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California Personal Injury Questions & Answers
1 Answer | Asked in Car Accidents, Personal Injury, Social Security and Public Benefits for California on
Q: How will a 100,000 car accident settlement effect my SSI and my Medical Insurance. ?
James L. Arrasmith
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answered on Apr 16, 2024

If you receive a large settlement from a car accident while on Supplemental Security Income (SSI) and Medi-Cal (California's Medicaid program), it can potentially impact your eligibility for these benefits. Here's what you should know:

1. SSI: SSI is a needs-based program, and...
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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: In this scenario, can motion to set aside dismissal of case be served by mail?

Dismissal was entered voluntarily by plaintiff. Defendant appeared at legal action prior to dismissal.

When plaintiff files motion to set aside dismissal against defendant: can it be served by mail?

James L. Arrasmith
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answered on Apr 16, 2024

In California, the method of service for a motion to set aside a voluntary dismissal depends on whether the defendant has appeared in the action prior to the dismissal.

If the defendant has appeared in the action before the voluntary dismissal, then service of the motion to set aside the...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Notifying court, seeking court intervention re: persistent issues in service by mail for plaintiff in pro per.

There is track record of each and every step.

What statutes and rules of court define process of notifying court and seeking court's intervention if improper service by mail by professional process servers persist?

Question by Plaintiff in Pro Per in hospice fraud case.

James L. Arrasmith
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answered on Apr 16, 2024

In California, if you are a plaintiff in pro per (self-represented) and are experiencing persistent issues with improper service by mail from professional process servers, you can notify the court and seek its intervention. The relevant statutes and rules of court that define this process are:... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Can Motion to Set Aside Dismissal against a defendant be served by mail? What rule defines this service?

Can Motion to Set Aside Dismissal against a defendant be served by mail? What rule defines this service?

James L. Arrasmith
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answered on Apr 16, 2024

Yes, under California law, a Motion to Set Aside Dismissal against a defendant can be served by mail. This is governed by California Code of Civil Procedure (CCP) Section 1005(b), which states:

"Unless otherwise ordered or specifically provided by law, all moving and supporting papers...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Summons on proposed Third Amended complaint. Service of process.

Decision on Third Amended Complaint will be made at hearings, scheduled in a few months: for Motion for Leave to File Amended Complaint, and Motion to Set Aside dismissal against defendant, with the proposed Third Amended Complaint enclosed.

When

and how Summons on Third Amended... View More

James L. Arrasmith
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answered on Apr 16, 2024

Under California law, the summons and complaint must be served on the defendant after the court grants leave to file the amended complaint and the amended complaint is actually filed with the court. The specific rules for serving the summons and amended complaint depend on the type of defendant and... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Can Motion to Set Aside dismissal against defendant be served by mail?

Can Motion to Set Aside dismissal against defendant be served by mail?

James L. Arrasmith
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answered on Apr 16, 2024

In California, a Motion to Set Aside a dismissal against a defendant can generally be served by mail. According to the California Code of Civil Procedure (CCP) Section 1005(b), a written notice and supporting papers must be served on the opposing party or their attorney:

1. At least 16...
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2 Answers | Asked in Personal Injury, Business Law and Consumer Law for California on
Q: How to sue a used car dealer out of state?

I purchased a vehicle from Philadelphia to California. All interactions have text or email receipts. The dealer said no check engine lights car drove perfect. Once car delivered check engine lights came on. I had tried to give him the benefit of the doubt and fix the minor issue I was hoping it... View More

James L. Arrasmith
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answered on Apr 16, 2024

In this situation, you have a few options for pursuing legal action against the out-of-state used car dealer under California law:

1. File a complaint with the California Department of Motor Vehicles (DMV): The DMV has a complaint process for issues related to vehicle purchases. They may be...
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2 Answers | Asked in Personal Injury, Business Law and Consumer Law for California on
Q: How to sue a used car dealer out of state?

I purchased a vehicle from Philadelphia to California. All interactions have text or email receipts. The dealer said no check engine lights car drove perfect. Once car delivered check engine lights came on. I had tried to give him the benefit of the doubt and fix the minor issue I was hoping it... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 17, 2024

Sorry for your issues. In this instance, even the advice I always give when buying a car, ie, 'go see it in person' would not likely have helped, as once the CEL is turned off, it usually says off for a few hundred miles. The dealers know this and it's one more thing in their web of... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Other then acting post-factum, after case hurt by improper service of process.

Hospice fraud case, currently was filed by plaintiff as medical malpractice case with claim for punitive damages.

Services of process persist to be defective, taking effort to straighten and fix issues.

If improper service by mail of motions by process servers persist, what actions... View More

James L. Arrasmith
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answered on Apr 16, 2024

Under California law, there are several steps a plaintiff can take to address persistent improper service of process by mail, particularly regarding motions filed by process servers:

1. Notify the court: Inform the court in writing about the ongoing issues with improper service of process....
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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Should Third Amended Complaint and Summons on Third Amended complaint be served by personal service, or served by mail?

