California Litigation Legal Questions

It sounds like you need to hire an attorney to sue your insurance company. The insurance company should have either worked out a compromise and settlement with the State of California or sued. The insurance can't leave you in jeopardy to this kind of unilateral seizure of your tax refund. It is possible that for less than $1000, maybe less than $500, a lawyer could review your policy, the police report, all the letters and emails, and everything else you have about this accident, and write a fierce letter to your insurance company. After that, the insurance company might hire and pay for a lawyer to represent you against the state. That is often my assignment, to persuade the insurance company to do what it agreed to do in its insurance policy. If the insurance company refuses, we would need to discuss what to do next. Lawsuits are expensive. This could easily cost more than $50,000 in attorneys fees. At some point, there will be a settlement conference or mediation, and the first thing you will be asked to compromise and give away is your claim to be reimbursed for your attorneys fees. There are lawyers who do car accident cases on a contingent fee basis. This is a little different from what they usually do, but one of them will understand the issues and the numbers. They generally take about 1/3 of whatever they collect. Maybe a little less if they can settle the case very early. More if the case goes to trial. They are easy to find in the Yellow Pages and on the internet. Dana Sack  ... Read Answer

If you said that you would pay that price and the price is one that a reasonable person could think the store would be willing to sell the item for, then you have a verbal contract which is enforceable. But if the price is so low that you know the seller has made a mistake, there is not the required meeting of the minds and, thus,no contract.... Read Answer

Most cases settle. Forcing the other side to subpoena your witnesses for depositions just runs up the attorneys' fees and costs and makes the whole process take longer. On the other hand, if possible, you or your attorney should be present for these interviews, so that you can make sure the lawyer doesn't try to talk your witnesses into changing their stories. Doing such interviews by telephone is common, either with 3-way calling or a conference call, or with you in the witness together on a speakerphone and the other side callling in. Defense lawyers, insurance adjusters and investigators often want to record such calls. I do not like to have such calls recorded. I insist that no recording devices be used and that the informal conversation not be transcribed, written down word-for-word by someone listening in, and that the other side agree to that and confirm that the conversation is not being recoreded, electronically or in writing, during the interview. You can't force your witnesses to not speak with the other side. You are not required to tell your witnesses that they must speak ot the other side. You are allowed to ask your witnesses to not speak to the other side. You can even ask them emphatically not to. My advice is to allow the interviews, but only when you are present, either in person or on the phone. And don't let them record any of the interviews. If you appreciate this free advice, please remember to refer me to anyone you know who needs a lawyer. Referrals are still our best source of business. My firm and I are described at www.sackrosendin.com. Do you have a revocable living trust to avoid probate, instead of a will? Probate takes too long, is expensive, and is annoying. Save your family a lot of trouble by having a revocable living trust. Some people refer to it as a living will. Revocable means you can change it, add and subtract property from it, and even cancel it completely, whenever you want. For $1500.00 I write such a trust, plus a back-up pour-over will to cover any property that somehow doesn't make it into the trust, and convey one parcel of real property to the trust, usually the family home. Dana Sack Sack Rosendin, LLP One Kaiser Plaza, Suite 340 Oakland CA 94612 510-286-2200... Read Answer

Is there anything written on the back of the check? Did the defendant write anything like "In ful and final settlement?" Was there a letter or note which accompanied the check? If so, what did it say? Was there a letter sent a couple of days before the check that said the check was coming? If so, what did it say? Technically, legally, in order to create a binding settlement by cashing the check, the defendant was required to send you a letter in advance that he would be sending a check and that if you cashed the check, that it would constitute a full and final settlement and waiver of all your claims. That ought to be the law in small claims court, but sometimes it is ignored. One risk of small claims court is that the plaintiff has no right to appeal, even if the judge gets the law completely wrong. In theory, if the defendant did not do any of the things listed above, you can take his money and continue your lawsuit the for the 2/3 balance he still owes you. At the same time that you cash the check, send the defendant a signed letter, not an email, saying that you are accepting his partial payment in partial satisfaction of what he owes you, state how much is still owed, and that you will continue your lawsuit to collect that amount still owed. If you appreciate this free advice, please remember to refer me to anyone you know who needs a lawyer. Referrals are still our best source of business. My firm and I are described at www.sackrosendin.com. Do you have a revocable living trust to avoid probate, instead of a will? Probate takes too long, is expensive, and is annoying. Save your family a lot of trouble by having a revocable living trust. Some people refer to it as a living will. Revocable means you can change it, add and subtract property from it, and even cancel it completely, whenever you want. For $1500.00 I write such a trust, plus a back-up pour-over will to cover any property that somehow doesn't make it into the trust, and convey one parcel of real property to the trust, usually the family home. Dana Sack Sack Rosendin, LLP One Kaiser Plaza, Suite 340 Oakland CA 94612 510-286-2200... Read Answer

It sounds like this is an invasion of privacy that would also violate the celebrity's right of publicity. If photos were taken surreptitiously within his house this, may also be a criminal invasion of privacy, stalking, and other crimes. Depending on who owns the photos, you may also be violating that person's copyright.... Read Answer

