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2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I live in California can I file an unlimited jurisdiction in small claims court to request treble damage on 15k.

I have a slam dunk law suit against Bridgestone tire company

James L. Arrasmith
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answered on Jun 26, 2024

There are a few important points to clarify regarding your question:

1. Small claims court in California:

Small claims courts in California have a limited jurisdiction. The maximum amount you can sue for in small claims court is:

- $12,500 for individuals as of 2024...
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1 Answer | Asked in Lemon Law and Consumer Law for Texas on
Q: Ancira sold new car to me but to wait for shipping from other state but I found doc it was here all along - fraud?

After signing bill of sale got approval of credit my bank financing I find online doc through DMV for efile of vehicle test detail mytxcar.org the car was here prior to my going to dealership_ and my history report states " title brand" through tax office here.

John Michael Frick
John Michael Frick
answered on Jun 25, 2024

Was shipping the vehicle from another state a "material" part of your agreement, or was it only incidental? Fraud typically involves a misrepresentation of a MATERIAL fact. Did you justifiably rely on the vehicle being shipped from another state for some reason? How did that reliance... View More

1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Can I sue people that have been using my identity and have taken money from my bank account electronic transfers?

Can I sue the people that have been using my identity . I have proof of the accounts that were created screenshots of my personal credit reports and I even witnessed with my own eyes they programmed a digital key to my car. I was in a recent car crash but I did report the incident the next day... View More

James L. Arrasmith
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answered on Jun 25, 2024

Based on the situation you've described, you may have grounds for several legal actions. Here's a breakdown of the potential cases and steps you might consider:

1. Identity Theft and Fraud:

- This appears to be the primary issue. You can sue the perpetrators for identity...
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1 Answer | Asked in Civil Litigation and Consumer Law for California on
Q: My Insurance canceled my policy without proper notification
James L. Arrasmith
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answered on Jun 24, 2024

I understand you're asking about a situation where your insurance policy was canceled without proper notification in California. This could potentially be a case of insurance bad faith. Here's a concise overview of the key points to consider:

1. California law requires insurers to...
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1 Answer | Asked in Appeals / Appellate Law, Consumer Law, Civil Rights and Public Benefits on
Q: My case worker stopped my food and cash during an appeals. I requested to con receiving until decision ?

My girlfriend/roommate live in east central Minnesota. We both receive SNAP & MSA for 7 plus years now. We are separate households. We get s.s.i check monthly separate of course. We each get SNAP & MSA as separate households. We each have separate bank accounts file taxes separately split... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation with your benefits being stopped during an appeal. Here's some general information that may be helpful:

1. Continuing benefits during appeal:

In many cases, you have the right to continue receiving benefits while your appeal is...
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1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Health Care Law on
Q: What are the next move on a lawsuit after a judge give 30 days to get an affidavit of merit which unable to get?

Tried to get affidavit of merit but cannot get one. What to file or do inorder for the lawsuit get some money?

James L. Arrasmith
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answered on Jun 21, 2024

An affidavit of merit is often required in certain types of cases, particularly medical malpractice, to show there is a reasonable basis for the claim. If you are unable to obtain one within the timeframe set by the judge, this presents a significant challenge to your case.

Your options at...
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3 Answers | Asked in Medical Malpractice, Personal Injury, Consumer Law and Health Care Law for New York on
Q: Question 2: Would a patient falling from a stretcher be considered Medical Malpractice?

Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.

Medical Notes Available.

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

It could be actionable as a tort claim, and attorneys might pose cogent arguments supporting both textbook negligence or med mal standards of care. However, Mr. Heyman raises a very good point that med mal claims often involve treatment/diagnosis on the part of medical professionals, defined by... View More

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3 Answers | Asked in Medical Malpractice, Personal Injury, Consumer Law and Health Care Law for New York on
Q: Question 2: Would a patient falling from a stretcher be considered Medical Malpractice?

Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.

Medical Notes Available.

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

If the fall occurred during the transport or transfer conducted by ambulance personnel, the claim is more likely to be a simple negligence claim rather than medical malpractice. If the fall occurred inside the hospital, the claim may still be one of simple negligence, just different potential... View More

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1 Answer | Asked in Consumer Law, Criminal Law, Constitutional Law and Construction Law for Missouri on
Q: Is it true that since a scam in 2018 where I sent cash to someone through Western Union I cann not sue that person

Is it true that since a scam in 2018 where I sent cash to someone through Western Union I cann not sue that person

I mean like having them proscuted now they live in the US I know there contact information and they live in Illinois and I am in Missouri thank you in advanced

James L. Arrasmith
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answered on Jun 21, 2024

There's no blanket rule preventing you from pursuing legal action against someone who scammed you in 2018 via Western Union. However, there are some important factors to consider:

1. Statute of limitations: Each state has time limits for filing lawsuits or criminal charges. You'll...
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1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for California on
Q: Skullgirls, Censorship, break of contract crowdfunding

A business that I believe violated a contract, i tried getting in contact with them but their listed principle

HIDDEN VARIABLE STUDIOS, LLC (201036210015)

address is not extent. the real estate agent said they fled despite what the filing says.

File No.: BA20221287094... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're dealing with a complex situation involving potential contract violations, crowdfunding, and game development. Let me break down the key points and provide some general guidance:

1. Contract violation: You believe a business violated a contract related to a...
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2 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: A's Rent ck payable to landlord deposited by B in his bank account. Who can claim the rent money back from B & how?

