Rebekah Ryan Main’s Answers

Rebekah Ryan Main

Rancho Cucamonga Divorce / Separation Lawyer.

Contributor Level 18
  1. If a client wants his file from his lawyer, is the client required to pay for it? Doesn't the file belong to the client?

    Answered about 2 years ago.

    1. Rebekah Ryan Main
    2. Frank Wei-Hong Chen
    3. Christine C McCall
    4. Paul Y. Lee
    4 lawyer answers

    I direct your attention to the California Rules of Professional Conduct, Rule 3-700 Termination of Employment (D) Papers, Property, and Fees. A member whose employment has terminated shall: (1) Subject to any protective order or non-disclosure agreement, promptly release to the client, at the request of the client, all the client papers and property. "Client papers and property" includes correspondence, pleadings, deposition transcripts, exhibits, physical evidence, expert's reports, and...

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  2. Is Pro Se litigant entitled for monetary sanction fees in Motion to Compel further response to Discovery Request?

    Answered over 1 year ago.

    1. Rebekah Ryan Main
    2. Frank Wei-Hong Chen
    3. Constantine D. Buzunis
    3 lawyer answers

    The short answer is no, unfortunately you are not entitled to “fees” as a pro per litigant. If it is any consolation, I would not be entitled to fees myself (even though I am an attorney) if I prepared a Motion to Compel in my own litigation matter. Basically, you are entitled to be reimbursed for the money it cost you, such as filing fees, etc. Best of luck to you. Attorney Rebekah Ryan Main If you found this answer helpful, let me know by clicking the "Mark as Helpful" button...

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  3. When does the CA Statute of Limitations begin and how far back can they sue for?

    Answered about 2 years ago.

    1. Rebekah Ryan Main
    2. Frank Wei-Hong Chen
    3. Robert Anthony Burke
    3 lawyer answers

    You’re sort of right. What you need to keep in mind is that the contract is breached when you fail to pay. The statute runs from the breach. It’s an open book account at this point. And I will add that it’s hard to get tricky with lawyers and the rules. That said, perhaps you should arbitrate? http://www.calbar.ca.gov/Attorneys/MemberServices/FeeArbitration.aspx Best of luck to you. Attorney Rebekah Ryan Main If you found this answer helpful, let me know by clicking the "Mark...

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  4. Can I sue a specialist doctor for refusing to treat or give me the medication I need based on a claim that he has no experience

    Answered over 2 years ago.

    1. Rebekah Ryan Main
    2. Terrence Marc Rubino
    3. William Scott Adams
    4. Christine C McCall
    5. Joel Jay Kofsky
    6. ···
    6 lawyer answers

    The short answer to your question is: MAYBE. I know that sounds a bit squishy but I’ll explain. The reason the answer is “maybe” lies in the definition of medical malpractice — A doctor’s failure to comply with the prevailing standard of care in rendering (or failing to render) medical care and treatment to a patient which results in compensable harm. I would be very surprised to learn that a “specialist” had no experience in a common GI disorder or was unable to do more than send you away....

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  5. If I leave my husband am I still entitled to half of everything we accumulated over the marriage?

    Answered almost 2 years ago.

    1. Michael Charles Schwerin
    2. Daniel Seth Williams
    3. Rebekah Ryan Main
    4. Michael John Apicella
    5. Manuel Alzamora Juarez
    5 lawyer answers

    You should meet with a knowledgeable family law attorney to discuss your options. This answer is general and will not replace a personal consult, but I want to give you a little peace of mind. Community property laws say that all the assets, income and debts acquired by married people during the marriage are shared jointly. This means that you own one half of the assets and are responsible for one half of the debts acquired during marriage, whether you were working or not. Divorce in...

    8 lawyers agreed with this answer

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  6. Can a winning plaintiff (civil case) take over my store/cafe and home which is in the building? How can I protect myself?

    Answered over 1 year ago.

    1. Catherine Elizabeth Bennett
    2. Rebekah Ryan Main
    3. Frank Wei-Hong Chen
    4. Robert Bruce Kopelson
    5. John L Ponzini
    5 lawyer answers

    This sounds as though you have a lot to lose. May I ask why you don’t have an attorney? I suggest that you consult with an attorney right away. The general answer is YES. A winning plaintiff obtains a judgment against the losing defendant which may then be satisfied and/or enforced is some pretty draconian ways. Whether or not you stand to lose a house, or property, depends on whether you are entitled to a claim of exemption. You really need to consult with a civil defense attorney....

    8 lawyers agreed with this answer

  7. Grounds for a malpractice suit?

    Answered over 2 years ago.

    1. Jacob Adam Regar
    2. Rebekah Ryan Main
    3. Norman Gregory Fernandez
    4. Mary Katherine Brown
    5. Christian K. Lassen II
    5 lawyer answers

    To add to the very good comments of counsel, another causation “problem” is presented with failure to diagnose cancer cases, even where there is serious damage. In order to prevail, the patient must not only prove a failure to timely diagnose, and damages, but must also prove that an earlier diagnosis would have more probably than not resulted in a better outcome. This is very difficult to demonstrate and does not appear to be demonstrable here. I am very glad to hear that your husband...

    8 lawyers agreed with this answer

  8. Is it legal malpractice if my medical malpractice attorney never obtained expert review of my medical records? He lied to judge.

    Answered about 2 years ago.

    1. Rebekah Ryan Main
    2. James Michael Slominski
    3. Marc Edward Stewart
    3 lawyer answers

    Of course, I do not know any of the facts of your case. However, based on the assumption that you had a good case, which was dismissed with prejudice for your attorney’s failure to obtain an expert to criticize the doctor defendants (this is absolutely required no matter how clear the malpractice may appear to you and me), then yes, this sounds like malpractice. Proving legal malpractice involves proving that you would have won in the first place and that it was your attorney’s negligent...

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  9. My husband took my 2 children and will not let me talk to them or see them. Married and no custody order. What can I do?

    Answered about 2 years ago.

    1. Rebekah Ryan Main
    2. George Baker Richardson
    3. Richard Forrest Gould-Saltman
    4. Hillary Johns
    4 lawyer answers

    You can file an emergency request for custody orders. This is something that you should have an attorney help you with. You need to do it ASAP. Once you have orders, you can ask the police for help. Do you know where they could be? If you suspect that he is taking the children out of state, you should call and report this to the police even before you go to court. Because you do not yet have custody orders, the police may not be able to help. But removing the children from the state...

    7 lawyers agreed with this answer

  10. The at fault party can only offer their $15K policy limits for my medical bills and wage loss (over $30K). Want to sue w/o Atty.

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Steven Mark Sweat
    3. Elizabeth Smith-Chavez
    4. Rebekah Ryan Main
    5. Matthew Rabban
    6. ···
    6 lawyer answers

    I won’t echo the others good advice about getting an attorney. I will say this: If you are going to pay for some legal assistance in drafting your complaint, pay a lawyer. I cannot tell you how many times I have cleaned up messes made for my clients by going to a “paralegal” for legal advice and assistance before they came to me. And, if you’re studious and willing to do the homework, you may be able to DIY this. Best of luck to you. Attorney Rebekah Ryan Main If you found...

    7 lawyers agreed with this answer

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