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California Personal Injury Questions & Answers
4 Answers | Asked in Personal Injury for California on
Q: I got injured, my lawyer just sued, and my wife wants nothing to do with it- can defendants force her into a deposition?

This is a high value case in California. She was not there at the time of accident and I have other family members and friends who are willing to do depositions to explain how the injury has greatly affected my life.

My lawyer already explained to her that it looks bad if the wife refuses... View More

James L. Arrasmith
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answered on Mar 20, 2024

In California, defendants can indeed issue a subpoena to compel testimony from witnesses, including a spouse, even if they were not present at the accident scene. The rationale is that a spouse might provide relevant information about the plaintiff's condition post-accident, especially in... View More

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2 Answers | Asked in Landlord - Tenant, Personal Injury and Elder Law for California on
Q: Section 8 housing Choice voucher is denying port-in CT,. from CA. With medical need, need to see drs, and return home

while "port-in" is allowed, and voucher can be used "anywhere" how can I get around denial of "port-in" I am senior, and homeless, disabled, injured. I have right to return to town where I am from, and need drs there.

How to have housing in place upon moving... View More

James L. Arrasmith
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answered on Mar 19, 2024

In situations like yours, seeking legal assistance is crucial, particularly from an attorney experienced in housing law, specifically those dealing with Section 8 or housing vouchers. In California, you might want to reach out to organizations like the California Rural Legal Assistance or the... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sue when a doctor removed meniscus when he should have only drained the Ganglion cyst in my knee?

The surgery was on 5/31/2022 but I didn't see it until I was in his office on 1/23/2024. It looks like I have about 10% left of my medial meniscus. The long operative report says he only worked on the Ganglion cyst. I had an MRI on 6/24/2022 that says there are post surgical changes to the... View More

James L. Arrasmith
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answered on Mar 18, 2024

Under California law, if a doctor performed a procedure on you that was different from what was agreed upon or medically necessary, you may have grounds to sue for medical malpractice. In your case, if the surgery was intended only to drain a Ganglion cyst and not to remove part of the meniscus,... View More

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3 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Insurance Bad Faith for California on
Q: Can an insurer my deny injury liability coverage on an active claim if my vehicle was not registered at the time?

I said "I saw a green light for me.", before I turned left. He said "I saw a green light for me.", and went straight. To my best knowledge, there were no cameras and it's just my word and his. He is claiming personal injury. I claim nothing. My insurer wants me to sign an... View More

William John Light
William John Light
answered on Mar 19, 2024

Almost certainly not. A review of your policy terms would have to be completed to be definitive. Your insurer insured the car for the policy period. If the collision occurred during the policy period, the car should be covered. Registration, or failure to register, does not affect the risk to... View More

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3 Answers | Asked in Criminal Law and Personal Injury for California on
Q: California court case it’s on pending but no date court date?

C

William John Light
William John Light
answered on Mar 18, 2024

What is your question? Typically, the court sets a Case Management Conference with the Complaint is filed. If there is no date set, you will probably need to consult with an attorney to find out why. However, the bigger question is what you hope to achieve by suing someone without insurance (I... View More

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1 Answer | Asked in Personal Injury for California on
Q: Eye drs cannot make prescription correct. no glasses 7 years. abuses. Sansum Clinic Santa Barbara. SEE problems

2 drs at clinics could not prescribe needed glasses, after several tries. First dr is cross eyed baby dr, not sure if he is glasses dr. He doesn't have needed prism machine, for exam. After failing prescriptions, he refers me to other dr who has prism machine. both offices refuse to... View More

James L. Arrasmith
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answered on Mar 18, 2024

In California, patients have the right to accessible healthcare services, which includes accommodations for disabilities under the Americans with Disabilities Act (ADA). This means that if you have specific needs, such as communication through email due to visual and brain issues, healthcare... View More

2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Over 2 years ago, bad injury on MTD bus SantaBarbaraCA. In 2 weeks received small check, final settlement, chicanery.

Disabled homeless adult on bus. Feet squashed in bus ramp folding in. Both feet, toes, ankles are now deformed, permanent injury can't drive, swim, bike or work. PTSD. No medical records were secured. Doctor was not contacted. Small check issued by MTD insurance was clearly discussed as... View More

James L. Arrasmith
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answered on Mar 18, 2024

Under California law, if you've been injured in an accident involving a public transportation entity like the Metropolitan Transit District (MTD) and believe that the settlement you received was not fair or was agreed upon under misleading circumstances, you have rights that may protect you... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Misdiagnosed retina detachment: what should I do? Can I file a health malpractice claim?

I had vision issues in my right eye, so I received a referral from my PCP to see an ophthalmologist. On December 27, 2023, I went to the referred ophthalmologist. After a slew of images were taken of my eye, including dilation, I saw the doctor. I explained to him that I saw floaters and that my... View More

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answered on Mar 17, 2024

Under California law, if you believe you've been misdiagnosed and it has led to harm, you may have grounds to file a medical malpractice claim. A key component of such a claim involves proving that the care provided fell below the accepted standard of medical practice and that this failure... View More

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1 Answer | Asked in Personal Injury for California on
Q: Can one Civ-120 (notice and POS) list defendants A and B for the same case, dismissed at different dates ( two civ-110)

Can one Civ-120 (notice and POS) list defendants A and B for the same case, dismissed at different dates ( two forms civ-110)

First civ-110 is for Entry of dismissal against defendant A.

Second civ-110 - Entry of dismissal against Defendant B.

