Defendants failed to answer complaint for water damages to home-defective part; Defendant insurance adjuster emailed for 60 extension; plaintiff filed default after 58 days; court issued order plaintiff may be sanctioned for failure to file default; complaint filed over 100 days, Def atty filed to... View More
answered on Mar 25, 2024
In California, an attorney can indeed file a motion to strike (MTS) and a demurrer to the original complaint, first amended complaint, and second amended complaint as you've described. This can be part of a defensive strategy to challenge the legal sufficiency of the plaintiff's case. If... View More
I have been wearing her extinctions for 20 years. I've never had any problems. And I purchased this product and put it in my hair. The result was Ed extreme rash. And hair loss, I'm afraid I'm going to have to shave my hair to get these out. Because I cannot still with t. Reaction... View More
answered on Mar 5, 2024
Under California law, if you've suffered harm from a product, such as the rash, burns, and hair loss you've described from using hair extensions, you may have grounds to sue for damages. This could involve a product liability claim, where you allege that the product was defective or... View More
I recently purchased a home for the first time. Today, six months later, we experienced heavy rainfall and there was a leak from the garage ceiling. I recently learned about a one-year seller’s insurance that could cover this, but I was not aware of it at the time of purchase. My agent, who... View More
answered on Jan 22, 2024
Under California law, real estate agents owe a duty of care to their clients, which includes disclosing material information that could affect a client's decision-making in a real estate transaction. If your agent was aware of the seller's insurance that could cover such damages and... View More
my doctor didn't tell me anything about the filler before he used it and it's over a year and I'm still full of wounds, scars..he used Sculptra which once I reviewed it has many law suites for damage..it's the same company that paid $50 million to Linda Evangelista for the... View More
answered on Jan 18, 2024
Under California law, if you believe you have a medical malpractice case, it is important to seek legal assistance. In such cases, a lawyer can help you understand your rights and the potential for a lawsuit. Medical malpractice generally involves a healthcare provider's failure to exercise... View More
Which Medicare regulations impose legal liabilities on Hospital and doctors, other then FCA and Stark law?
answered on Jan 6, 2024
Under Medicare regulations, several laws impose legal liabilities on hospitals and doctors in California, besides the False Claims Act (FCA) and Stark Law.
The Anti-Kickback Statute (AKS) is crucial. It prohibits offering, paying, soliciting, or receiving anything of value to induce or... View More
Complaint and Summons that Plaintiff has to serve on Defendant will be downloadable from PACER?
Is it the same that conformed copy?
answered on Dec 24, 2023
In a federal case, once the complaint and summons are filed, they can indeed be accessed through PACER (Public Access to Court Electronic Records). PACER is a comprehensive source for federal court documents, including filed complaints and summons.
It's important to note that the... View More
Doctors state "patient Off Meds Cymbalta P4E perceived stress scale Depression only symptoms NO Ortho" "Foot IV shared needle infection failed surgery and 2007 0 radiculopathy False" 1 Cancer Vertebrae truncated pedicle screw tracks L5 malignant tumor sacral chondromas L5... View More
answered on Dec 25, 2023
In general, it sounds like you have been through a lot medically and may have grounds to appeal previous disability claim decisions or file new claims. However, disability law and medical details can be quite complex. I would suggest consulting with a patient advocate or disability attorney who can... View More
In a federal civil lawsuit, if Plaintiff files a complaint, then subpoenas a third party for documents and - before the third party can respond to the subpoena - Plaintiff then files an amended complaint, must he issue a new subpoena or is the previous subpoena still valid?
