Gordon Alexander Glenn's Answers

My landlord wants us moved out by the 31st if he doesnt recieve full payment by the 21st. Is this legal? What can we do??

The landlord must follow proper procedures in order to get a writ for possession issued by the Court. First, you must be served with the appropriate 3 Day Notice to Pay Or Quit. If you fail to pay or quit, then the landlord can file a lawsuit for Unlawful Detainer. Once served, you have only 5 days to respond, so be sure to do so to avoid a default. If you file and answer, you can expect to have the court hearing in about 3 weeks. Even if you lose, it could take a week to 10 days for the...

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Is my landlord liable for tree sap damage to my car in my assigned parking space? Can I break lease if no remedy?

It is doubtful that this rises to the level of a material breach of the rental agreement and would not be grounds to cancel your lease agreement. However, you could sue the landlord in Small Claims Court for your damages. Perhaps you should consider getting a cover for your car and request that the landlord pay for it. If not, add that to your car cleaning damages in your Small Claims suit.

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What is the time frame limit to filing a Medical Malpractice claim in state of California? Pt taken to ER & required surgery.

I would concur with what Ms. Grigsby mentioned, but I would also add that you should look at CCP 364 which states that "(a) No action based upon the health care provider's professional negligence may be commenced unless the defendant has been given at least 90 days' prior notice of the intention to commence the action." and "(d) If the notice is served within 90 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 90 days...

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What is the statue of limitations on time for a birth injury? child was born on 14sept05.

Oh, Mr. Fink, you should be ashamed of yourself. The Statute of Limitations for medical malpractice claims regarding minors is not tolled for that length of time. See California Code of Civil Procedure, Section 340.4. That section states: "An action by or on behalf of a minor for personal injuries sustained before or in the course of his or her birth must be commenced within six years after the date of birth, and the time the minor is under any disability mentioned in Section 352 shall not...

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I was hit by a person that pulled out in front of me. She had a stop and I did not. She totaled my car and I'm in pain can I sue

You really should consult a personal injury attorney. Letting "the enemy" decide whether or not you need medical care, etc., is not good strategy. Long term gaps in medical care will greatly reduce the value of your injury claim. If you have not already received medical care, go see a doctor, or the emergency room as soon as possible. The longer you delay, the more difficult it will be to prove you were injured. If you have no medical insurance, either through auto medpay with your carrier,...

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What happens when i get hit by a car. my motorcycle is totalled and he has a max property damage of $5000.

Assuming the other party was at fault, his insurance carrier is contractually obligated only to pay the maximum $5,000 under the policy. He (the other party) would be obligated to make up the difference. However, make sure that you do not sign a property damage release for the $5,000 from the insurance carrier before you get that $3,000 since that may bar you from trying to collect the other $3,000. Better yet, try to accomplish both at the same time. He pays you $3,000 at the same time...

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WHAT CAN I DO IF A MORTGAGE COMPANY IS REPORTING LATES ON MY CREDIT THAT DOES NOT BELONG TO ME AND IT HAS CAUSED ME A JOB?

If what you say is true, you should contact a lawyer. You may have a good case against the company for filing false debt information about you. They may very well have violated several state laws by doing this. Contact the major credit reporting agencies and ask about the procedure for sending in a letter with your position regarding the supposed debt. It would be helpful if you could provide them with proof that your name is not on the property title and not on the loan documents. If not,...

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Should I release Bodily Injury limits of my policy to the other side's attorney?

Your carrier won't release that information without your consent. It is not unusual for a plaintiff''s attorney to request that information for the purpose of determining whether a policy limits demand would be appropriate. That is, if you have minimal limits, the attorney may offer to settle for that if the value of the damages exceeds your policy limits. On the other hand, if the damages are not too great and you have a large policy, it may make sense not to divulge it since it would not...

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I injured a friend by accident as a result of an activity that a raft touring company encouraged us to do. Who is responsible?

There may be a number of responsible parties, but since you are the one writing I will restrict my response to you. If I were you, I would contact my homeowners insurance carrier and see if they would cover for this. There are potential defenses, such as assumption of the risk. But I am concerned that you have admitted you jumped without looking. The activity is not so dangerous if people behave reasonably, but it would be reasonable to expect that people are going to look before they jump....

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What should I do after injured in a cafe restaurant with a broken glass in the floor?

In a premises liability action, for a store or restaurant to be found liable, you need to show that they caused the condition or, had actual notice of the condition, or the condition had been present long enough for implied notice and that they failed to take reasonable steps, within a reasonable time, to correct the condition. If you can prove that, then you have a case. However, unless you injury was serious and left you with either a permanent disability or scarring, most attorneys would...