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California Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice and Medical Malpractice for California on
Q: how is it legal for the statue of limitations to exist within medical malpractice?

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

James L. Arrasmith
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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

2 Answers | Asked in Legal Malpractice, Civil Rights, Federal Crimes and International Law for California on
Q: Can SOL not apply in certain cases connected to intentional prevention of bringing a legal case forward in CA?

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.

Robert Kane
Robert Kane
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.

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1 Answer | Asked in Government Contracts, Health Care Law and Legal Malpractice for California on
Q: "Devil's advocate" question. Improper referral by doctor to out-of-network hospital that resulted into hospice fraud.

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

James L. Arrasmith
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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...
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1 Answer | Asked in Personal Injury, Gov & Administrative Law and Legal Malpractice for California on
Q: For opposing discovery deposition subpoena on non-party witness.

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.

James L. Arrasmith
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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

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Legal Malpractice for California on
Q: After accusations of incompetence can prosecution present me with an interpreter/translator. I comprehend English.

Possession of a bb gun is not illegal unless banished in public and in bb view of public sight, correct?

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Legal Malpractice for California on
Q: I need the assistance of an attorney that practices or handles cases in wrongful use of court proceedings.

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

James L. Arrasmith
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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...
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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for California on
Q: If a judge was willing to let me out on my own for a plead of no contest without letting me know the charges is that ok

So I went to court and the judge told me that he did not have all of the charges in front of him but was willing to let me out on an or my own recognizance if I plead no contest to the charges. I told him that I did not want to plead to something without knowing what it is he said what you... View More

Marc David Pelta
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Marc David Pelta
answered on Nov 28, 2024

I am unclear what happened in court and it sounds like you might be as well? You should consult with an experienced criminal defense lawyer to explore your remedies under California law. It is important you mention to the lawyer what your goal is.

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1 Answer | Asked in Legal Malpractice for California on
Q: Legal Consultation Request: Upwork Account Suspension and Procedural Inconsistencies

I was a long-time user of Upwork, relying on the platform for professional opportunities. My account was permanently suspended due to a job I posted 18 months prior, which Upwork claims violated their Terms of Service under Section 3.2 ("Acting misleadingly or fraudulently"). The job... View More

James L. Arrasmith
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answered on Nov 19, 2024

Your situation highlights several important legal considerations regarding Upwork's enforcement of their Terms of Service and the doctrine of laches (unreasonable delay in making legal claim).

While Upwork's terms give them broad discretion to suspend accounts, the 18-month delay...
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1 Answer | Asked in Juvenile Law and Legal Malpractice for California on
Q: What do I do if im trying to prove that my county's child welfare department is not honest, justified, or lawful?

My county has a child protection system that lies, manipulates, and illegally seizes children targeting women with addiction in their history who lack strong support systems to keep sanity while trying to fight for their only true love in this life. They rip apart families and have no consequence... View More

James L. Arrasmith
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answered on Nov 15, 2024

First, document everything meticulously - keep detailed records of all interactions, conversations, and incidents with the child welfare department. Save all emails, letters, court documents, and take notes during phone calls or meetings, including dates, times, and names of everyone involved.... View More

2 Answers | Asked in Legal Malpractice for California on
Q: Can you still a hospital for not taking care of you properly urinating on yourself having anxiety for like you can't bre
Joel Gary Selik
Joel Gary Selik
answered on Nov 15, 2024

While that could be considered malpractice or neglect, without further harm, such a case may not be viable.

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1 Answer | Asked in Legal Malpractice and Probate for California on
Q: In need of a pro bono attorney to deal with a probate situation but also malpractice. Court date Dec 9th.

I really need to speak to an attorney to give more details as it is lenghty and complicated.

James L. Arrasmith
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answered on Nov 14, 2024

Let me help point you in the right direction since time is critical with your upcoming court date.

For immediate assistance with pro bono legal services, contact your state's bar association - they maintain lists of attorneys who offer free legal help and can match you with someone...
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1 Answer | Asked in Family Law and Legal Malpractice for California on
Q: i have all the evidence for legal malpractice of previous lawyer how do i negotiate compensation?

i found out her errors 4 years later when i decided to represent myself bec i got into a lot of debts bec of d case suffered financial hardships and case dragged bec of her serious oversight

James L. Arrasmith
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answered on Nov 14, 2024

If you believe your previous lawyer committed malpractice that caused financial harm, you should first gather and organize all evidence of the errors, including court documents, communications, and financial records showing your damages.

Consider consulting with a legal malpractice attorney...
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2 Answers | Asked in Legal Malpractice and Arbitration / Mediation Law for California on
Q: If Attorney in legal malpractice presents false material to Court, do you need to name them in the case?

