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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Can I sue CHP for negligence after a high-speed pursuit caused an accident and injuries?

On July 29, 2024, CHP chased a suspect for over 15 miles at speeds exceeding 120 mph, continuing into a residential area with bystanders, including children. Despite the risks, CHP failed to terminate the pursuit, resulting in the suspect crashing into our vehicle, causing severe property damage... View More

James Clifton
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James Clifton
answered on Nov 3, 2024

CHP officers have discretion in high-speed pursuits, but they have to consider public safety as mandated by their own policies and California law. Under Section 17004, officers can be immune from liability during a pursuit, but this immunity has limitations. If officers acted recklessly or failed... View More

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2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: I put a 5k down for a used vehicle. The dealer did an in house repossession on the 13th day, refuses to refund 5k

The dealer did not even ask to finance the two vehicles I came to their lot in question about. He instead stated a hyundai was the only car the finance company would finance me in. It was more than the 10k max and 250 a month I wanted but he came with the papers and said is was basically to late... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

I think you have been defrauded. I suggest two things. File suit immediately in small claims court. The case is too small to justify hiring a lawyer, even though for you it was a large sum of money. The other step to take immediately is to file a complaint with the state department of justice -... View More

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2 Answers | Asked in Consumer Law for California on
Q: Hello, my car loan has been charged off about 6 months ago and I still have the car

I’m still in possession of the car and loan is charged off. I’m soon moving out of state, how do I proceed? Should I contact the lender and try to give the car back? I have not been in contact with lender since loan has been charged off. I’m afraid to get sued and not sure what to do, I’m... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

I'm sorry you have been having so much hard luck.

Giving the car back does not get you off the hook. Whether the car is returned or repossessed, the lender will auction it, and you can be sued for any loan balance that remains after the sales money is paid to the lender.

It is...
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2 Answers | Asked in Civil Litigation, Civil Rights and Collections for California on
Q: Hello I have an issueMy ex girlfriend is having a trial case in January for malpractice surgery

I 100% supported everything financially and have endured debt on it and still to this day pay it

We are not together anymore and the plan was if she wins debt is owed back to me

That was a verbal agreement but I’m afraid since our fallout in the relationship she will not pay... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

Putting the agreement on paper will be helpful, because if you have to sue her the written agreement should make it a breeze for you to win your case. However, the written agreement itself does nothing to make her pay up - making her pay will require her voluntary compliance or else a court... View More

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3 Answers | Asked in Employment Law for California on
Q: City golf course contractor employer prevents employees from drinking at site restaurant on off days. public can drink

It's a City owned course in Pasadena, CA next to the Rose Bowl managed by contract (Troon). Rose Bowl (City) manages the contract. 30-40 employees are prevented from drinking in the course restaurant/bar. Most are upset. Same policy when attending other events; meeting rooms, outdoor... View More

Neil Pedersen
Neil Pedersen
answered on Nov 1, 2024

It is not unlawful discrimination to treat you differently because of who employs you. The employer has the right to have rules of this sort. You are not in a protected class of people because you are employee of you employer. As an at will employee you have the right to find work elsewhere and... View More

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3 Answers | Asked in Employment Law for California on
Q: City golf course contractor employer prevents employees from drinking at site restaurant on off days. public can drink

It's a City owned course in Pasadena, CA next to the Rose Bowl managed by contract (Troon). Rose Bowl (City) manages the contract. 30-40 employees are prevented from drinking in the course restaurant/bar. Most are upset. Same policy when attending other events; meeting rooms, outdoor... View More

Jonathan Kintzele
Jonathan Kintzele pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2024

I presume this question is based on the premise that you have implied but not stated fully: employees, during *non-working hours* that visit their place of work (City golf course) are not allowed to drink while on the premises, whether or not they are working that day or at the time.