An engagement ring is a gift. You own it. Many people consider it polite and appropriate to return an engagement ring if the wedding is called of. But that's not the law. You can sue him for up to $10,000.00 in small claims court. Neither side can be represented by an attorney. The filing fee and the fee for a registered process server to deliver the lawsuit to your ex are both added to the judgment, if you win. One problem with small claims court is that you waive any right to appeal. If you are unhappy with the decision, tough. However, if the defendant is unhappy, he can appeal, and automatically there will be a whole new trial, but this time in Superior Court. At that trial, lawyers are allowed, and both sides can continue appealing all the way to the Supreme Court, if either of them is crazy enough to spend that much on a dispute worth less than $10,000.00. If you are done with this guy, my best advice is to move on and have no further contact. Any contact you have with him from now on is going to be unpleasant. Who wants that? Delete him from your address list and never call or think of him again. You're done. A lawsuit will just prolong the unpleasantness. It's not worth it. If you appreciate this free advice, remember to refer any of your friends or anyone else who needs an attorney to me. Referrals are our best source of new business. Dana Sack 510-286-2200 www.sackrosendin.com... Read Answer

The conduct by the person who did it must be really bad. The cases use words like severe, extreme, outrageous, and shocks the conscience. Just because the victim has a severely bad reaction to the other person's conduct is not enough. It is the conduct of the defendant which must be really bad. In order to prove that you suffered emotional distress, there is no legal requirement that you have been treated by a psychiatrist or psychologist for the injury, but it helps. An insurance adjuster or a jury are likely to be skeptical about someone who claims to have suffered emotional distress, if it wasn't bad enough for the victim to seek professional help. You can only claim damages for the emotional distress caused by the wrongful conduct. Therefore, the defendant's attorney is entitled to establsh a baseline of your mental condition prior to the wrongful conduct. That means that your entire current and past history of emotional issues can be required to be disclosed. The defendant's attorney can ask you intimate details of your dreams, your sexlife and your fantasies, and you are required to be truthful. Many people are unwilling to make such disclosures. Dana Sack 510-286-2200  ... Read Answer

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Since we do not have all the facts, it is impossible to give a completely accurate answers. For example, where were the drugs found? Was permission given to search you? Why were you initially pulled over? If you have not done so already, I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. She would then be in a better position to analyze your case and advise you of your options.... Read Answer

It would be very difficult to successfully sue her as you must show her actions are outrageous or that she has defamed you. Speak to her husband and see if peace can be made between you. She has the right to do with her child as she wants, including not letting you see her child. Try family counseling.... Read Answer

Yes, that satisfies the requirement. However, if at trial, she denies having received it, you have the burden of proving it was actually done. If the friend who served it is not there, the judge ought to rely on the Proof of Service by your friend, but the judge does not have to. If you use a registered process server, his or her Proof of Service is presumed to be truthful and correct, and the defendant has the burden of proving that it is false. About the only way to prove that is with a plane ticket or passport stamp proving the defendant was away, and that never happens. A registered process server charges $65 or $75, and if you win, it is added to your judgment as "court costs." Of course, you still have to figure out how to collect from the defendant. Dana Sack 510-286-2200  ... Read Answer

Courts try to stay out of religious disputes. What procedures and remedies might be available to you will depend on the manner in which your temple is organized and the religious law of your religion, as described by an expert on that subject. In California, religious associations are often organized as either non-profit religious corporations or as corporations sole. The non-profit corporation law provides members with a variety of Anglo-American legal protections. A corporation sole puts all ownership and control into an individual, and that person is subject only to any religious hierarchy which appoints him. Catholic bishops are corporations sole. The bishop "owns" everything the church owns within his geographic jurisdiction, and he is subject only to canonical church law. When the bishop changes, so does the corporation sole. Because of all the lawsuits against the Catholic church and its bishops as corporations sole as the owners of its assets, the church has diversified the ownership, placing many local churches, schools and hospitals into their own separate corporations sole. If you temple is not organized as either of these, we could try to convince the court that it is a partnership or unincorporated association, but that doesn't give the court much guidance regarding what to do. A major problem is that contributions to a religious organization are often treated as gifts. Gifts do not confer any ownership rights, voting rights, or any other say in how the funds or used or the operations of the religious organization. You probably don't want a non-Sikh imposing non-Sikh standards on the resolution of this dispute. Mediation would be a better course of action. A mediator is a knowledgeable and respected third party who tries to negotiate a compromise between the two sides. Many mediators are retired judges, who are in a good position to tell each side, privately and differently, what the likely results and problems will be if they go to court. It is typical for a mediator to meet with the two sides in separate rooms, in order that they can speak frankly, and both admit weaknesses and not enflame the situation when angry. If you would like to discuss this further, I would be happy to meet with you or get together on teh phone. If you would like to arrange such a meeting or phone call, please call me. Dana Sack 510-286-2200  ... Read Answer

Talk to the lawyer who represented you. He might be able to get them to do the right thing. Was there an insurance company involved? If so, your attorney might want to threaten to cancel the settlement agreement and tell the court you want a trial date. Insurance companies hate trials. California Contractors State License Board www.cslb.ca.gov Dana Sack 510-286-2200  ... Read Answer

First, you know, of course, that you need to find a new dentist. Run, don't walk, from this guy. Second, don't pay him and don't ask your insurance company to pay him. Third, if he sues you or reports your account as delinquent to any of the three credit reporting agencies, sue him for libel, which is the wrongful conduct of making false statements about you which cause you injury. Lawsuits are one of the things we do best. Dana Sack 510-286-2200 www.sackrosendin.com... Read Answer