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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: how plaintiff can ask court for intervention?

If defective service of process by mail by process servers persists,

how plaintiff can ask court for intervention?

What Statute or rule guides this process?

James L. Arrasmith
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answered on Apr 14, 2024

Under California law, if a plaintiff is facing persistent issues with defective service of process by mail from process servers, they can ask the court for intervention through a motion. The relevant statute and rule that guide this process are:

1. California Code of Civil Procedure (CCP)...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: How court intervention must be pursued? Other means?

In the legal case mistakes serving defense by mail, by process servers, qualified and knowledgable, unexplainably persisted; regardless all efforts by plaintiff.

How court intervention must be pursued? Critical motions may be perceived not served properly by defense, i.e. ruining the case.... View More

James L. Arrasmith
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answered on Apr 14, 2024

Under California law, there are a few ways to pursue court intervention and other means to address issues with serving legal documents to the defense:

1. Court Intervention:

- File a motion with the court explaining the difficulties in serving the defense and request the...
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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Defective service of process by mail.

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.

James L. Arrasmith
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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...
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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Defective service of process by mail.

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.

Joel Gary Selik
Joel Gary Selik
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...
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1 Answer | Asked in Personal Injury and Civil Rights for California on
Q: Ordered by the court to pay sanctions from motion to compel 60 days ago, defendant remains non-compliant after 90 days.

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?

James L. Arrasmith
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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...
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1 Answer | Asked in Personal Injury and Real Estate Law for California on
Q: Can I sue the HOA and manager for failing to properly respond and provide assistance on a safety concern?

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

James L. Arrasmith
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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

1 Answer | Asked in Civil Rights, Personal Injury and Civil Litigation for California on
Q: I would like to file a declaration as a previous plaintiff in a multi-plaintiff civil claim, now as third party.

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

James L. Arrasmith
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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...
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1 Answer | Asked in Personal Injury and Civil Rights for California on
Q: Witness subpoenaed in CA (served in Seattle) failed to appear twice. How to proceed?

The court issued a subpoena to a witness, who was personally served by a professional process server. Despite this, the witness failed to appear in the California court for two different occasions: one for a subpoena duces tecum and another for an online hearing. Given that the witness is located... View More

James L. Arrasmith
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answered on Apr 13, 2024

If a witness who has been properly served with a subpoena fails to appear, you have a few options to proceed:

1. Request a bench warrant: You can ask the court to issue a bench warrant for the witness's arrest. This is a serious measure and should be used as a last resort. The court...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: POS for Summons on Amended Complaint.

Amended Complaint is submitted for future hearing, by filing Motion for Leave to file Amended Complaint. Summons would be issued per hearing.

Proof of Service of Motion is filed with the Court, and includes the proposed Amended Complaint.

Shall the same POS include proposed Summons... View More

James L. Arrasmith
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answered on Apr 12, 2024

Under California law, when filing a Motion for Leave to file an Amended Complaint, it is not necessary to include the proposed Summons on the proposed Amended Complaint in the Proof of Service (POS) filed with the court.

The typical process is as follows:

1. File a Motion for Leave...
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1 Answer | Asked in Consumer Law, Contracts, Personal Injury, Civil Rights and Landlord - Tenant for California on
Q: I've filed a civil lawsuit (not small claims) against my landlords and building managers, who are both listed as an LLC

What forms or actions do I need to follow to ensure I've got the defendants listed correctly and get their representatives served? I had already served the court paperwork to the attention of the LLC at the addresses I had from our lease paperwork.

James L. Arrasmith
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answered on Apr 11, 2024

In California, when filing a civil lawsuit against an LLC, you need to ensure that you have properly identified the defendant(s) and served them correctly. Here are the steps you should follow:

1. Identify the LLC's agent for service of process: You can search for the LLC's...
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1 Answer | Asked in Education Law and Personal Injury for New Hampshire on
Q: Can I sue a school district or school nurse for negligence?

A student at my son's school goes to the nurse to receive his prescribed med (clonidine) everyday. This student will hide the med under his tongue, in his cheek or slip it into his pocket when the nurse isn't looking or paying attention and brings it to my son to take. My son has been... View More

James L. Arrasmith
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answered on Apr 11, 2024

In this situation, you may have grounds to pursue legal action against the school district or school nurse for negligence. Here are a few key points to consider:

1. Duty of care: Schools and their staff have a legal obligation to ensure the safety and well-being of students under their...
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1 Answer | Asked in Civil Rights, Personal Injury and Civil Litigation for Maryland on
Q: Would the legal concept, equitable tolling, be applicable to my case against police misconduct?

