California Recent Legal Answers from Lawyers

Did you sign any agreement/contract with the porta-potty company re rental of the unit?  If not, they have no grounds to demand you make any payment. Their remedy is to pursue the contractor that rented it, not you. Call the porta-potty company and tell them you never agreed to rent/pay for the unit, so you are not legally liable/responsible for payment, and they need to pursue the contractor for payment. You have made a demand that they remove the unit, so any charges incurred after your demand are their responsibility.... Read Answer

To answer your questions: 1) Yes, the ADA places the legal obligation to provide services on both the landlord and the tenant. The landlord and the tenant may decide by lease who will actually make the changes and provide the aids and services, but both remain legally responsible. 2) Since she is on the lease, then yes she is jointly responsible. 3) See 1 4) The insurance coverage will depend on the terms of the insurance policy, but I doubt ADA compliance will be covered, since liability insurance is there to pay on claims of injury (e.g. if someone falls and gets hurt on the property). It doesn't matter than the plaintiff has filed so many lawsuits for ADA compliance.  It's a legally required obligation and there's no way around being compliant when someone challenges the store's non-compliance.  You can avoid the lawsuit (i.e. make it moot) by complying with the ADA requirements asap and negotiating a dismissal with plaintiff. Contact me if you would like to retain my services to advise with this issue or defend you in the lawsuit.... Read Answer

Sorry for your situation.  I would need to see the title to the house she bought for you, and all the related documents.  Is title in your name or in the name of her trust?  Of course, I also see the lawsuit that she filed.  At this point, you have no choice but to respond to the complaint.  ... Read Answer

What a nightmare!  Please contact me to discuss legal remedies for violation of your civil rights/elder abuse.  If you can send me the police report and tell me what the inaccuracies are and your version of events that contradicts the PR that would be helpful as a start.  Dan@therowanfirm.com... Read Answer

So sorry that you have suffered bleeding and complications after bladder sling surgery during your hysterectomy. You should contact your health care provider as soon as possible to diagnose and treat the cause of your bleeding and pain. You may have a product liablity case against the product manufacturer of the sling, but it is dependent on what appears in your medical records. Bladder sling and pelvic mesh product liability lawsuits have been ongoing since 2011 with over 100,000 claims filed and many products have been taken off the market. If your symptoms are life-threatening, go immediately to an emergency room. Wishing the best for you. ... Read Answer

Yes, if you were required to pay the extra $4,600, you should be able to recover that in small claims based on the written contract you had for the lower price.  If you want to rescind the entire contract and claim they breached it, if the price you paid for the building is more than $10,000 you'll need to file suit in Superior Court.  I can help with that.  Please reach out to me at dan@therowanfirm.com should you wish to pursue such an action.  ... Read Answer

It sounds like the plumber wants to be sure you're not trying to squeeze him for more than the cost to replace the marble, so if you can get a repair estimate and provide that to him, then demand he pay it to you and tell him why you can't get the repairs done immediately, he will have no reason not to pay you.  The Statute of Limitations for property damage in California is 3 years, so you can still sue him up to 3 years after he did the damage.... Read Answer

If there are valid medical liens on your settlement, there's not a whole lot you can do to expedite their resolution.  You can ask the attorney for the names of each of the medical providers who have liens and call them yourself to request they speed up the settlement process.  If you believe your attorney did not settle when you asked him/her to do so, you can report them to the CA State Bar as doing this is a violation of the Bar's ethical rules.... Read Answer

It depends on what the terms of the contract are.  If there's a term in there stating a completion date, then yes you can hold the contractor to that completion date.  But if not, you can ask them to sign a contract amendment providing a firm completion date.  Terminating the contract also depends on the language in the contract regarding that.  Look at the terms to determine what termination rights you may have.  ... Read Answer

Where is your rental unit?  Do you live in the same dwelling as the tenant?  How long have they been there? Please contact me.  I have recent experience handling these matters and am well versed with the ins-and-outs of landlord/tenant law, particularly with the Covid additions.      ... Read Answer

Go to the shop, tell whoever is in charge that the car is in your name (bring the title/pink slip if you can), that you paid for all repairs up front (show receipts), and that you demand the return of your car immediately.  You spoke with an attorney, and will proceed to sue the shop if they don't return your property asap.  If they say there are additional charges you haven't paid for, ask them to show you the estimate and evidence of your agreement to pay for said charges.  They can only put a lien on the car if they have unpaid charges, and if you haven't received any bill and agreed to pay for said charges, their lien will be invalid.  Tell them their keeping your property from you is grand theft and can be charged as a felony, and you have the right to sue them in civil court for the value of your car.... Read Answer

Did you agree either in writing or orally to pay any storage charges when you dropped the trailer off?  If not, you can tell him you never agreed to that arrangement, and any charges he attempts prior to him telling you he will charge you $20/day are void.  However, after he told you he will charge you that and you have a certain time to come get the trailer, you will need to either make other arrangements with him or get the trailer by that date to avoid those charges.  Check out the trailer to make sure the damage has been repaired.  If it hasn't, you can continue to sue him in SC court for that damage (presuming it's less than $10,000 worth of damage).  He may try to offset the storage charges in the court case, but given the amount is so low, maybe he'll be agreeable to settle out of court.... Read Answer