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California Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Appeals / Appellate Law and Medical Malpractice for California on
Q: IME Dr demanded that my friend take off his PPE as a condition of continuing his IME.

When he refused, Dr cancelled rest of IME. Defendants have issued evidence sanctions even though they have all of my friend's medical records and the nature of his injuries are not ones that would even be visible without any PPE. What are his options? Can he sue the IME Doctor for... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 21, 2021

MORE INFO NEEDED.

IF HE HAD AN IME EXAM, THE CASE IS IN LITIGATION AND HE SHOULD HAVE A LAWYER.

THAT IS THE PERSON THAT SHOULD ANSWER THE QUESTION AS S/HE HAS ALL THE INFO

YOU CAN ALWAYS SUE ANYONE AT ANY TIME.

THE ISSUE IS THAT LAWYERS WILL NOT TAKE THE CASE ON A...
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1 Answer | Asked in Medical Malpractice, Personal Injury, Civil Rights and Legal Malpractice for California on
Q: EMT could not perform job detail and worsened my injury

after 2 calls to 911 and aprox. 25 min, 2 5 foot female EMT and one firefighter arrived. I live 5 blocks from firehouse. the ambulance came from another county two towns away. They never gave me medical attention on site. they pushed and nudged my shoulder to get up and walk to their gurney, which... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Sorry to hear that your medical condition caused you pain. What you have is a potential "Governmental claim" and you should seek the assistance of a local Personal Injury attorney. You have a limited time to file a "Government claim form" against the agency that provided the EMTs.

1 Answer | Asked in Personal Injury and Civil Litigation for California on
Q: How can we, as plaintiffs, who have to stop litigating not end up responsible for the defense costs? didn't know this

How can we, as plaintiffs, who have to stop litigating not end up responsible for the defense costs? We never even realized this was a possibility when we sued. We sued for a very good reason, but for several reasons, we cannot continue this lawsuit any longer (it has been 3 years). Really would... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

First, don't tell the defense you have to stop litigating. You need to settle and get mutual releases. You should discuss with your attorney.

Q: I need a lawyer to represent me in a case against the juvenile detention agency in san Diego county
Tim Akpinar
Tim Akpinar answered on Sep 20, 2021

A California attorney could advise best, but your post remains open for two weeks. You could continue to await a response here, but it could be difficult for an attorney to reply - this is only a Q & A board. Some options you could consider include looking into sites that do operate as attorney... Read more »

3 Answers | Asked in Bankruptcy, Personal Injury and Civil Litigation for California on
Q: WE'RE PLAINTIFFS IN CIVIL SUPERIOR CASE X 3 YRS AND WANT TO STOP CASE, HOW DO WE MAKE SURE WE WON'T PAY ANYDEFENSE FEES?

We need help with how we should word the motion filed to withdraw vs dismiss or what to call it? What is the best way to go about doing this to be 100% sure we are not responsible for the defendant's attorney fees and can the defense come back and try to sue us after we either withdraw or... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 18, 2021

you really want to have an attorney contact them to try to get some money and then when they say no, to ask if I can get them to drop/dismiss the case, we would want a release agreeing that each side shall bear their own costs.

if they know you are going to give in, then they may not agree...
Read more »

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4 Answers | Asked in Employment Discrimination, Employment Law and Personal Injury for California on
Q: Can you help me sue my employer, the city of Oakland.

I have a workers comp case (Psych) as a result of bullying and threating by an operations manager. 1. I was retaliated against for filing a complaint (Denied a promotion, interference by Director of Public Works in the Workers Comp process) . 2. I was also harassed, discriminated against and... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 13, 2021

Unfortunately, this Q&A site is not a place to ask attorneys to contact you to work for you.

If you can prove you were harassed and discriminated against because of your religious beliefs, you may well have a meritorious legal claim.

Whether or not you would have a meritorious...
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1 Answer | Asked in Personal Injury, Copyright and Arbitration / Mediation Law for California on
Q: His do I file a formal writ to the courts for personal possession?
Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

Some Judicial Council forms deal with the right to possession. They can be found on your Local Superior Court website under "Forms: State forms". They may give you some ideas, and they will cite some statutes regarding writs for possession. Consult a local attorney about recovering... Read more »

1 Answer | Asked in Personal Injury for California on
Q: If a child breaks my child's glasses should the parents be responsible?

A boy (12) took my daughters (11) brand new (less than 1 month old) glasses off her school desk and threw them across the classroom. Hard enough to break one of the arms off of them. I now have to replace them. The 2 kids weren't fighting or rough housing etc before hand. It was completely... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Yes, a 12 year old knows this behavior is wrong and it is wrong to damage some else's property. You should consult with the teacher and the principal and present the bill to the parents for the child. If they don't pay, take them to small claims court, it will be a good lesson for... Read more »

1 Answer | Asked in Contracts, Personal Injury, Insurance Defense and Small Claims for California on
Q: If loaner company knew I had a nonowners insurance policy does that mean they are held liable for any damage done tocar

They didn’t offer additional coverage, knew I had nonowners & loaned a vehicle. Vehicle was damaged & nonowner policy won’t cover it saying they should’ve never let me drive away with it. Am I responsible for the damages to the car? Or are they because of negligent entrustment?

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Normally "negligent entrustment" is when someone entrusts property to a third person who then injures you. Claiming to be the incompetent person to whom the property was entrusted is an interesting legal theory but it may not fly in court. You don't say how the car was damaged.

1 Answer | Asked in Personal Injury, Products Liability and Civil Litigation for California on
Q: Do I have to serve all copies of court papers through defendants registered agent in California
Theodore Allan Greene
Theodore Allan Greene answered on Sep 1, 2021

You need to serve the initial papers on the registered agent and then what usually happens is they appoint an attorney to handle the matter. From there forward you would serve all your documents on the attorney representing the Corporation or LLC.