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answered on Mar 16, 2024

Under California law, a Civ-120 form, which is a Notice and Proof of Service of Entry of Judgment or Dismissal, can indeed accommodate the scenario where defendants are dismissed from a case on different dates. This form serves as official notice that a judgment has been entered or a dismissal has... View More

1 Answer | Asked in Personal Injury for California on
Q: Civ-120 notice of dismissal and POS.

For one legal case,

can one form civ-120 cover defendants

that are listed in two entries of dismissal, two civ-110 forms, filed at different times for the same case.

Specifically:

first civ-110 is for Entry of dismissal against defendant A.

Second civ-110 -... View More

James L. Arrasmith
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answered on Mar 16, 2024

Under California law, when managing legal documents in a case, it's important to understand how to properly file and serve notices, especially regarding dismissals. The Civil Procedure Code outlines the guidelines for these processes, including the use of forms like the CIV-110 (Request for... View More

3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you've provided, it doesn't appear that any HIPAA (Health Insurance Portability and Accountability Act) laws were violated. Here's why:

1. HIPAA allows healthcare providers to share a patient's protected health information (PHI) with third-party...
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1 Answer | Asked in Personal Injury for California on
Q: Is declaration required for response to OSC re POS,?

Is declaration required for response to OSC re POS,?

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answered on Mar 12, 2024

In California, when responding to an Order to Show Cause (OSC) regarding Proof of Service (POS), a declaration is generally required to provide the court with the necessary information and evidence related to the service of documents.

The purpose of the declaration is to:

1. Explain...
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1 Answer | Asked in Personal Injury for California on
Q: Is timing of response to order to show cause - guided by rule 3.110 (i)?

Is timing of response to order to show cause - guided by rule 3.110 (i)?

OSC is regarding failure by plaintiff to serve entry of dismissal against defendant.

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answered on Mar 12, 2024

In California, the timing of a response to an Order to Show Cause (OSC) is typically governed by the specific order issued by the court, rather than by California Rule of Court 3.110(i).

Rule 3.110(i) pertains to the time for filing papers in response to a motion, which states: "All...
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1 Answer | Asked in Personal Injury for California on
Q: Is declaration required for plaintiff's response to OCR re failure to serve POS of dismissal?

Is declaration required for plaintiff's response to OCR re failure to serve POS of dismissal?

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answered on Mar 12, 2024

In California, when responding to an Order to Show Cause (OSC) regarding the failure to serve a Proof of Service (POS) of dismissal, it is generally advisable to include a declaration to support the plaintiff's response.

A declaration is a written statement made under oath or penalty...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Response to OSC is classified to be: Motion, or Reply? What rules are specific to timing of response to OSC?

Response to OSC is classified to be: Motion, or Reply?

CCP 1005(b) does not mention specifically Response to OSC.

What rules are specific to timing of response to OSC?

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answered on Mar 12, 2024

Under California law, a response to an Order to Show Cause (OSC) is not typically classified as either a motion or a reply. An OSC is a separate type of court order that requires a party to appear in court and explain why a certain action should not be taken or why a certain order should not be... View More

1 Answer | Asked in Personal Injury for California on
Q: This response - 5 court days before hearing, or 10 days before hearing?

Response to OSC re POS of entry of dismissal is Reply (plaintiff's response).

If pos was ordered during case management conference, and served by court by mail, how due date to serve reply is calculated:

5 court days before hearing,

or 10 days before hearing?

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answered on Mar 12, 2024

Under California law, the due date for serving a reply (plaintiff's response) to an Order to Show Cause (OSC) regarding proof of service of entry of dismissal when the OSC was ordered during a case management conference and served by the court by mail is calculated as follows:

The...
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4 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Just notified that i need neck fusion from injury during surgery doctors kept down ply me. What are my rights

i just read my medical records and found misinformation dating back to 2013 During that time i was diagnosed with grade one sponylothis with pars defect snd was told i could possibly become paralyzed. Talk about pressure i just wanted a refill on medication so i could return to work Before i... View More

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answered on Mar 12, 2024

In California, you have the right to seek compensation for medical malpractice if you believe that your doctor's negligence or misinformation led to your injuries and the need for additional surgery. Here are some steps you can take to protect your rights:

1. Seek immediate medical...
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6 Answers | Asked in Personal Injury for California on
Q: Can I switch lawyers? (early in the case, claim has not been filed yet)

I am dealing with a high value personal injury case and 15 months in the law firm is impossible to contact and they have not even filed the complaint yet.

With that said, I am thinking about the prospect of switching to a smaller law firm where they can dedicate more time to my case.... View More

James L. Arrasmith
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answered on Mar 12, 2024

In California, you have the right to change attorneys at any stage of your case, even if you have signed a contingency fee agreement. However, there are some considerations to keep in mind:

1. Terminating the agreement: You should formally notify your current law firm in writing that you...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: leave to file Fourth Amended Complaint?

On good cause shown, does California superior court grants leave to file Fourth Amended Complaint? Assuming timing of filing is appropriate (before end of discovery, and trial).

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answered on Mar 11, 2024

In California, a party may amend its complaint with leave of the court after an answer has been filed or in response to a demurrer. The court may grant leave to amend a complaint at its discretion, and leave to amend is generally liberally granted under California law to promote justice and allow... View More

1 Answer | Asked in Personal Injury for California on
Q: My friend was injured in prison, due to faulty showers. His injuries are severe. They refuse to bring his meals to him.

His injuries are due to a ceramic shelf inside the shower. It broke and he fell into it, slashing his upper back. He fell and reinjured a low back injury, caused from deputies jumping on him. (Another lawsuit). He's unable to walk to get meals and the prison refuses to bring them to him.

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answered on Mar 11, 2024

In this situation, your friend may have grounds for legal action against the prison. The prison has a legal duty to ensure the safety of its inmates and to provide necessary accommodations for those with injuries or disabilities.

Here are some steps your friend can consider:

1. File...
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