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I had a saddle pulmonary embolism right after knee surgery every Dr there stated why I didn’t receive a blood thinner after surgery. The size of the embolism was the size of a chop stick ranging from my right lung arteries to my left lung arteries. I had to have surgery to remove the clot and now... View More 
answered on Dec 29, 2024
You may have a medical malpractice case if it can be shown that your doctors failed to meet the standard of care by not prescribing blood thinners after your knee surgery, leading to preventable complications like your pulmonary embolism and ongoing health issues. Consent forms don’t absolve... View More
Missinformed me during litigation "plan was denied after 24 months and he is appealing for rest" , but the plan was reinstated and in settlement they paid attorney fees. The plan just needed new medical records to verify my eglibility after 24month. No new denial or appeal, he did that... View More
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answered on Dec 27, 2024
You have the right to terminate your attorney's services at any time, and their claim about representing you indefinitely due to disability status is incorrect. You can file a complaint with the California State Bar Association regarding your attorney's conduct, particularly concerning... View More
Amended notice of appeal APP-002 should be submitted to superior court.
APP-004 should be submitted to court of appeals.
Can both Amended App-003 and App-004 be on the same proof of service APP-009?
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answered on Dec 26, 2024
While both APP-003 and APP-004 forms serve different purposes and go to different courts, they can be included on the same APP-009 proof of service form. The key is to clearly list all documents being served and their respective recipients.
When preparing your APP-009, make sure to indicate... View More
When amended form App-003 is submitted to superior court what forms must be used for proof of service?
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answered on Dec 26, 2024
For proof of service of an amended APP-003 form in California Superior Court, you'll need to use form POS-040 (Proof of Service - Civil) or form POS-050/APP-009 (Proof of Electronic Service).
The method of service determines which form to use. For traditional mail or personal delivery,... View More
In 2023 myself and my partner were wrongfully arrested and accused of theft, the case was dismissed as it was proved that my partner was scammed. The arresting investigator even admitted in court that he believed we were scammed. I lost 3 jobs because of this, my credit was destroyed as I... View More
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answered on Dec 23, 2024
Based on your situation, you may have grounds for multiple legal claims in California, including wrongful arrest, malicious prosecution, and defamation. The damages you've suffered - job losses, legal fees, credit damage, and IRS complications - are significant and quantifiable, which... View More
The proof is absolutely undeniable and the commissioner failed to address the prosecutor misconduct by not disclosing his witnesses relationship with a juror. Doctor-patient and close friand commissioner failed to address the witness perjury Is it purposely to deceive the court his relationship... View More
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answered on Dec 22, 2024
This situation appears to involve serious concerns about potential juror misconduct, witness relationships, and procedural irregularities in your case. The undisclosed connections between the juror, witness, and public defender could represent significant legal issues that may have affected the... View More
I am the defendant in a criminal case, I hired a firm that took 40,000 from us in cash we borrowed this money in loans, its been 3 years and they have done nothing I mean nothing not filed any motions they were suposed to, not requested documents or other information, hired no experts, I have had... View More
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answered on Dec 18, 2024
This situation is deeply concerning, and you have every right to be upset about losing $40,000 while receiving inadequate representation. The behavior you've described - attorneys showing up intoxicated, abandoning the case, and failing to file necessary motions - constitutes serious legal... View More
During this time, I was never able to reach my attorney or ever got return calls or emails. They canceled countless hearings without any notice when I took the day off of work to attend. The case never went to trial and settled for $300,000. The law firm took $200,000 of that amount plus... View More
answered on Dec 17, 2024
If you kept about 1/3 of your settlement, you did well. It also sounds like your attorney reduced his fee if you kept $100,000. Fees for a case of that age are frequently 40%. Even at a 1/3 fee, plus costs and medical expenses, you wouldn't get $100,000, unless the attorney reduced his fee.... View More
CCP 1008 (c) provides in relevant part. If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.
In conjunction with section 646.6(a) and section1008 (c) does... View More
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answered on Dec 16, 2024
Under California law, CCP 1008(c) does grant courts broad discretion to reconsider prior orders based on changes in law, but this power has specific limitations regarding settlement enforcement.