If...
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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: During an ER visit for vertigo at the ER, I was left unattended to use the restroom and fell and broke my fibula

I visited a hospital ER for vertigo treatment, which included an IV. While there, I needed to use the restroom and, despite my dizziness, was allowed to go alone. After using the bathroom, I lost balance and fell, resulting in severe pain. Nurses rushed in to help, and I had to insist on an X-ray,... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 31, 2024

Your situation may constitute medical negligence, as the hospital had a duty to ensure your safety, especially given your dizziness. Allowing you to go to the restroom unattended could be seen as a breach of that duty, directly leading to your fall and subsequent injury. However, proving negligence... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Lender added me on the deed as trustee along with my mother on my mother’s trust and on the loan as a co-borrower.

I’m named in my mother’s trust as successor trustee along with siblings. Is this the correct procedure. If not how to correct.

Julie King
Julie King
answered on Oct 30, 2024

No, that is not the correct procedure. Among other things, the real estate should be titled in the trust. There are a lot of legal issues in your question including there may be too many people named as Successor Trustees (depending on the number of siblings.) Your mother really needs to see an... View More

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2 Answers | Asked in Employment Law for California on
Q: I’m a security professional, working graveyard. Was making a right turn into an account. Was rear ended. Me not at faul.

Officer on scene by looking at the accident and measuring the accident. I was not at fault and I was not speeding. The other person who ran into me was speeding. Both cars are pretty well damaged. My question is this I wasn’t told that I was going to be suspended until a few hours before my shift... View More

Neil Pedersen
Neil Pedersen
answered on Oct 30, 2024

I am sorry this is happening to you. However, your employer does not have to be fair or reasonable in this regard. As an at will employee your employer can discipline you, suspend you and even terminate you at any time and for any reason whatsoever, even if the reason was not your fault. The... View More

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3 Answers | Asked in Libel & Slander, Employment Law and Personal Injury for California on
Q: I believe this is defamation of character and if so i need a lawyer to help me i have all of the elements can you help.

A coworker stated that I violated county policy by using propritary information as a conduit for personal gains to my second job. I was a California lifeline agent and i enrolled our low income population for free cell phones. My main job i was a mental health counselor. This coworker stated this... View More

Neil Pedersen
Neil Pedersen
answered on Oct 30, 2024

If you can prove that this co-worker made objectively false statements that harmed your reputation and caused you damages you may well have a defamation claim. The issue will be whether it makes sense to attempt to make a claim of this sort against a co-worker, who likely does not have the money... View More

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2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: Would it be best to let it go through probate as I'm the only child? Thanks for the advice.

Hi there. My parents disinherited me a decade ago for divorcing my very abusive ex. They are strict Catholics and don't believe in divorce, regardless of the situation. They let me know that they have left everything to my son. I am the only child and my son is the only grandchild. My question... View More

Julie King
Julie King
answered on Oct 30, 2024

Here's the rule: everyone has the right to do whatever they want with their own assets unless they have a debt or contract requiring them to pay someone. That means you can do whatever you want with your own money -- and so can all parents. It's THEIR assets. Legally, if they want to... View More

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2 Answers | Asked in Personal Injury for California on
Q: Based on which statute/rule such subpoena request can be opposed?

Please identify statutes/rules that define opposition to subpoena in this situation.

Person or entity was served with subpoena. On subpoena form deposition date was modified to LATER date, BEFORE subpoena was served. Change was done by crossing out previous date and filling out later date... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 29, 2024

In California, a subpoena can be opposed if altered improperly, potentially invalidating its legal standing. Under CCP § 1985.3, § 1987.1, and California Rules of Court 3.1345, recipients may file a motion to quash if procedural defects, like unauthorized alterations, exist. Since the deposition... View More

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2 Answers | Asked in Personal Injury for California on
Q: What statute/rule defines due date for filing POS for reply to opposition?

when proof of service for reply to opposition should be filed with court? What statute/rule defines due date?

