California General Practice Legal Questions

If you have any basis to believe that the school's negligence caused or contributed to your son's injury, perhaps by failing to provide adequate security, you can sue the school.  If it is a public school, there are probably special procedures you have to follow before you can file suit, and there may be a shorter than normal statute of limitations, so don't dally.  Nothing in your question suggests that the nurse had any part in causing or exacerbating your son's injury, so I don't know the basis on which you propose to sue him/her.... Read More

Hi Angelo, It sounds to me from your description that the dealership probably realized that they errored and they trying to unwind the transaction after the fact. Typically a dealership is not going to allow a transaction based on financing to go through until the customer is approved. Given the fact that you paid for the truck and put down money I don't see how they are in a position to set the deal aside. My opinion might change after reviewing the paperwork, but my initial inclination, based upon what you have shared, is that the dealer does not have the ability to break the deal. Thanks,Jon... Read More

I can't really help you with finding the old doctor, other than that I don't believe that the new doctor doesn't know how to contact him; it is likely that the new doctor has been paying the old in installments on the sale, and at least knows the lawyer who represented the old doctor in the sale transaction.  If you started a lawsuit, you could compel the new doctor to provide you with whatever information he has. Depending on how the sale of the practice was structured, the new doctor may be obligated to repay you or provide services.  For example, if the old doctor operated his business as a corporation, and sold that corporation to the new doctor, the corporation would remain the same and would still be obligated under the contract it made with you.  You may want to look into suing the new doctor (or the entity under which he/she operates his/her business.)  If you asserted a claim against the new doctor, it is likely that he/she would cross-claim against the old doctor, and you could then assert a direct claim against the old doctor as well.... Read More

Not if those were the only facts (although the parent's insurer could be liable if they are covered by the same policy), but you could come up with a scenario where the parent could be liable.  If the parent served the child alcohol, for example, and the child got into an accident because he was inebriated.  If, knowing the child was incapable of driving safely for whatever reason (they were high, they had been having seizures, etc.) the parent did something to facilitate the child driving while impaired (for example, jumping a dead battery knowing that the child was going to drive while impaired, or maybe just giving the child keys which the child had lost).  If the child was not a competent driver but the parent helped him or her cheat to get their license, or bribed the person administering the driver's test.  If the parent had done something to make the car unsafe, like installing improper brakes.  You could probably thing of numerous far out scenarios where the parent would be liable, but any liability would depend on the parent having done something beyond just being the parent of an 18 year old bad driver. ... Read More

With all due respect, it is not for you to determine whether any other party has any interest or grounds for claim, it is for the Court.  You must have the will probated and get the Court to open the accounts (if California procedure is like New York's, the Court will appoint a representative of the estate, who will then take possession of the accounts and distribute them in the course of probate proceedings.)... Read More

Anybody can sue, but that doesn't mean that he will win.  Until a lawsuit is started and you are served with a discovery request for the insurance information, you have no obligation to reveal it.  On the other  hand, if he does sue, he will be entitled to get that information.  If you or your insurance company thought enough of the trespasser's claim to be willing to pay some money to settle the case, you might be wise to give him the insurance information in the hope of reaching a settlement before the matter goes to Court, but since it seems from your question that you are not willing to pay this guy anything, there is probably no point to giving him the information voluntarily. A much more important issue is that you have to notify your insurance company.  Insurance policies require insureds to notify their carrier as soon as they know of a potential claim.  If you wait too long to notify the carrier, it may deny coverage on that basis, which could be a big problem if you are sued.... Read More

Although there can be some esoteric legal consequences which depend on which state is your legal residence (e.g. where you can sue and be sued, the government programs for which you might be eligible, tuition at a state school, etc.) for most people the main difference between being a domiciliary of one state or another has to do with taxes.  I don't know where the taxes would be lower for you, in Montana or California. I'm not sure what you mean about "declaring" your state of residence, unless you mean so stating on your tax return, or in applying for some sort of government program.  There's no formal ritual or paperwork which you would need to file.  Moreover, what you "declare" about your residency is not as important as the facts.  If you live in California 9 months out of the year, you will probably be considered a California resident, regardless of whether you have "declared" that you are a Montana resident.... Read More

Yes, you can sue the thief for the torts of conversion and trespass.  You should probaby wait until he has been convicted, since that will obviate the need for you to prove that he was the thief.  Otherwise you'd have to get the person who found your passport on the thief (or some other witness with personal knowledge) to testify, and that could be a hassle.  It's probably going to be very difficult for you to collect, however.  The thief may  have a number of creditors besides you.  He won't be earning much income during the time he spends in jail, if any.  If he continues his career as a thief, he won't have a regular job from which you can garnish his wages after he gets out (although he may get a job as a condition of parole.)  He is likely not to have assets, like bank accounts, stock, or real property, or at least not in his name, and may not have any steady address.  Your best bet, the one that would present the least amount of hassle for you, may be to see what you can do (e.g. speak to the prosecutor) to make sure that the Court orders him to reimburse you as a condition of his sentence or any plea agreement, with a condition that if he fails to comply with the agreed payment schedule he will go to jail.... Read More

He can sue you, but that doesn't mean he would win.  Once you give a person a gift, you have no right (except under rare circumstances which don't appear to be present here) to take it back.  If you can prove that he gave you these things as gifts, rather than as a loan, you should win.... Read More

The fact that you are not listed on the title does not mean that you could not make a claim against the property.  Indeed, if your husband had purchased the property during your marriage, it is likely (unless he purchased it exclusively with non-marital funds such as an inheritance) that you would have an interest in the property, regardless of title.  Since your husband purchased the property before you were married, it is likely that you do not have any valid claim, but a prudent lender would still want some assurance that you would not make such a claim.  A quit claim deed would provide such assurance, as it relinquishes any rights you may have.... Read More

Smoke invading your home may constitute a trespass and/or nuisance under California law, for which a civil complaint for damages, injunctive relief to enjoin further trespass and abatement of the nuisance may lie.  You might also be compensated for any personal injuries and emotional distress caused by the smoke.   DISCLAIMER:  Please note that this answer does not create an attorney-client relationship, does not constitute legal advice and should not be relied upon, since each jurisdiction has different laws, each situation is fact specific, and it is impossible to evaluate a legal issue without a comprehensive consultation and review of all the facts and documents at issue.   ... Read More