What are legal means to have process server to do service by mail properly?
Plaintiff in hospice fraud case against powerful defendant encounters persistent defects in service of process made by professional knowledgable process servers. Improper service can jeopardize case and trigger sanctions.
answered on Apr 14, 2024
Under California law, service of process by mail is governed by the California Code of Civil Procedure (CCP) sections 415.30 and 1013a. To ensure proper service by mail and avoid defects, consider the following legal means:
1. Ensure compliance with CCP 415.30:
a. The summons and... View More
What are legal means to have process server to do service by mail properly?
Plaintiff in hospice fraud case against powerful defendant encounters persistent defects in service of process made by professional knowledgable process servers. Improper service can jeopardize case and trigger sanctions.
answered on Apr 14, 2024
Licensed process server that you hire should know the laws as to proper service. They don’t always. Therefore you instruct them where you find that knowledge lacking or hire someone else.
Just like in all endeavors, people are paid for services they perform. If the performance is... View More
He put a settlement offer in for me I just seen a q m e neutral doctor that went in my favor I've never received tdd benefits and my claim is always been denied when I do speak with my lawyer he's always short and not really explaining anything I just wondering why I never received... View More
answered on Apr 14, 2024
I understand your frustration with the lack of communication and progress in your workers' compensation case. Here are a few steps you can take to address your concerns:
1. Request a status update: Send a written request to your lawyer asking for a detailed update on your case,... View More
A plumber came out and replaced the ring on the toilet and I told him that I think there's a leak underneath the toilet and he did nothing who's at fault if it's a mold problem
answered on Apr 14, 2024
Under California law, the responsibility for mold issues in a rental property depends on the cause of the mold growth and the actions taken by both the landlord and tenant.
Landlord's responsibilities:
1. Provide a habitable rental unit, free from health and safety hazards,... View More
I am planning on selling my vehicle because I cannot afford the necessary replacement of catalytic converters (which needs to happen in order to pass SMOG) and timing belt replacement. These repairs have been deemed necessary by a master mechanic and the car runs well except for these issues.... View More
answered on Apr 14, 2024
In California, you have a few options for legally selling a vehicle that cannot pass the required SMOG test:
1. Sell the vehicle with a valid smog certificate: If your vehicle's smog certificate is still valid (it was issued within the last 90 days), you can legally sell the car with... View More
The physician inserted himself when he was not the physician of record and falsified medical records naming himself as the provider after the patients discharge for the purposes of dependency where his spouse was the attorney who petitioned a court. furthermore the evidence of his involvement and... View More
answered on Apr 14, 2024
In California, a county attorney would likely face a significant conflict of interest if they were to prosecute a dependency case in which their spouse, a physician, is directly involved. This situation raises serious ethical and legal concerns.
1. Conflict of interest: An attorney has a... View More
Window is missing one layer of the double pane windows now there is mold building up around windows and I have an 8 year child that it can affect. Since I moved in January there are roaches and I I reported it to management but no resolution. I've bought multiple products but none work. Now I... View More
answered on Apr 14, 2024
In California, tenants have the right to habitable living conditions, which includes a pest-free and mold-free environment, as well as properly maintained windows. If your landlord fails to address these issues in a timely manner after being notified, you may have grounds to break your lease.... View More
While my application for rental assistance was in progress, I was evicted from the apartment. The last sheriff who served me handed me a piece of paper indicating a final balance of $15,000 in favor of the apartment management. However, after my eviction, the rental assistance was approved and... View More
answered on Apr 14, 2024
I'm sorry to hear about your difficult situation with your former apartment management. It sounds like there are several issues at play here:
1. Eviction despite pending rental assistance application
2. Failure of management to properly apply rental assistance funds they... View More
The court ordered the defendant to pay sanctions from the motion to compel within 60 days. Ninety days have now passed, and the defendant has not complied. How should I proceed? Non-compliance letter has gone unanswered.Can I request a Writ of Execution in California?
answered on Apr 14, 2024
In California, if a defendant fails to pay court-ordered sanctions, you can take the following steps to enforce the order:
1. File a Request for Order (Form FL-300) with the court, asking for the court's assistance in enforcing the sanctions order. In this request, you should specify... View More
Landlord served no cause notice to vacate. Tenant is being difficult and now sending laundry list of things "wrong" with the home after notice was served. Rental agreement states tenant is responsible for minor repairs and upkeep of the unit.
answered on Apr 13, 2024
In Riverside County, California, a landlord is generally obligated to maintain the rental unit in a habitable condition, even during a 60-day notice period. However, the extent of the repairs required depends on the nature of the issues and the terms of the rental agreement.