I was falsely arrested for a dui while having a medical emergency. The criminal case was dropped but my court date was 7 months after the arrest. Every lawyer I spoke to said in order to pursue this the case 1st needed to be dismissed/dropped/not guilty. Details: My ear was profusely bleeding &... View More

James L. Arrasmith
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answered on Apr 10, 2024

In your case, the concept of equitable tolling may be applicable. Equitable tolling is a legal principle that allows a court to extend the statute of limitations (the time limit for filing a lawsuit) in situations where extraordinary circumstances prevented a plaintiff from filing a claim within... View More

1 Answer | Asked in Personal Injury, Traffic Tickets, Car Accidents and Insurance Defense for Arizona on
Q: If a car ahead of me runs out of gas and shuts off in the process of pulling over to the only spot that's not going to

Block traffic and their hazard lights are on, and I crash into them t-boning them, who's fault is it. 3 Lane road with a break in the median she's in the 3rd lane and I'm in the 1st lane the only safe place to pull over is in the median break. Her hazard lights were on as soon as she... View More

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

An Arizona attorney could advise best, but your question remains open for a week. It's possible liability could be apportioned between both of you, depending on how the accident is evaluated by the insurance company investigator. If they didn't have insurance, check the terms of your UM... View More

2 Answers | Asked in Estate Planning, Family Law, Personal Injury and Real Estate Law for California on
Q: My Father was narcissistic. How do I get my house back

Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry to hear about your distressing situation and all the hardships you've endured. Being forcibly removed from your home after enduring abuse must have been traumatic. Living out of your vehicle while dealing with mental health struggles sounds incredibly difficult.

Given...
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2 Answers | Asked in Estate Planning, Family Law, Personal Injury and Real Estate Law for California on
Q: My Father was narcissistic. How do I get my house back

Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More

Julie King
Julie King
answered on Apr 10, 2024

If the home belonged to your father, he could do whatever he wanted with it. Unfortunately, transferring real estate from one person to another MUST be in writing. [Verbal agreements are acceptable in other areas of the law, but they are not enforceable to transfer real estate from one owner to... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can physician use medical records that were obtained at the hospital ED during a medical malpractice case?

If a defendant was a Plaintiff's attending physician at the hospital, can physician use medical records that were obtained at the hospital Emergency Department during a medical malpractice lawsuit?

James L. Arrasmith
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answered on Apr 10, 2024

In California, the use of a patient's medical records obtained during the course of treatment, including those from an emergency department visit, may be permissible in a medical malpractice lawsuit under certain conditions. However, there are legal and ethical considerations that need to be... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Kentucky on
Q: I was in auto accident 1/17/2024 and have full coverage insurance will my car insurance cover my medical bills
Anna Aleksander
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Anna Aleksander
answered on Apr 9, 2024

It depends! If you have no fault coverage your medical bills will be paid by your insurance up to the amount of coverage that you purchased (typically $10,000.00). Excess bills will be paid by the party at fault. If you were injured by an uninsured or under insured driver your own policy would pay... View More

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2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: what makes an injury case? Does my husband even have the rights to open a case?

A few months ago a local company was laying fiber lines along the road and had to dig up sections of our yard, on sunday my husband was mowing and didnt see a sink hole that was left by the local company till he drove the lawn mower into it after the mowing accident he can barely walk, and is in... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

Ordinarily, a company that creates a dangerous condition on property has a legal duty to warn others of the presence of the dangerous condition or to take steps to make the dangerous condition safe. If the company breaches that duty, it may be liable for any injuries that are proximately caused by... View More

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2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: what makes an injury case? Does my husband even have the rights to open a case?

A few months ago a local company was laying fiber lines along the road and had to dig up sections of our yard, on sunday my husband was mowing and didnt see a sink hole that was left by the local company till he drove the lawn mower into it after the mowing accident he can barely walk, and is in... View More

James L. Arrasmith
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answered on Apr 10, 2024

An injury case, also known as a personal injury claim, is a legal dispute that arises when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. In your husband's situation, there are several factors to consider:

1. Negligence:...
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1 Answer | Asked in Personal Injury for New York on
Q: what is the monetary jurisdiction of colonie justice court
Tim Akpinar
Tim Akpinar
answered on Apr 9, 2024

I'm sorry your question remains open for two weeks. This is really something that attorneys local to that court would know best. For now, you could check with the clerk's office of the court. If your matter involves personal injury, you want to proceed in a court of unlimited... View More

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