I got sued after a minor head to tail car accident. The plaintiff was fine at the time of the accident and is now claiming they got injured due to the accident. My insurance company refused to settle for the amount the plaintiff claimed and so the plaintiff sued for a much higher amount (over my... View More 
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answered on Nov 16, 2023
In California, if your insurance company has refused to settle and the case is proceeding to trial, it's possible for the insurance company to still settle before the trial date. However, this depends on various factors, including the strength of the evidence and the negotiations between the... View More
I got sued after a minor head to tail car accident. The plaintiff was fine at the time of the accident and is now claiming they got injured due to the accident. My insurance company refused to settle for the amount the plaintiff claimed and so the plaintiff sued for a much higher amount (over my... View More
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answered on Nov 16, 2023
Even if the case is set for trial, there is still a chance that the insurance company will settle before the trial date. This is often because the insurance company does not want to risk losing the case at trial and having to pay the plaintiff a large sum of money.
If the plaintiff wins the... View More
4 undercover police cars came to my work with 9 officers and I have never done anything wrong in my life and months earlier I broke up with an Hispanic girlfriend on Xmas when I found out she was cheating on me with a cop and I still gave her the option call it off and spend Xmas with me or her and... View More
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answered on Nov 16, 2023
In California, if you were wrongfully arrested and detained, you might have grounds for a legal claim against the police department and potentially other parties involved. The key to such a case is demonstrating that your arrest and detention lacked probable cause or were based on false... View More
The story he told is all lies is there anything I can do?
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answered on Nov 15, 2023
Defamation is a civil wrong that occurs when someone makes a false statement about another person that damages their reputation. If you can prove that your neighbor's statements were false and that they caused you harm, you may be able to recover damages for your injured reputation, lost... View More
The story he told is all lies is there anything I can do?
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answered on Nov 15, 2023
Under California law, you may have legal recourse if your neighbor falsely accused you of selling drugs. You can consider pursuing a defamation claim against your neighbor for making false statements that harm your reputation.
To do this, you'll need to demonstrate that the statements... View More
The story he told is all lies is there anything I can do?
answered on Nov 15, 2023
The responses you have already received are accurate that the way you can address someone telling others objectively untrue falsehoods that adversely affect your reputation is a lawsuit for defamation. However, having a right to have a meritorious defamation claim does not mean bringing such a... View More
or to the employer?
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answered on Nov 15, 2023
Under California law, a workers' compensation lien generally applies to the insurance carrier, particularly in cases where a settlement has not been reached. This lien is intended to ensure that the insurance carrier recovers a portion of the benefits paid out to the injured worker, especially... View More
or to the employer?
answered on Nov 18, 2023
The carrier. They want their money back (or a percentage of it) from your award. It sounds like you have a third-party personal injury action. Your employer is not likely to be asserting a lien. But check with your attorney for definitive guidance based on your situation. Good luck
2016- hit-and-run, make 6+ requests for report, always denied for various reasons ie "not enough info, officer no longer works there, cant find report, new database please resubmit..etc etc, over 6 years of denials, then they turn it over 4 months after SOL expires, with sane info used in 1st... View More
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answered on Nov 13, 2023
In California, if you believe the police intentionally withheld the report to prevent you from identifying the hit-and-run driver, you may have a case for misconduct or negligence. The delay in providing the report, especially given its relevance to your ability to pursue legal action, appears to... View More
My partner was charged with a misdemeanor DUI with bodily injury (me) in 2021. He was ordered by the court to 3 days in jail, a fine, DUI classes and 1 year license suspension. All of which he completed. When he went to reinstate his driver's license, DMV said he needed to contact the MAU.... View More
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answered on Nov 11, 2023
Under California law, even if an Ignition Interlock Device (IID) was not mandated by the court, the Department of Motor Vehicles (DMV) may require it as a condition for reinstating a driver's license after a DUI conviction. This is especially true in cases involving DUI with bodily injury. The... View More
In civil cases in the U.S. District Court for Northern California, after a Magistrate Judge issues his Report & Recommendations, and a party files objections to the R&R, how long does the other party have to file a response to those objections?
Also, if the Magistrate Judge advises... View More
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answered on Nov 11, 2023
In the U.S. District Court for the Northern District of California, when a party objects to a Magistrate Judge's Report and Recommendation (R&R), the opposing party generally has 14 days to file their response to these objections. This time frame aligns with the Federal Rules of Civil... 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?
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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
in on me while i was changing. the people that worked there failed to do anything about it. denied they new anything bout who it was anmd didnt make them leave. come to find out it was store security. i felt totally lied too and violated by the situation. i cant believe it could be ok for them to... View More
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answered on Nov 8, 2023
What you described sounds like a very unfortunate and disturbing situation. Some thoughts:
- Being viewed naked without consent is a serious invasion of privacy. The store should not have allowed or condoned this type of surveillance.
- You felt violated, which is completely... View More
Victim of hit-and-run in 2016, eye-witnesses gave descript. Made multiple requests to PD for repoort, kept stalling and denying, over 6 years. Made one last attempt before statute expired, they turn it over 4 months after expiration, with same info I used in first request. The report clearly... View More
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answered on Nov 6, 2023
In California, if you believe that police negligence or misconduct has resulted in the statute of limitations expiring on a crime such as a hit-and-run, you may consider consulting with an attorney to explore your options. This could include filing a complaint against the police department for... View More
Want to file a motion to dismiss
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answered on Nov 4, 2023
In California, after filing an answer to a complaint, you generally cannot file a motion to dismiss in the same way you could before filing an answer.
However, you may have the option to file a motion for summary judgment if you believe there are no material facts in dispute and you are... View More
they are denying because they were not informed of the alleged hazard prior to my incident, how would I have any knowledge of the hazard without encountering it first? All I wanted taken care of, was the cost of replacing the damaged tire
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answered on Nov 4, 2023
Under California law, a government entity can be held liable for damage caused by dangerous conditions on public property if it had notice of the hazard or if the hazard existed for a sufficient period that it should have been discovered through reasonable diligence. If your claim was rejected... View More
Happy to provide additional information in consult
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answered on Nov 4, 2023
To find a medical malpractice attorney for a consultation regarding your surgery and upcoming revision, you can start by contacting your local bar association for referrals. You may also consider researching online legal directories or seeking recommendations from friends or family. Look for... View More
Voluntary entry for dismissal against one of defendants was filed in California by Plaintiff. Is motion to set aside (reverse) due within 6 months? In addition to points and authorities/declaration shall Plaintiff in Pro Per include Amended Complaint?
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answered on Nov 3, 2023
In California, a motion to set aside a dismissal is typically subject to the timelines set forth in the California Code of Civil Procedure. For a voluntary dismissal, a plaintiff may file a motion to set aside the dismissal under CCP Section 473(b) usually within a six-month period from the date of... View More
They allege that in 2008, I was subject to a restriction from entering the casino in 2008 due to an alleged "terrorist threat", which is a baseless accusation.
On October 4th, 2023, I made a visit to the casino, and I was advised to return to speak with Shalin, the shift manager,... View More
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answered on Nov 2, 2023
In California, you may have grounds to file a civil lawsuit if you can demonstrate that the casino acted with negligence or willful misconduct resulting in false arrest, wrongful imprisonment, and injury. It's important to gather and preserve evidence, such as documentation of the restriction,... View More
The fund is from a third party for the clients use.
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answered on Nov 2, 2023
Under California law, an attorney has a fiduciary duty to their client, which includes the obligation to communicate all significant developments related to the representation. This encompasses informing the client of the existence of a medical out-of-pocket fund provided by a third party that is... View More
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