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California Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Is separate hearing on Motion for Leave to file the same Third Amended Complaint is needed?

Situation.

1. Second Amended Complaint was demurred by each of two defendants.

2. Leave to File Third Amended Complaint has to be obtained.

3. Dismissal was entered against one of the defendants by Plaintiff. Plaintiff needs to file Motion to Set Aside Dismissal.... View More

James L. Arrasmith
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answered on Mar 4, 2024

Under California law, the process for amending a complaint after a demurrer has been filed involves obtaining the court's permission, especially when it comes to filing a Third Amended Complaint after a Second Amended Complaint has already been challenged. When a dismissal has been entered... View More

2 Answers | Asked in Personal Injury for California on
Q: What factors influence the timeline for resolving a mesothelioma lawsuit, and how long does the process usually take?
James L. Arrasmith
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answered on Mar 3, 2024

When dealing with a mesothelioma lawsuit in California, several factors can influence the timeline for resolution. First, the complexity of the case plays a significant role. Mesothelioma cases often involve detailed investigations into the plaintiff's work history and exposure to asbestos,... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Submission to court - motion to set aside dismissal of legal case against defendant. 6 documents?

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

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, when you're seeking to set aside a dismissal of a legal case against a defendant, the documents you've outlined are indeed crucial. The Notice of Motion and Motion to Set Aside Dismissal of the legal action is your primary document, signaling your intention to... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Motion to set aside artifacts for submission to court pursuant ccp 473(b), with required pleading.

1. Notice of motion and motion, for scheduled hearing.

2. Declaration in support of motion.

3. Proposed Order to set aside dismissal.

4. Required Amended Complaint (in this case - Third).

5. Proposed order to file Third Amended Complaint.

Which of the above... View More

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, when filing a motion to set aside a dismissal and submit an amended complaint, certain documents are essential, while others might be considered optional based on the specific circumstances of the case. The Notice of Motion and Motion for a scheduled hearing, along with the... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Motion to set aside artifacts for submission to court pursuant ccp 473(b), with required pleading.

1. Notice of motion and motion, for scheduled hearing.

2. Declaration in support of motion.

3. Proposed Order to set aside dismissal.

4. Required Amended Complaint (in this case - Third).

5. Proposed order to file Third Amended Complaint.

Which of the above... View More

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, when filing a motion to set aside a dismissal and submit an amended complaint, certain documents are essential, while others might be considered optional based on the specific circumstances of the case. The Notice of Motion and Motion for a scheduled hearing, along with the... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Are motions intertwined, with the same Third Amended complaint?

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

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, when you need to amend a complaint and also file a motion to set aside a dismissal against a defendant, these actions can indeed be intertwined, but they involve specific procedural steps. To amend your complaint, particularly after demurrers have been sustained, you typically... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Is it true statement?

CCP 473(b) is explicit that motion to set aside dismissal shall be accompanied by a pleading, thus amended complaint is required for submission of motion to set aside.

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, Code of Civil Procedure section 473(b) does provide mechanisms for relief from a judgment or order for a party who, through mistake, inadvertence, surprise, or excusable neglect, failed to respond to a legal action in time. This includes motions to set aside dismissals. The... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Can Motion to Set Aside Dismissal against a Defendant be submitted to court without submitting Third Amended Complaint?

Can Motion to Set Aside Dismissal against a Defendant be submitted to court without submitting Third Amended Complaint? (Only Motion, Declaration, Proposed Order to Set Aside dismissal)

James L. Arrasmith
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answered on Mar 3, 2024

Yes, it is generally possible to file a motion to set aside a dismissal against a defendant without simultaneously filing an amended complaint in California. Here are some key points about this:

- A motion to set aside or vacate a dismissal is a separate procedural step from amending the...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: WITHOUT or with motion for leave to file 3d amended complaint. (Prop-ed order on filing 3d amended in Motion to Vacate)

Should Proposed order to file Third Amended Complaint be included into Motion to Set aside dismissal documents submission to court,

WITHOUT including motion for leave to file Third Amended Complaint?

(Given that Motion for leave to file third amended complaint is filed separately,... View More

James L. Arrasmith
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answered on Mar 3, 2024

No, it is generally not advisable to include a proposed order granting leave to file a third amended complaint in a motion to set aside dismissal if the motion for leave to amend is filed separately and set to be heard before the motion to set aside dismissal. Here's why:

- If the...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Submission of documents to Court for Motion to Set Aside Dismissal with 3d amended complaint.

If

(hearing on Motion for leave to file Third Amended complaint is scheduled before hearing on Motion to Set Aside Dismissal,

And

there was no court's decision yet on Leave to file 3d Amended Complaint)

Then.