The court's authority to vacate a dismissal and enforce a settlement agreement on its own... 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
Friday, November 28, 2024, Ms. A, a 57-year-old female was taken to "Parkview Community Hospital" also known as "Doctors Hospital of Riverside, LLC" located at 3865 Jackson Street, Riverside, CA. Ms. A was sent via emergency ambulance by her boyfriend, with complaints of... View More
answered on Dec 13, 2024
This situation may involve both medical malpractice and an EMTALA (Emergency Medical Treatment and Labor Act) violation. Medical malpractice could be argued if the care provided fell below the standard expected, particularly regarding the lack of a gastroenterologist and potential delays in... View More
In November 2022 I paid $5000 to a lawyer to represent my friend who was in custody. The lawyer had me send the $5000 payment via Zelle.
In the end all the lawyer did was go to court one day and file a motion which ended up being denied. From that point on my friend was represented by a... View More
answered on Dec 10, 2024
You would send a certified letter asking for an accounting of the money you gave him and a refund of any money that was not used up in the amount. Even if it was a flat fee, lawyers can only keep the amount that was reasonable as per an accounting. If i charge a flat fee my retainer states that it... View More
Unlawful Detainer (UD) filed by property owners through unlicensed property manager using fraudulent DRE credentials. Key issues: manager operated illegally, misrepresented broker licensing, signed rental agreement without legal authority. Complaints filed prior to UD with DRE, Fair Housing... View More
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answered on Dec 11, 2024
A stipulation in California generally requires signatures from all parties or their authorized representatives to be valid and enforceable under CCP §664.6. The absence of signatures from the plaintiff or their legal representative raises serious questions about the stipulation's... View More
I have a retainer agreement on a contingency fee for a LTD with a policy holder for a public company and in the arbitration process . That signed retainer agreement has multiple options depends how the claim will go. The attorney sent e-mail that with claim determination outcome and in the the... View More
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answered on Dec 8, 2024
You should make sure you have written confirmation from the attorney’s office that your decision not to continue representation is on record. Ask for copies of all relevant documents, including any files or correspondence related to your claim. Request a clear, itemized statement of any fees or... View More
so 15 years ago my back was injured, i just found out about it this year (less then 3 months ago) and the hospital has worked to cover it up falsifying my records 3 times and covering it up 4 times. i lost my job my health, i need 24/7 care and many many other health related issues because they... View More
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answered on Dec 5, 2024
I'm really sorry to hear about what you've been going through. Statutes of limitations are laws that set the maximum time you have to file a lawsuit after an incident occurs. They exist to ensure that cases are handled while evidence is still available and memories are fresh, which helps... View More
Something took place which prevented action in bringing proper legal action forward at a certain time. It's something dealing with civil rights, and human rights violations.
answered on Nov 29, 2024
There are circumstances that toll the statute of limitations. A little more detail than an "intentional prevention of bringing a legal case forward" will be needed to evaluate your situation.
doctor, prior pcp, referred patient to out-of-network hospital not covered by patient's medicare.
doctor recorded on admission evidently non-existent lethal disease based only on blood test performed by hospital laboratory and "communicated" by non-existent person.... View More
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answered on Nov 27, 2024
This situation appears to involve several serious legal issues, including potential Medicare fraud, false medical documentation, and improper patient care.
The hospital's attempt to invoke the ostensible agency doctrine seems questionable here, as the facts suggest direct involvement... View More
Does inconsistency in identification of deposition officer in discovery subpoena form SUBP-010 and in Proof of Service of SUBP-010 represent valid cause to oppose subpoena?
What specific statute or rule of court defines opposition to subpoena - in general and specific to the situation.
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answered on Nov 27, 2024
Under California Code of Civil Procedure § 1985-1997 and California Rules of Court, an inconsistency in identifying the deposition officer between the SUBP-010 form and its Proof of Service could potentially be grounds for objection, though this alone may not be sufficient for quashing the... View More
Possession of a bb gun is not illegal unless banished in public and in bb view of public sight, correct?
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answered on Nov 25, 2024
Your right to communicate effectively in court is protected by the Constitution. While you can decline an interpreter if you're confident in your English skills, the prosecution may request one if they believe it's necessary for ensuring fair proceedings. You should clearly state your... View More
Without probable cause and violation of my 4th amendment rights. Unreasonable search and seizures. Soliciting interpreter/translator double jeopardy conviction and defamation false accusations. I have lost friends my family despise me worst of all my relationship with my children is estranged. Jobs... View More
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answered on Nov 24, 2024
You're dealing with a very serious situation that appears to involve multiple constitutional and civil rights violations, particularly regarding your Fourth Amendment protections and issues with law enforcement conduct.
Given the complexity of your case - involving wrongful court... View More
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