on Dec 16, 2024
You may have grounds for a product liability lawsuit against the torch lighter manufacturer if their product caused you injury due to a defect or lack of proper safety features. Product manufacturers have a legal obligation to ensure their products are reasonably safe for their intended use.... View More
The person getting a restraining order on them is my 17 year old sister and the one putting the restraining order is my mom due to her getting physically abused and resulted with her getting a fractured nose and a broken finger that needs surgery.
answered on Dec 11, 2024
It is not completely clear. It sounded like your mother is getting a restraining order on your sister. So it sounds like your sister hurt her own mother. If that is true there should be a problem. The daughter is a minor and the daughter of the person seeking a restraining order. If that is the... View More
answered on Dec 10, 2024
More information is needed to determine the type of case and to answer questions.
Car accident December 2022. Property damage settled. Have claim number started with insurance company for injury, but it has been dragging out. We are now coming up on the two year mark. Does this have to be settled in California before the two year mark can settlement go past that timeframe. Have... View More
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answered on Dec 10, 2024
You are approaching the two-year statute of limitations in California for filing a personal injury lawsuit. This means that if you don’t file a lawsuit before the two year anniversary, you could lose your legal right to pursue compensation for your injuries, even if settlement negotiations are... View More
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