John Robert Mittelman's Answers

How many hours is considered full time employment in california?

California considers 40 hours per week as full time employment. See California Labor Code Section 515 (c): "For the purposes of this section, "full-time employment" means employment in which an employee is employed for 40 hours per week." The section referred to is used to compute "overtime pay." Hope this helps. John M

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Do I have a case for malpractice?

Doctors, just like every one of us that drive a car, have to follow the "rules of the road." If the doctor performed surgery when a lab report that s/he had available to him or her documented that you had a UTI, you should consult with an independent orthopedic surgeon to determine if doing the surgery in the presence of a documented UTI was within or below the standard of care. My instincts tell me that you will have a difficult time establishing a breach of the duty of care (meaning that...

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Do I have a case of malpractice ?

I can state with certainty that a broken reamer or file occurs in root canals without negligence. I have had this occurrence reviewed on two occasions by three board certified endodontists, and the surprising reality is you most likely do not have a case, as this is a known risk of the procedure, and it occurs much more often than most people think. As far as your poorly done fillings, you may have a valid claim if the work was so bad that it falls below the standard of care. To make that...

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In a personal injury case if the plaintiff loses is he responsible for the defendant's court costs?

How did the mediation go for you? To answer your question about the defendant's court costs, it depends on several factors. Generally, in California, the prevailing party in a lawsuit is entitled to have the losing party pay certain costs. Under our Code of Civil Procedure Section 1033.5, these costs can include filing, motion and jury fees, deposition and transcription costs (including videotaping the deposition), process server's fees, witness fees, fees of expert witness (WHEN ORDERED...

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How is negligent and/or intentional infliction of emotional distress proved in the context of landlord-tenant cases?

Negligent Infliction of Emotional Distress ("NIED") is established by the usual preponderance of evidence standard, which is simply that your evidence showing this occurred is every so slightly more than evidence showing this did not occur. Think of a balance beam evenly balanced with evidence on each side. Put just a small amount of evidence in your favor on your side of the beam, and it is "weightier" and therefore you've carried your burden of proof. Proof of NIED varies with the facts...

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Payment After Anesthesia - Dental

If you were under the influence of anesthesia, the contract may be voidable, as you did not, arguably, have the capacity to enter into a legally binding agreement. However, you must have known that charges of some sort would have been made for the services rendered BEFORE you had the procedure(s), right? Your question is not very clear about the sequence of events. Maybe you can clarify how it all happened and we can try to answer more fully. John M

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Can commercial landlord charge tenants for legal fees because they lost against tenants?

The question is a difficult one to answer without knowing more about how you "won" the case. Was there an actual verdict or a settlement? If a verdict and there's an attorneys' fee provision in your lease, you will be able to seek your fees regardless of whether it says that only the landlord can collect atty fees if it prevails. As far as the CAM charges, I'd suggest you contact a local attorney to discuss, as it sounds like the landlord is playing sort of fast and loose with the fees and...

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I was wondering if you knew about an attorney that could handle a discrimination case for a disable Hispanic student.

Please call my office and I will try to find an attorney to refer you to in Northern California. John Mittelman

Nail salon claim

Hello. First, I would contact the California Dept. of Consumer Affairs, Division of Barbering and Cosmetology. A website address is: http://www.barbercosmo.ca.gov. You will be able to obtain more information there about filing a complaint. As far as your particular problem, if you can prove, by the "preponderance of evidence" (which simply means that you have just a bit more evidence that you contracted this condition at this nail salon than not), you may indeed have a claim against the...

Wrongful imprisonment attorney/palm desert area - call [removed by Avvo]

I need more information before I could begin to give you any direction about what your rights are. John M