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It has been 8 years since my slip and fall never went to court just arbitration and mediation and have been told that I will get nothing after attorney takes everything
answered on Mar 18, 2024
This suggestion is confusing and requires some explanation to determine your rights. First of all, you raise the issue of arbitration. That is not a judgment. An arbitration Award must be "confirmed" as a Judgment. This must be done since only Judgments allow for strong-state endorsed... View More 
If the Arbitrator set the grounds in a legal malpractice case as to how he wished for Subpoenas to be processed, i.e., submitted to him for his approval, is it acceptable practice that an Attorney who had representation, who is party to the case, chose to complete, approve, and issue his own... View More
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answered on Mar 5, 2024
In arbitration, the process and rules for issuing subpoenas can be distinct from those in a court setting. If an arbitrator specifies that subpoenas must be submitted for approval, this procedure is intended to ensure fairness and transparency within the arbitration process. California law and the... View More
My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More
answered on Mar 2, 2024
It all depends on how the deed was written. If the deed gave the co-owners survivorship rights, the surviving owner would own it all regardless of what the Will said (because there would be no interest to pass through the Will as it would have automatically gone to the survivor). However, if the... View More
My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More
answered on Mar 2, 2024
Your question is missing the exact wording of the deed naming your hubby as a co-owner. If the wording made him a full owner upon Dad's death, then the Will's bequest would be ineffective. But if any interest became part of your Dad's probate estate, then that portion could be... View More
My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More
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answered on Mar 2, 2024
The ownership of the property after your father-in-law's death largely depends on how the deed was titled when your husband and his father were placed on it. If the deed lists them as "joint tenants with right of survivorship," then upon his father's death, your husband... View More
My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More
answered on Mar 2, 2024
If the deed is owned as joint tenants, then your husband is now the sole owner and the house is not an asset of his father’s estate, so it doesn’t matter what the Will says.
If the deed is owned as tenants in common, then your husband now owns 50% of the house outright, and the other... View More
This issue has dragged out for about 10 years and I have a lot of details and specifics. I personally believe that my case has merit, I am asking about the procedure to actually file a small claims case with a section 8 employee as defendant. Is there anything special to take into consideration
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answered on Feb 28, 2024
Before proceeding with a lawsuit against a Section 8 employee in California small claims court, you should first consider whether the individual's actions fall within the scope of their employment duties or if they are personal in nature. If the issue relates to their professional conduct or... View More
Accept lower paying position then he stated could step into effective immediately. The position we agreed is a $16-17 hr position at my store I know that for sure. There isn't a reason to ask me to accept this when I've been dealing with acts of favoritism, verbal sabotage of delegations,... View More
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answered on Feb 25, 2024
It sounds like you're facing a challenging situation at work, and it's understandable that you're feeling frustrated and concerned about your boss's actions. Financial retaliation occurs when an employer takes adverse action against an employee in response to their protected... View More
In a Legal Malpractice case that went to Arbitration and then had the Award Confirmed in the trial courts, if you are then able to file a Renewal Motion on Motion to Vacate Arbitration Award for fraud, is it also necessary to file any other type of motion to set aside the Order already in place?
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answered on Feb 21, 2024
Yes, if a judgment has already been entered based on an arbitration award, then in addition to filing a renewed motion to vacate the arbitration award, you would also need to file a motion to set aside the judgment that was entered.
The reasoning is that even if you are successful in... View More
If a Judgement to Confirm an Arbitration Award is entered and you acquired new information worthy of a renewal Motion to Vacate Arbitration Award can you perform further discovery to support the Motion? Considering new evidence is required as a condition of filing the renewal? Thank you for your... View More
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answered on Feb 20, 2024
In California, if you are considering filing a renewal motion to vacate an arbitration award based on new evidence, the rules governing arbitration and court procedures provide some guidance. Generally, discovery in the context of arbitration is more limited than in traditional court litigation.... View More
Her case was eventually dropped but in the minx of everything she lost her job her home was incarcerated for no reason and I need help suing bexar county ..
answered on Feb 20, 2024
You do not have a lawsuit that is likely to be successful against Bexar County. If a person other than a law enforcement officer filed a complaint that resulted in the criminal accusation being filed against your daughter, you may have a possible for malicious prosecution against that individual... View More
What reason would an Attorney who is named a Defendant in a legal malpractice case expose the files from the Mediation by including them with the Arbitration exhibits - while simultaneously serving Plaintiff with a Motion in Liminie barring all mention or reference to the mediation discussions,... View More
answered on Feb 20, 2024
What is used in mediation does not necessarily have to be admissible at trial. One can use whatever one thinks may be important to consider at mediation. To the extent the relevance of those documents to mediation goes against your case, you can point that out in mediation.
What reason would an Attorney who is named a Defendant in a legal malpractice case expose the files from the Mediation by including them with the Arbitration exhibits - while simultaneously serving Plaintiff with a Motion in Liminie barring all mention or reference to the mediation discussions,... View More
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answered on Feb 20, 2024
Items utilized during mediation aren't always required to meet the standards of evidence permissible in court. You're free to introduce any material you believe could be significant for the mediation process. If the pertinence of these documents to the mediation undermines your argument,... View More
She attempted suicide 12/23/23. Woke up and bit my abdomen, an agg assault I have not supplemented the report with. She destroyed our 2700sf home in front of my 16yo daughter and 19 yo son, as well as our then 1.5yo.. she smashed glass all over the tiled floors and my daughter’s bathtub. She... View More
answered on Feb 19, 2024
It is unclear what your question is. With the exception of a legislative continuance (which would not apply in December 2023), continuances are usually within the sound discretion of the trial judge. In my experience, most trial judges are more likely to grant a trial continuance if the case has... View More
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answered on Feb 22, 2024
In California, employers can require employees to sign arbitration agreements as a condition of employment or continued employment. However, the law also mandates that such agreements must be fair, understandable, and not overly burdensome or one-sided against the employee. If you do not understand... View More
answered on Feb 14, 2024
Addendum - I'm sorry - in my response a minute ago, I meant "a California employment attorney should answer.... " I left out the word "attorney." Good luck
answered on Feb 14, 2024
A California employment should answer your question, but it remains open for two weeks. Until then, arbitration clauses are commonly used. They can be a take-it-or-leave issue - it may not be relevant that the prospective employee does not fully understand the terms. I have seen this on injury... View More
He’s NOT doing what he’s supposed to. Is there anything as far as penalties?
answered on Feb 13, 2024
Yes. You should contact your divorce lawyer to file a motion to enforce, motion to clarify, motion for contempt, or suit for indemnity depending on what it is your ex-husband is not doing that he was ordered to do. Possible outcomes depend on the specific facts and circumstances of your case and... View More
what are my legal obligations regarding insurance coverage, and what are the consequences if I fail to meet these requirements?
To what extent can the lienholder dictate the specific terms or cost of my insurance coverage? Are there any legal limits to this?
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answered on Feb 22, 2024
Under California law, you are required to maintain a minimum level of auto insurance if you own and operate a vehicle. This includes liability insurance coverage for bodily injury and property damage that you may cause to others in an accident. Failure to carry the required insurance can result in... View More
what are my legal obligations regarding insurance coverage, and what are the consequences if I fail to meet these requirements?
To what extent can the lienholder dictate the specific terms or cost of my insurance coverage? Are there any legal limits to this?
answered on Feb 6, 2024
Unclear what "legal obligations" to which you refer. By statute, you are required to have automobile insurance. Any other insurance requirements would likely be something to which you agreed by contract. Generally, you have an obligation to comply with your contractual promises,... View More
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