Restrictions on competition are generally unenforceable in the state of California. Business and Professions Code section 16600 states: "Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void."
There are some narrow exceptions involving the sale of a business (to protect people who purchase a business from having the previous owner turn around and immediately compete with...
I am very sorry to hear about your granddaughter's injuries. She likely has legal claims against the owner of the dog for negligence and perhaps also strict liability pursuant to California's dog bite statute. Consult with a personal injury attorney immediately. Good luck to you both.
The civil justice system would be meaningless if defendants could simply shield their assets to prevent collection on a judgment. There are ways to make collection more difficult, sure, but keep in mind that interest will accrue on the outstanding judgment until it is paid. Your LICENSE can also be suspended until the judgment is paid. Sorry, but there is no easy way out. Good luck.
A release of all claims will always be a prerequisite to settlement. The better question is whether you are receiving adequate compensation for your injuries, which depends on how low you've been able to negotiate your health insurance company's lien on your settlement, your medical bills, projected future medical bills, loss of earnings, and more.
More facts are necessary to determine whether you have a claim, but you should absolutely consult with a local employment law attorney regarding this accident. If you can demonstrate that the driver of the vehicle was negligent in causing your injuries, you would be entitled to compensation for your medical bills, lost wages, and general "pain and suffering."
Understand, however, that few injury claims are straight forward. The legal issues are typically nuanced, and the insurance company'...
Your wife's loss of consortium claim is distinct from her own bodily injury claim. It is common to request a release of a spouse's LOC claim as part of the settlement for the physically injured spouse. If your wife was physically injured, waiving her loss of consortium claim will not impact her ability to sue for her own bodily injury.
Your damages are sufficiently severe to warrant further investigation into this claim. Ultimately, you will need to prove that the stairs without railing constituted an "unreasonably dangerous condition," and that will depend on a number of facts which cannot possibly be determined through this limited online forum. Consultation with a local personal injury attorney would be strongly advised.
That simply refers to culpable parties who have yet to be identified. Essentially, the plaintiff is "covering their bases" by naming these parties as "Does" now so they can go back and amend their complaint if they learn through the discovery process that someone else is also liable.
If the homeowners policy was revised to have a "canine exclusion," the only way to hold the insurance company responsible would be to argue that the revision is unenforceable, either because it was misrepresented to you or changed during a coverage period for which you had already paid and during which the claim arose.
You'd need to discuss the dischargeability of a punitive damages award with a BK attorney, but my understanding is that punitive damages fall within the 523(a)(6) exemption...
You cannot sue for prospective harm. Think of how clogged our court system would be if everyone could sue for what "almost" or "might have" happened.
Assuming you have not yet sustained an injury, you have no claim. Even if you are injured, your sole recourse against your employer would be to file a workers comp claim unless you can prove that your injury was a result of their reckless or intentional misconduct or the result of third party negligence (someone that doesn't work for the...