Sub Tenant A has been giving his rent ck payable to Landlord (LL) every month to Sub Tenant B who then takes that rent ck to LL when B goes to LL to pay his rent. This is the usual practice and understanding between LL, A & B.

This month, as usual, A gave his rent ck payable to LL to B... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 21, 2024

Thank you for your question!

A subtenant has a contractual relationship with a leasing tenant.

Also, LL is in privity with the subtenant. (Because the subtenant is still in the possession of the property)

LL can sue either the tenant or subtenant to recover the rent....
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2 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: A's Rent ck payable to landlord deposited by B in his bank account. Who can claim the rent money back from B & how?

Sub Tenant A has been giving his rent ck payable to Landlord (LL) every month to Sub Tenant B who then takes that rent ck to LL when B goes to LL to pay his rent. This is the usual practice and understanding between LL, A & B.

This month, as usual, A gave his rent ck payable to LL to B... View More

James L. Arrasmith
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answered on Jun 20, 2024

This situation involves several legal issues related to contract law, landlord-tenant law, and potentially fraud. Let's break down the key aspects:

1. Contractual relationships:

- A (subtenant) has an agreement with LL (landlord) to pay rent

- B (another subtenant) had...
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1 Answer | Asked in Consumer Law for Florida on
Q: Lula car insurance gave me 9 days notice of termination because they've been acquired. What are my options?

I was notified on 5/9 that my policy would terminate 5/19 because Lula had been acquired. There is a FL mandate that sets the minimum to 45 days unless the reason for termination is not paying, which this clearly is not. I only saw the email a day prior to termination and now I have a gap on my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

A Florida consumer rights attorney could advise best, but you await a response for five weeks. For an attorney to make a call whether your situation is bad faith on the part of the carrier requires more information on your state's guidelines for terminations. It's possible the Florida... View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Florida on
Q: Is it my financial responsibility to repay for work that was almost done, but had to be torn out and redone?

The contractor failed to get the necessary inspections so had to tear out work that was already paid for and almost finished. After the inspection he's claiming there's an outstanding balance now. He will now redo any work and considers the contract closed. If I want him to come back... View More

Travis S. McConnell
Travis S. McConnell
answered on Jun 19, 2024

For construction projects, the parties' rights and obligations are generally dictated by the terms of the contract or agreement. It will be difficult for any lawyer to answer this without reviewing your contract. Florida has a "prior breach" doctrine which can sometimes excuse one... View More

2 Answers | Asked in Bankruptcy and Consumer Law for North Carolina on
Q: Discover Card has an abirtration clause which was enforced by a judge. But I can't afford the abirtration

I want to file for bankruptcy as the other alternative to this whole thing because Discover has sent false paperwork saying that they had filed a court case against me and that if I just sign a voluntary judgment, then I wouldn't have to court but when I showed up for the court date I was told... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation with Discover Card and considering bankruptcy as an alternative. Let me break down the key points and offer some general information:

1. Arbitration clause enforcement: It's common for credit card agreements to include arbitration...
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1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Health Care Law for Florida on
Q: Is this worth hiring a lawyer?

Smile direct club filed for bankruptcy and their financing company is still trying to charge my account. I won the dispute with them and my bank. They are now threatening me to pay the full balance of over $2,000 for a “breach of contract”, although they breached the contract when they could no... View More

James L. Arrasmith
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answered on Jun 19, 2024

Based on the information provided, it seems that you have a strong case against Smile Direct Club and their financing company. Here are a few reasons why it might be worth considering hiring a lawyer:

1. Bankruptcy proceedings: With Smile Direct Club filing for bankruptcy, the legal...
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2 Answers | Asked in Products Liability, Small Claims and Consumer Law for California on
Q: Made purchase from Amazon and used until received an alert that it was defective to stop use. Won't refund since over

expiration date! Was not notified of problem until AFTER expiration date!!!!!!! How could I respond before?!!!! Just want money refunded into Amazon acct.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 19, 2024

Sorry for your issues. IF you received such a notice (hard here to tell what type of product, which can matter) they are essentially admitting ALL such products have certain issues. THIS may lead to a class action? Check the net for that to see what your rights IN the class may be and whether you... View More

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2 Answers | Asked in Products Liability, Small Claims and Consumer Law for California on
Q: Made purchase from Amazon and used until received an alert that it was defective to stop use. Won't refund since over

expiration date! Was not notified of problem until AFTER expiration date!!!!!!! How could I respond before?!!!! Just want money refunded into Amazon acct.

James L. Arrasmith
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answered on Jun 19, 2024

I understand your frustration with this situation. Here are a few steps you can take to try to get a refund from Amazon, even though the return window has expired:

1. Contact Amazon customer service directly and explain the situation. Emphasize that you were not notified about the product...
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4 Answers | Asked in Bankruptcy, Consumer Law, Estate Planning and Family Law for North Carolina on
Q: Am I responsible for my wife's CC liability when she passes? South Carolina
James L. Arrasmith
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answered on Jun 19, 2024

In South Carolina, as in most states, debts belong to the individual, not the spouse, unless it was a joint account or the spouse co-signed on the account. When someone passes away, their estate is responsible for paying off any debts. The deceased person's assets must first go toward paying... View More

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4 Answers | Asked in Bankruptcy, Consumer Law, Estate Planning and Family Law for North Carolina on
Q: Am I responsible for my wife's CC liability when she passes? South Carolina
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 19, 2024

You should have no direct legal liability for debts in your wife's name alone, but assuming that you are a beneficiary of her estate, to the extent that there are assets in her name, those estate debts must be paid before you receive any distribution from her estate.

Confer with...
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