Eliza Jasinska
Eliza Jasinska
answered on Oct 29, 2024

In California, the proof of service (POS) for a reply to an opposition must generally be filed with the court on the same date the reply is filed. California Rules of Court, Rule 3.1300 outlines filing deadlines, while Code of Civil Procedure § 1005(b) specifies timelines for serving documents in... View More

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2 Answers | Asked in Estate Planning and Probate for California on
Q: Was contacted by a private detective relating to about my late Dad /?Aunt estate/ to contact the attorney

I called a private detective he referred me to an attorney that needed to prove that I was my dad‘s daughter. I sent her proof and then she referred me to another attorney since a client already hired her in the matter she did not enclosed any kind of information so I contacted this attorney, and... View More

James Clifton
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James Clifton
answered on Oct 30, 2024

It sounds like you are a surviving heir to the estate of your aunt and may be entitled to notice of the probate proceed and potentially compensation. Due to the death of your father, this has become more complicated and involves you and your siblings, if you have any. You may be entitled to some... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is my former employer retaliation fair?

So I filed a wage claim about a year ago now after I left my job after 2 years which I did get a settlement for it. My former employer works with 2 different temp agencies, fast forward to this year I wanted to try and go back to work for that company. I went through the other neighboring temp... View More

Neil Pedersen
Neil Pedersen
answered on Oct 29, 2024

If you could prove that you have not been rehired because you made a wage claim, there may be a viable unlawful failure to hire case. However, more needs to be known. For instance when you settled the prior case if it was some time ago it was common for companies to include a no re-hire provision... View More

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4 Answers | Asked in Personal Injury and Wrongful Death for California on
Q: should i persue a civil case against emt for failure to bring in right equip and incorrect cpr performed??
Joel Gary Selik
Joel Gary Selik
answered on Oct 28, 2024

There are many factors to consider when suing a health care provider. The nature of the malpractice is considered Medical malpractice means that a health care provider violated the standard of care. A bad outcome is not enough. Another health care provider would be needed to evaluate what the... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: We had a miscarriage at 18 weeks of pregnancy. We think it's due to the provider's negligency.

If it's not for the Drs negligence we would have saved our baby. We would like to evaluate our case with the data from medical records and the experience we had. Can you please advise if we take legal action against the providers?

Eliza Jasinska
Eliza Jasinska
answered on Oct 29, 2024

I'm sorry to hear about your loss. Pursuing a medical malpractice claim for wrongful death in the case of a miscarriage can be complex. Under California law, MICRA (Medical Injury Compensation Reform Act) limits non-economic damages for medical malpractice claims to $350,000 for injuries... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: We had a miscarriage at 18 weeks of pregnancy. We think it's due to the provider's negligency.

If it's not for the Drs negligence we would have saved our baby. We would like to evaluate our case with the data from medical records and the experience we had. Can you please advise if we take legal action against the providers?

Joel Gary Selik
Joel Gary Selik
answered on Oct 27, 2024

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of lawsuits, the extent of the anticipated potential recovery will affect the viability of the case....
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3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: My current atty does not return calls should I look for a new one I was carjacked at work and fired a week later

So it’s a workers comp case wrongful term they want to add and misclassification but attorney. Is not consistent just need advice

Steven M. Chanley
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Steven M. Chanley pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2024

Selecting an attorney is an important decision, as whomever you engage will hold your legal interests, either as a person or a business, in their hands. It is critical to hire an attorney who is not only competent and trustworthy, but also one who will listen to you to determine the best way of... View More

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2 Answers | Asked in Real Estate Law and Probate for California on
Q: Can a grant deed that will be filed in California be notarized in Oregon?

Real property will be transferred via probate. Executor currently has work in Oregon so we would like to know if it can be done this way for convenience. Thank you!

Nina Whitehurst
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Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2024

Yes, a deed can be notarized anywhere is the US (notarizing outside the US is more complicated) and then recorded in California. But California will (wrongfully in my opinion) insist on the use of the California statutory notarial affidavit. The trick is finding an out of state notary who knows how... View More

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