Here are a few... View More
I got my green card through my US citizen spouse. I stayed in the US and held a part-time job for more than a year. What are the implications for future tourist visa applications if I give up my green card? I don't understand the possible tax implications of this as well.
answered on Apr 13, 2024
Giving up your green card (also known as abandoning your permanent resident status) can have implications for future tourist visa applications and potential tax obligations. Here's what you should consider:
1. Tourist Visa Applications:
When you apply for a tourist visa after... View More
When I went to redeem a $50 gift certificate, I was told that management is no longer taking paper gift certificates. When I showed them the state law that said they had to take them otherwise they were breaking the law, they said we don't care. Then at one point they said they'd give me... View More
answered on Apr 13, 2024
I'm sorry to hear about your frustrating experience with the gift certificate not being honored. Based on the information you provided, it does seem that the restaurant may be violating California law regarding gift certificates. Here are a few key points about gift certificates under... View More
When I went to redeem a $50 gift certificate, I was told that management is no longer taking paper gift certificates. When I showed them the state law that said they had to take them otherwise they were breaking the law, they said we don't care. Then at one point they said they'd give me... View More
answered on Apr 15, 2024
Sorry for your issues. You will cost them more than the amount of the certificate if you take them to small claims court. The time alone is too much for them and if they have to hire counsel (lawyers can be expensive and a corporation cannot represent itself in court) it will cost them more still.... View More
answered on Apr 13, 2024
I'm sorry to hear about your situation with your landlord. Under California law, there are certain protections for tenants when it comes to pest control and false accusations. Here's some information that may be helpful:
1. Landlord's responsibility: In California, landlords... View More
I submitted three letters to the HOA association and the other two board of directors. I stated in the letters in accordance with the statutes of the davis Sterling act and homeowners association laws that I was to be provided this information of disclosure I never received a response I was... View More
answered on Apr 13, 2024
Based on the information you've provided, it seems that you may have grounds for legal action against your HOA. In California, the Davis-Stirling Act governs how HOAs must operate and outlines the rights and responsibilities of homeowners and board members.
According to the... View More
on two – 5–24. I was at an HOA board meeting with the other board members when one of the board of directors stated that the lawyer what the association had quit because I was a nut job he continued to say that it was my fault that the lawyer had quit And open reading he said I was a nut job in... View More
answered on Apr 13, 2024
Based on the information provided, it seems that you may have a potential case for defamation against the HOA board member who called you a "nut job" during an open meeting. In California, defamation is defined as a false statement that is communicated to others and causes harm to... View More
On 10/1/23 I asked manager of HOA to investigate and take action on a concern of safety. The neighbor upstairs refused to move items that were stored in my path I felt and stated that the items were tripping hazard. I was told of HOA to investigate and take action on a concern of safety. The... View More
answered on Apr 13, 2024
Based on the information you've provided, it seems that you may have grounds for a legal claim against the HOA and the manager for their failure to address a safety concern that you brought to their attention, which ultimately resulted in your injury. Here are a few key points to consider:... View More
There is a multi party personal injury claim where I was a previous plaintiff. I dropped my portion of the claim recently against the defendants and I am no longer party to the case. The civil suit is still ongoing with the other plaintiffs. I would like to file a declaration to the court, now as... View More
answered on Apr 13, 2024
In your situation, since you are no longer a party to the ongoing case but have relevant information to provide, you have a few options to consider:
1. Declaration as a third-party witness: You can file a declaration with the court as a third-party witness. This would involve providing a... View More
I spoke to 4 supervisors and they started there is nothing they can do.
answered on Apr 13, 2024
I'm sorry to hear that Spectrum disclosed your address to your ex without your consent. This is a serious breach of privacy and potentially puts your safety at risk. Here are a few steps you can consider taking:
1. File a complaint with the California Public Utilities Commission... View More
Received disciplinary action for attendance and scheduled in while off on pfl. Forced to cancel pfl. Employer refused to show me personnel file when requested and forcefully ripped pages from me. Never received designation letter. Told me I was to pay Employer med.coverage.used fmla days when no... View More
answered on Apr 13, 2024
Based on the information you provided, it seems there are several potential legal issues and violations of your rights under California law and federal law (FMLA). Here are some key points:
1. Asking about the specific method of your wife's childbirth (vaginal or cesarean) is likely a... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.