answered on Nov 8, 2023
In federal civil litigation, the issuance of a subpoena for discovery is governed by the Federal Rules of Civil Procedure. When an amended complaint is filed, it does not automatically invalidate a previously issued subpoena. The subpoena remains valid as long as the discovery sought is still... View More
After a magistrate judge issues their Report & Recommendations, my understanding is each party has 14 days to file objections. Can: (a) parties file responses to the other party's objections and, if so, how long do they have, (b) parties file replies to the responses to the other... View More
answered on Oct 27, 2023
In the federal court system, after a magistrate judge issues a Report & Recommendations (R&R), parties typically have 14 days to file objections. (a) Parties can file responses to the other party's objections, usually within 14 days after being served with the objections. (b) The... View More
We bought a dump trailer and it was defective. 10 days after we bought it the pump fell off the trailer becauae it was not properly welded. They fix it and we took it back. Then we load it and the support that holds the hydraulic bent. They supposed to fix it and they will charge us $900 . Now... View More
answered on Oct 16, 2023
Under California's Song-Beverly Consumer Warranty Act, commonly referred to as the "Lemon Law," consumers are afforded protections when they purchase goods, including vehicles, that turn out to be "lemons" or are defective. While the act primarily targets new vehicles,... View More
I have been experiencing severe and persistent pain in specific parts of my body, which I noticed is linked to a product I've been using. This product emits electromagnetic fields (EMF) exceeding 1500 microteslas (µT). I am concerned about the potential health effects of this exposure and... View More
answered on Oct 10, 2023
In California, if you believe a product has caused you harm, you may have a potential claim under product liability law. Product liability claims can be based on design defects, manufacturing defects, or a failure to provide adequate warnings. If you can establish that the EMF emissions from the... View More
product ? Should we get a Products Liability attorney in California or Oregon ?
answered on Sep 21, 2023
In a products liability case, the jurisdiction can often depend on where the injury occurred and where the defendant(s) conduct business. Given that the injury occurred in Oregon, an Oregon attorney might be more familiar with the specific laws and venues in the state where the incident took place.... View More
Check my phone and address to see if am white listed/ black or if they hack my phone theres a clown/ bozo that's a 300 boys" from the sheriff's that won't leave me alone along with his friends so called business partners I have life insurance in my name I never purchased and... View More
answered on Aug 21, 2023
Hi Erick, you probably shouldn't put private information online like your name, address and phone number. Consider deleting your question as soon as possible. As for your concerns... do you have a case worker? I know some gov't agencies have case workers. Maybe you can set up an appt. to... View More
For purposes of federal rule 26(a), or any other rule, can a defendant in a federal civil suit -- who has voluntarily entered said civil suit -- limit his personal address disclosure to Plaintiff and to the Court to a post office box as opposed to residential street address if the location of his... View More
answered on Aug 19, 2023
A defendant in a federal civil suit can request to limit personal address disclosure to a post office box, especially if the location of their residence isn't relevant to the lawsuit. This request should align with privacy concerns while still complying with the rules of civil procedure.... View More
Claim has been going on for over a year, attorney says he is waiting to receive a email to go and visit them in person, I'm on my last bit of savings.
answered on Aug 11, 2023
Generally, it is very difficult to "speed up" a case. Your attorney isn't in charge of when your medical care is over. Your attorney isn't in charge of when, if ever, the defendant or an insurance company makes a settlement offer on your case. Your attorney can file a... View More
2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear
ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.
VW... View More
answered on Jun 22, 2023
Of course airbags should operate correctly without taking into account who is at fault for the collision. The important factors in your situation, in addition to having an expert determine that the airbag(s) should have deployed, include which injuries would likely have been prevented or lessened... View More
The surgeon disclosed this happened and said he tried to remove the drill bit, but decided it was best to leave it in. Now, years later, the drill bit has disintegrated into numerous metal bits throughout my hand joints. It has created crippling pain for years. A new hand specialist says he wants... View More
answered on May 8, 2023
It might be either or both, or neither. It depends if it broke because it was defective or because the doctor did something wrong. Or was it something that happened due without negligence or defect? Experts would need to review the records. The viability of the case may depend on the nature and... View More
answered on Apr 25, 2023
If a medical apparatus caused emergency surgery resulting in a colostomy bag, it may be possible to pursue legal action against the manufacturer of the medical device or the medical professional responsible for its use.
To determine if you have a case, you would need to consult with a... View More
What kind of attorneys handle these type of claims? And how much do these claims typically go for? I have a medical bill for $10,000
answered on Apr 5, 2023
If you are seeking to file a claim for damages for emotional distress resulting from negligence but without physical injury, you may want to consult with an attorney who specializes in personal injury law. Personal injury attorneys can advise you on your legal options and the potential value of... View More
my Orthopedic prosthetic doctor gave me a leg with used parts and I'm an amputee and he told me I was going to be getting a new leg with brand new parts Medical paid for a new leg brand new parts but I have an old leg with old Parts the only thing new was the cast part and at the same time I... View More
answered on Feb 13, 2023
If you have been injured due to medical negligence, contact a medical malpractice insurer. If you have been given a used prosthetic after Medi-Cal paid for a new one, your doctor might be guilty of insurance fraud. In that case, you might want to contact Medi-Cal or the police, and then an... View More
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