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California Personal Injury Questions & Answers
3 Answers | Asked in Consumer Law, Criminal Law and Personal Injury for California on
Q: A hospital administered IV TYLENOL - ignoring that I'm allergic. What are my avenues?
Joel Gary Selik
Joel Gary Selik
answered on Feb 5, 2025

You may have a malpractice case.

Due to the expenses and nature of medical malpractice lawsuits, the extent of your harm and anticipated recovery will affect the viability of the case.

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2 Answers | Asked in Employment Law, Personal Injury, Civil Litigation and Civil Rights for California on
Q: What to do when discovery reveals that OC lied to court in their anti SLAPP motion?

Immediately after I filed my lawsuit against my employer, they filed an anti-SLAPP motion and won it in 2023, resulting in hefty legal fees for me. Recent discovery documents revealed that they lied about many of the claims they made in the anti-SLAPP motion. What can I do about this?

Brad S Kane
Brad S Kane
answered on Feb 5, 2025

If the information directly contradicts Opposing Counsel's representations, then your attorney should file a motion for reconsideration. You need to move quickly as there are often time limits for when newly discovered evidence can be used to move for reconsideration.

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Is there legal remedy for one exposed to mold, in a county facility, then giving meds that caused internal damage?
James L. Arrasmith
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answered on Feb 3, 2025

You may have grounds for legal action given the complex nature of your situation involving both premises liability (mold exposure) and potential medical negligence. This type of case could fall under multiple areas of California law, including government liability since the incident occurred in a... View More

2 Answers | Asked in Personal Injury for California on
Q: I dropped off my dog at Petco for grooming. When I picked up the dog she had it cut that required five Staples.
Michael S. Nakh
Michael S. Nakh
answered on Feb 1, 2025

Hello Justia User From San Francisco,

You possibly could recover an amount from Petco because this could have happened due to Petco's negligence. For example if they did not properly train an employee, if they hired an employee with a bad history, did not let go of an employee who had...
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1 Answer | Asked in Animal / Dog Law and Personal Injury for California on
Q: I dropped off my dog at Petco for grooming. When I picked up the dog she had a bad cut which required 5 staples
James L. Arrasmith
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answered on Feb 1, 2025

Your situation sounds distressing, and I understand you must be worried about your beloved pet. The injury your dog sustained during what should have been a routine grooming visit is unacceptable.

You should immediately document everything about the incident, including photos of the injury,...
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1 Answer | Asked in Personal Injury for California on
Q: Hello, my father caught Covid and was put in the ICU. He has had oral cancer so his mouth is very raw they butchered his

mouth during suction and nose to the point of extensive bleeding sores also going through his nose, causing extreme harm with more blood. They were very careless as they thought he was going to pass. He did not I have photos. He also has a lesion on his face from their neglect.

James L. Arrasmith
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answered on Jan 31, 2025

I'm truly sorry to hear about the difficulties your father is facing and the pain this situation has caused you both. It sounds like his treatment has led to further harm, and you are understandably feeling overwhelmed by what has happened.

You might consider gathering all available...
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1 Answer | Asked in Personal Injury for California on
Q: If plaintiff files a CM-020 in civil personal injury case , does plaintiff have to serve defendant with that filed form?

Plantiff will file CM-020 more than 4 months before hearing date.

Defendant has not been served with any notice of complaint.

Case being heard in Alhambra Superior Court, Los Angeles County

James L. Arrasmith
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answered on Jan 30, 2025

Yes, you need to serve the defendant with the CM-020 Notice of Case Management Conference. This form informs all parties of the scheduled conference date, time, and location, making it a crucial document for proper notice.

In California civil cases, particularly in Los Angeles County...
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1 Answer | Asked in Personal Injury for California on
Q: If plaintiff files a CM-020 in civil personal injury case , does plaintiff have to serve defendant with that filed form?

Plantiff will file CM-020 more than 4 months before hearing date.

Defendant has not been served with any notice of complaint.

Case being heard in Alhambra Superior Court, Los Angeles County

James L. Arrasmith
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answered on Jan 30, 2025

Yes, you need to serve the defendant with the CM-020 Notice of Case Management Conference. This form informs all parties of the scheduled conference date, time, and location, making it a crucial document for proper notice.

In California civil cases, particularly in Los Angeles County...
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3 Answers | Asked in Personal Injury for California on
Q: Can I sue attorney statutes of limitations? may 31,of 2024 I tripped &fell on dec2024 I got a call no longer rep

I’m still suffering broken nose 5 stitches facial injuries concussion ringing in my ears my front dentures have to be replaced and need surgery to my nose by Kaiser permanent

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jan 27, 2025

Attorneys can withdraw from a case... just like clients can fire attorneys. So why are you suing your attorney? If you were injured on private property you are still within the 2 year statute of limitations. Claims against public entities must be filed within 6-months. If your attorney failed to... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: What type of Lawyer would I need? Received a Plastic surgery procedure without knowledge of or any kind of consent

Received a major surgery from a plastic surgeon without informing me verbally or in writing. It is not on my receipt and I never signed anything.

Left me in constant pain ( now@7 months) & what looks like 3 vertical scars on my stomach which are painful & restrict movement. The... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 27, 2025

It would be either or both medical malpractice or breach of contract. It would be best to, first, consult with experienced medical malpractice attorneys.

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3 Answers | Asked in Divorce, Family Law, Personal Injury and Civil Litigation for California on
Q: Can I Extend Discovery Response Deadline to 50 Days Instead of 30??