In a Legal Malpractice case, if an Attorney representing the attorney party, presents materials to the Court intended to establish justifiable reliance that later is found to be fraudulent, is it necessary to name the Attorney in the case in order for the defendants to be held accountable for the... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 6, 2024

There are other methods you can take in the court to show the evidence is fraudulent to the jury to help your case.

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1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: If Renewal Motion for new evidence is extrinsic fraud is a Motion to Set Aside/Vacate correct? How does it become void?

If you file a Renewal Motion for Motion to Vacate Arbitration Award based on new evidence of fraud, which is extrinsic, and simultaneously file a Motion to Set Aside/Vacate Judgment... being that the Judgment would technically be void for the fraud being extrinsic, is there another way you should... View More

James L. Arrasmith
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answered on Oct 31, 2024

When dealing with extrinsic fraud, a Renewal Motion for new evidence typically functions as a Motion to Vacate the Arbitration Award. Extrinsic fraud involves actions outside the scope of the legal process, such as deceit that prevented you from presenting your case. To have the award set aside,... View More

1 Answer | Asked in Personal Injury and Legal Malpractice for California on
Q: Does amended opposition to demurrer require separate hearing?

Defendant scheduled hearing for demurrer to amended complaint. Plaintiff opposes demurrer, and amends opposition to demurrer.

Does amended opposition to demurrer require separate hearing?

James L. Arrasmith
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answered on Oct 27, 2024

If you have filed an amended opposition to the defendant's demurrer, you generally do not need a separate hearing. The court can consider your amended opposition at the already scheduled hearing for the demurrer to the amended complaint. This means that the hearing date remains the same, and... View More

1 Answer | Asked in Government Contracts, Health Care Law and Legal Malpractice for California on
Q: What statute and rule of court defines amendment to objection to demurrer?

Objection to demurrer should be amended. What statute and rule of court defines amendment to objection to demurrer?

James L. Arrasmith
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answered on Oct 27, 2024

To amend your objection to a demurrer in California, you should refer to California Code of Civil Procedure section 473(a)(1). This statute permits the court, in the furtherance of justice, to allow a party to amend any pleading or proceeding upon appropriate terms. It provides the legal foundation... View More

3 Answers | Asked in Consumer Law, Civil Litigation, Constitutional Law and Legal Malpractice for California on
Q: What can I do after proving a client 'Blacklist' shared amongst law firms does appear to exist?

Spent 2 years searching for an attorney and noticed I was always getting turned down before having a single conversation or consultation. No Q&A. I decided to then submit an identical case description but used a different name/contact info. And now I'm getting calls left and right. I... View More

Robert Kane
Robert Kane
answered on Oct 25, 2024

If there is such a list, I don't subscribe. A simple Google search can reveal information that may telling.

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1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for California on
Q: can you sue a Doctor that refused to give you a prophylaxis Antibiotic inspite of telling him you have a MCTD

i had a 6 extraction in one procedure last 05/15/2024. He damaged my sinus maxillary that now an ENT specialist need to do a surgery and make corrections on my sinuses. The dentist saw me that I was in excruciating pain and while He was working with my molar instead of telling me that it’s rotten... View More

James L. Arrasmith
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answered on Oct 24, 2024

I'm sorry to hear about the difficulties you're experiencing. If a doctor did not provide the appropriate care, especially considering your medical condition, you might have grounds for legal action. Medical malpractice cases generally require showing that the doctor had a duty to you,... View More

4 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for California on
Q: Hi my name is Roxy. I am looking for a contingency lawyer that can help me with my possible case.

I’ve Loss the sense of Smell (Anosmia): The procedure caused it. which I’m hoping it wont be permanent. This has drastically affected my quality of life. There was no provision of post-operative care such as temporary dentures or bone grafts. This has raised concerns about potential bone loss,... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 24, 2024

Use the Justia FInd a Lawyer tab and search for medical malpractice or dental malpractice lawyers in the county/area you reside. Call a few, meet with them, and then decide how to proceed from there. Most will provide a free initial consult or telephone consult. Good luck.

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1 Answer | Asked in Legal Malpractice for California on
Q: Is there any lawyers that are willing to come to Fresno or are in Fresno to help me with my case ?

My parental rights was terminated by a court commissioner instead of a judge without my knowledge on video zoom court that on my end was black I don't know who was at the hearing but the paperwork of that court date shows a court commissioner not a judge and there are other details of lies I... View More

James L. Arrasmith
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answered on Oct 23, 2024

I'm sorry to hear about the difficulties you're facing. Finding the right legal assistance is crucial for your situation. In Fresno, there are several attorneys who handle family law and can help you navigate the complexities of your case.

You might consider reaching out to the...
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