California Recent Legal Answers from Lawyers

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

Was the fire dept able to access the 6000 gallon water tank and transfer the water from it to the home, i.e. to hook up their hoses?  Was there another fire hydrant close enough for them to hook up to or fill the tank on their truck?  It's difficult to sue a public agency for negligence in failing to protect one's assets unless there is clear evidence of gross negligence or a promise to do something they did not do.... Read More

Good morning, and I'm sorry to hear about this tragic incident. You should retain counsel to pursue a claim against potentially the school district on the basis of negligent supervision, and also pursue a claim against the bully's parents also on the theory of negligence and their homeowners or renters insurance coverage may provide a source of recovery on this case. Some counsel handle these cases on contingency fee, which means you don't pay anything unless you win the case. Keep in mind there are very short statutes of limitations against school districts in the state of California, so you should act promptly.    ... Read More

A foreign national spouse who is being physically or emotionally abused by her American spouse or who is being threatened with denial of immigration benefits as a way to control that spouse may qualify for immigrant processing under VAWA. Each case is unique and depends entirely on its own facts, so you need to contact the counsel to see if you would qualify.... Read More