Should submission to court of Motion to Set... View More

James L. Arrasmith
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answered on Mar 3, 2024

When preparing to submit a Motion to Set Aside Dismissal in California, it's crucial to consider the current status of your case and any related motions pending before the court. If your Motion for Leave to File a Third Amended Complaint is scheduled for a hearing before the Motion to Set... View More

4 Answers | Asked in Personal Injury and Car Accidents for California on
Q: How much money from $27000 settlement is paid to a lawyer with a 60% contingency fee for 3 clients?

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.

Dale S. Gribow
Dale S. Gribow
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.

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Search criteria to find rule.

What search criteria should be to find on Court website California and local rules for concurrent hearing on two Motions?

Dale S. Gribow
Dale S. Gribow
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.

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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: California Rule of Court, County of Los Angeles. Chatsworth Courthouse.

Which California Rule of Court, County of Los Angeles, defines if Motion for Leave to file Third Amended Complaint, and Motion to Set Aside Dismissal against a defendant, can be submitted as one filing, and decided at the same hearing?

James L. Arrasmith
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answered on Mar 2, 2024

In California, the rules governing the filing of motions, including a Motion for Leave to File a Third Amended Complaint and a Motion to Set Aside Dismissal, are set out in the California Rules of Court. However, the specific rule that directly addresses whether these motions can be submitted as... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: How to ask court to allow 1 hearing on two motions.

How to ask California Superior court if one hearing is acceptable for two motions:

1. For leave to file 3d amended complaint; and 2. For Motion to Set Aside dismissal against a defendant.

James L. Arrasmith
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answered on Mar 2, 2024

In approaching the California Superior Court to request a single hearing for two motions, it's essential to follow a clear and formal process. Begin by drafting a request or motion that specifically asks the court to consider both your Motion for Leave to File a Third Amended Complaint and... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for California on
Q: I had a slip and fall yesterday at work. I am now experiencing a lot of pain and discomfort. Do I need to return to work

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

James L. Arrasmith
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answered on Mar 2, 2024

In California, if you've experienced a slip and fall at work and are now in pain, it's crucial to prioritize your health and safety. You are not required to return to work if you are medically unable to do so. First, seek medical attention to document your injuries and get the necessary... View More

4 Answers | Asked in Personal Injury for California on
Q: Hello my question is when I settle my Lowyer put 5200 in a aside 5200 I asked him what that was for he said Lowyer fees

He said he said lawyer fees because I had a lawyer before him that I fired so he had to get paid which was only 1000 so that means there was money left over In the paperwork for the settlement in nowhere, did it say that the left over money would go to his office I emailed him about it he told that... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 2, 2024

You pay only one attorney fee. Whatever the percentage attorney fee there is is split between the first attorney and the new attorney.

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4 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: I slipped and fell at my place of business but I had not clocked in yet. My bosses did not do an injury report

I slipped on a wet floor, no signs were displayed, no witnesses but there are cameras.

Joel Gary Selik
Joel Gary Selik
answered on Mar 2, 2024

Consult with an attorney who handles both worker’s compensation cases and personal injury third-party cases.

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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Sequence of events: leave to file third amended complaint, and motion to set aside.

1. Should hearing on third amended complaint be scheduled before hearing on motion to set aside dismissal?

2. In this sequence: can motion to set aside be filed with required amended complaint (third), after hearing on leave to file third amended complaint is scheduled, but before actual... View More

James L. Arrasmith
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answered on Mar 2, 2024

Under California law, the scheduling of hearings on motions and complaints involves a nuanced understanding of court procedures. Generally, a hearing on a motion to set aside a dismissal would not necessarily have to be scheduled before a hearing on a third amended complaint. It largely depends on... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Motions and hearing(s) - third amended complaint, and setting aside dismissal

Motion to set Aside dismissal, and Motion for leave to file Third Amended Complaint can be filed concurrently, with decision made at the same hearing? Unless two hearings should be scheduled: 1. For leave to file third amended complaint, and 2. For motion to set Aside

James L. Arrasmith
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answered on Mar 2, 2024

Under California law, it is indeed possible for a motion to set aside a dismissal and a motion for leave to file a third amended complaint to be filed concurrently and considered by the court at the same hearing. This approach allows for efficient use of court time and resources, enabling the court... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Should proposed order to file third amended complaint also be filed? (With motion to set aside dismissal)

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

James L. Arrasmith
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answered on Mar 2, 2024

Under California law, when seeking to set aside a dismissal and file an amended complaint, it's crucial to follow the correct legal procedures to ensure your motion is considered by the court. Filing a proposed order along with your motion to set aside the dismissal is a common practice. This... View More

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