2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: been sued by insurance company for over 107,000$ I was involved in car accident with motorcycle I didn’t had insurance

They put it at my fault because i was turning to the left when out of saddens a motorcycle hit my rear passenger side door but there was no damage in the motorcycle and the guy walking normal now I don’t have that much money what should I do what’s my opinions if anyone can help let me know... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 23, 2021

MUCH MORE INFO IS NEEDED.

HOWEVER, THE PERSON TURNING LEFT IS USUALLY PRESUMED TO BE AT FAULT........BUT SO IS THE PERSON REAR-ENDING YOU.

I ASSUME THEY ARE SAYING NO SIGNAL BY YOU SO NO NOTICE OF TURN.

I SUSPECT THIS CASE WAS SOME TIME AGO AS IT TAKES A LONG TIME TO GET A...
Read more »

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1 Answer | Asked in Personal Injury and Business Law for California on
Q: I need help suing a business that has been harassing me. Which area of law is it?

There is a business that is improperly treating the premises on which they work and disobeying simply given instructions and being evasive and uncooperative both in general and when trying to get a copy of the Terms of Use, client agreements, and other basic legal paperwork, and they refuse to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 5, 2021

you need a business litigation lawyer........

however, they normally don't handle cases like this on a contingency.............

soooo, you will have to come up with a retainer in all likelihood..

3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Could I fire my lawyer, take the offer that my lawyer rejected on my own?
Dale S. Gribow
Dale S. Gribow answered on Aug 5, 2021

you can always fire your lawyer and get a new one or handle on your own.

the lawyer's name will be on the settlement check and he would probably set up a hearing before a judge to determine quantum meruit..........payment for what work he did

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1 Answer | Asked in Personal Injury and Civil Litigation for California on
Q: Are IIED cases successful?
Tim Akpinar
Tim Akpinar answered on Aug 3, 2021

A California attorney could advise best, but your question remains open for two weeks. Cases based on a cause of action for intentional infliction of emotional distress could be successful, but they can also be tough cases. Some firms could be reluctant to take handle them n a contingency... Read more »

1 Answer | Asked in Personal Injury for California on
Q: Experienced hair loss and scalp irritation from these products. How do I go about suing them for pain and suffering?

v. Johnson & Johnson Consumer Inc.

Tim Akpinar
Tim Akpinar answered on Aug 3, 2021

A California attorney could advise best, but your post remains open for three weeks. You could research online to learn about the disposition of the case, and the law firms associated with it. Good luck

Tim Akpinar

2 Answers | Asked in Personal Injury and Civil Rights for California on
Q: HOW DO I GET A LAWYER TO HELP WITH MY ISSUE??

Years ago I was injured in the custody of the LA county sheriffs department. The injury left me with a brain and spine injury and diagnosed with an uncontrollable movement disorder. Apparently I had 2 years to file the claim, however I was in the sheriffs custody for 3 years. Can I still file a... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Aug 2, 2021

You need to sit down with an attorney who can analyze your situation. Were you in prison? Did you ever file a Government Tort Claim. These are other questions need to be answered in order for someone to see if you have any options still available.

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2 Answers | Asked in Consumer Law, Contracts, Personal Injury and Banking for California on
Q: My checking account was cleared by the bank of nearly $9,000.00 for a debt that is not mine. The bank will not return $.

Debt belongs to ex husband. Debt was granted and incurred post divorce by 2 years. Divorced 2015, his alleged debt was applied for in 2017 and (per the ex) . Both myself and my ex have tried prior to this to remove his name from the account but WF gave us a terrible time and couldn’t figure it... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jul 26, 2021

You need to call and speak to a lawyer right away. This is not something you can resolve by posting on this forum. You will likely need to hire an attorney to have this resolved.

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1 Answer | Asked in Personal Injury for California on
Q: What's the next step when you receive a demurrer and answer from two different defendants ?

I filed a personal injury action against defendants, and listed the security company and the bar in the lawsuit. The attorney representing the bar responded with a demurrer and the attorney representing the security company filed an answer.

The attorney representing the bar also filed an... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 26, 2021

more info is needed.

however, you clearly need a lawyer. the defense will just paper you to death.

you have to deal with each party you sued.

if there is a demurer they are arguing there is not enough evidence...........

if an answer is filed you have to set further...
Read more »

2 Answers | Asked in Criminal Law and Personal Injury for California on
Q: Is it to late to file charges for assault?

I was assated by a girl I know a month ago leaving me with a bruised eye. Ii have pictures as well as people whom she told she did it. She also told them I did not touch her. Now she's saying I hit her. I have pics of us both I have a black eye she does not in pics. The pics were taken the... Read more »

Joseph Abrams
Joseph Abrams answered on Jul 26, 2021

While it's not too late to file a police report about the incident, the delay in reporting may effect the strength of the evidence and whether or not authorities will want to pursue the case. If you do file, be sure to have all your evidence in order and be able to explain truthfully exactly... Read more »

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1 Answer | Asked in Personal Injury, Civil Rights and Constitutional Law for California on
Q: I'm being harassed nmy privacy is invaded by drones, can I sue the drone operators or the department their employed by?

Duration of harassment is almost 1 yr. Drones are tracking my movements inside my home n following me as I drive. I believe it's law enforcement related n I know the location of their llaunch site but they won't allow me to confront them without threatening behavior from personal

Dale S. Gribow
Dale S. Gribow answered on Jul 23, 2021

anyone can sue anyone for anything at any time.

the question is will you win.

i don't handle drone cases............however, if there is a case and you can't find a lawyer, you can always consider small claims court.

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