I am planning to send discovery requests to the opposing party, asking for bank statements, income documents, and tax returns. I would like to give the opposing party 50 days to respond instead of the standard 30 days, aiming to weaken any potential "burdensome objections" they may raise.... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 26, 2025

There is no rule preventing it but, as the code provides 30 days, a letter accompanying the request offering the 50 days may be better.

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5 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: My electrophysiologist ablated the wrong atrial node causing a full heart block and now i require a permanent pacemaker

I had SVT (supraventricular tachycardia). About nine months ago, i underwent a cardiac ablation to treat it. The electrophysiologist made a mistake and ablated the wrong node. What started out as an outpatient procedure landed me in the ICU for a week. I now require a pacemaker the rest of my... View More

Eliza Jasinska
Eliza Jasinska
answered on Jan 23, 2025

Under California's Medical Injury Compensation Reform Act (MICRA), you may have legal options to pursue a medical malpractice claim against the electrophysiologist and healthcare providers involved. You could seek compensation for the lifelong need for a pacemaker, reduced quality of life, and... View More

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2 Answers | Asked in Personal Injury, Civil Litigation and Domestic Violence for California on
Q: form do I use to file an Intentional Infliction of Emotional Distress lawsuit
Joel Gary Selik
Joel Gary Selik
answered on Jan 20, 2025

You can use the California Judicial Counsel Forms for a personal injury with proper language added. The reference librarians at the local law library may help point you to the right resources.

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2 Answers | Asked in Personal Injury and Civil Rights for California on
Q: I WAS TREATED WITH EXCESSIVE FORCE BY A LAKE ELSINORE POLICE OFFICER AND AM NOW LEFT WITH BROKEN HARDWEAR IN MY SPINE

I WOULD LIKE TO KNOW WHAT I CAN DO TO PERSUE LEGAL ACTION AND IF THERE ARE ANY LEGAL AIDE OFFICES THAT WOULD ASSIST WITH THIS KIND OF CASE

Joel Gary Selik
Joel Gary Selik
answered on Jan 20, 2025

You may have a case. Consult with experienced attorneys.

Note, when suing a governmental agency in California, there is a 6 month notice requirement.

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1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: Police filed assault as a 'traffic collision' & withheld report until statute expired. Can I sue the police?

Intentional hit-and-run and police obstructed justice preventing investigation/arrest by filing it as a traffic collision, and withheld the report until criminal statute expired effectively protecting them from any accountability. My complaint to the department of police accountability got me... View More

James L. Arrasmith
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answered on Jan 20, 2025

Yes, you can potentially pursue legal action against the police department through a civil rights lawsuit under Section 1983 for violating your constitutional rights. This could address both the obstruction of justice regarding the hit-and-run investigation and the retaliatory arrest.

You...
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1 Answer | Asked in Personal Injury and Landlord - Tenant for California on
Q: Need to confirm the paperwork and process to file a lawsuit for 3,000,000. Unable to find an attorney to take the case.

My statutes of limitations ends on January 23rd. It's my understanding that I have to notify them of my intention to sue them. How do I do this to satisfy the court and can I do it myself? Then can you inform the documents that need to be filed. I am suing for being wrongfully arrested.... View More

James L. Arrasmith
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answered on Jan 20, 2025

For a civil lawsuit of this magnitude in California, you'll need to file specific documents with the Superior Court in the county where the incident occurred. First, you must serve the defendant with a written notice of your intention to sue - this can be done through certified mail with... View More

2 Answers | Asked in Personal Injury for California on
Q: I got my arm broke by a drunk person In a parking lot with security. Can I sue security for not helping out?
William John Light
William John Light
answered on Jan 18, 2025

Maybe. It depends on how long the drunk person was there, and whether he had previously displayed any danger to third parties, like yourself. Not every drunk person is likely to break your arm. Other factors may be important as well.

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1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for California on
Q: My son was subjected to an illegal search and seizure of his person and property and then illegally arrested.

We proved in the suppression hearing with body camera recordings that the officers were very aware that they were illegally arresting him, and did it anyway. What is his legal recourse to these egregious actions?

James L. Arrasmith
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answered on Jan 18, 2025

Your son may have grounds for a civil rights lawsuit under Section 1983 of the Civil Rights Act, which allows individuals to sue government officials who violate their constitutional rights. The body camera evidence showing the officers' awareness of their illegal actions strengthens your case... View More

3 Answers | Asked in Criminal Law, Personal Injury and Civil Rights for California on
Q: My son was subjected to an illegal search and seizure of his person and property and then illegally arrested.

After almost a year in jail his case was dismissed after we proved the officers illegally arrested him. What recourse does he have for this egregious matter?

David W Gammill
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answered on Jan 18, 2025

Depending on the detailed facts, he may have a civil rights case against the government. Contact a lawyer who handles civil rights and police misconduct cases asap as you are against deadlines.

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1 Answer | Asked in Civil Rights and Personal Injury for California on
Q: Can I Santa Clara county for negligence well I was living at the intrim housing the county has done nothing to help me

Santa Clara county placed me in interim housing while I awaiting for my housing . I was assaulted and raped and was treated as if I was at fault I was moved off site while the perp stayed until the following Mon the facility failed cooperate with the

police shortly after the assault... View More

James L. Arrasmith
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answered on Jan 18, 2025

I'm so deeply sorry to hear about the traumatic experiences you've endured - no one should ever have to go through such horrible violations of safety and trust. Your safety and well-being are paramount, and it's completely understandable that you're feeling scared and... View More

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