If proposed third amended complaint gets filed with court, upon hearing on Motion for leave to file third amended complaint and Motion to Set Aside Dismissal against a defendant;

Should Third Amended Complaint and Summons on Third Amended complaint be served by personal service, or by... View More

James L. Arrasmith
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answered on Apr 16, 2024

In California, when a plaintiff is granted leave to file an amended complaint and the amended complaint adds a new defendant or names a defendant who was previously dismissed from the action, the plaintiff must serve the amended complaint and the associated summons on the defendant in accordance... View More

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2 Answers | Asked in Personal Injury for California on
Q: Our daughter's foot fell into a water drainage and tore up her leg. How does she proceed in suing the city of SJ?

She did file a report online at at the police station. How can she proceed in small claims court against the city for negligence for not covering large gaps in street drainage?

James L. Arrasmith
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answered on Apr 16, 2024

To proceed with a small claims case against the city of San Jose for negligence, your daughter should follow these steps:

1. Gather evidence: Collect photographs of the injury, the uncovered drainage, and any medical records or bills related to the incident. If there were any witnesses, get...
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2 Answers | Asked in Personal Injury for California on
Q: Our daughter's foot fell into a water drainage and tore up her leg. How does she proceed in suing the city of SJ?

She did file a report online at at the police station. How can she proceed in small claims court against the city for negligence for not covering large gaps in street drainage?

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2024

I'm sorry for your daughter's accident. A state or territory was not mentioned in your post, but if you use SJ as short for San José, your daughter could reach out to California attorneys to set up a free initial consult. Her rights could depend upon where the drainage ditch/recess was... View More

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2 Answers | Asked in Consumer Law, Personal Injury, Real Estate Law and Landlord - Tenant for California on
Q: Hello. I sued my ex-landlord's LLC in Las Vegas, NV. Turns out he filed an Answer, not using an attorney...

and he transferred his assets away and shut down his LLC and stopped responding. I asked for case ending sanctions against him. They were granted. I had NO IDEA how to get a default judgment and it took me a few years to figure it out. I finally did though and got a judgment for almost $8,000.... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the complex legal situation you've described, here are a few thoughts and pieces of advice:

1. Jurisdiction: The California small claims court judge is right to question jurisdiction over the defendant, especially if he resides in Nevada and the previous lawsuit was in Nevada....
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2 Answers | Asked in Personal Injury for California on
Q: If the process server contacts the witness and they refuse to accept the subpoena, what should be done.

The witness claims “he will not provide his address and would not accept subpoena anyway“ how to proceed?

James L. Arrasmith
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answered on Apr 15, 2024

If a witness in California refuses to accept a subpoena and provide their address for proper service, there are a few steps that can be taken:

1. Diligent Effort: The process server should make a diligent effort to serve the subpoena in person. This may involve multiple attempts at...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Plaintiff's in pro per notice to court about improper service by process servers for the Plaintiff.

Hospice fraud case against defendant.

If not proper service of process by process servers for Plaintiff in Pro Per persists:

What California rule of court or statute describes motion by Plaintiff in pro per, bringing up to Court's attention improper service performed by process... View More

James L. Arrasmith
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answered on Apr 15, 2024

In California, if a plaintiff in pro per (self-represented) believes that the process servers they hired have not properly served the defendant, the plaintiff can bring this issue to the court's attention by filing a motion under California Code of Civil Procedure (CCP) § 473(b).

CCP...
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2 Answers | Asked in Personal Injury for California on
Q: I slipped n fell walking out of win river casino on the steps that were wet from rain n injured my back do I have a case

It was rainy the steps were wet I walked outside stood there lit a cigarette n hit the first step n my feet went rite out from underneath me n landed on the two steps on my back

Joel Gary Selik
Joel Gary Selik
answered on Apr 15, 2024

First, note there are limitations on suing Native Americans on Native American land such as casinos. Consult with attorneys with specific experience in going these cases.

Next, as with any slip and fall incident, one must prove they did something wrong or failed to do something that caused...
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2 Answers | Asked in Personal Injury for California on
Q: I slipped n fell walking out of win river casino on the steps that were wet from rain n injured my back do I have a case

It was rainy the steps were wet I walked outside stood there lit a cigarette n hit the first step n my feet went rite out from underneath me n landed on the two steps on my back

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you provided, you may have a potential case for a premises liability claim against the Win River Casino. However, pursuing a claim against a tribal casino can be more complex than a typical slip and fall case due to the sovereign immunity that Native American tribes... View More

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1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for California on
Q: Controls. Process serving.

American jurisprudence system was well thought through when information systems to deliver documents were not in place yet.

Thus, there should have been controls established to make sure that service of process,

meant to ensure delivery,

is not used as weapon against in... View More

James L. Arrasmith
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answered on Apr 15, 2024

Under California law, there are several controls in place to ensure that service of process is carried out properly and not used as a weapon against self-represented (in pro per) parties. The court plays a crucial role in overseeing and enforcing these controls. Here are some key aspects:... View More

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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