David M Blain’s Answers

David M Blain

Dana Point Litigation Lawyer.

Contributor Level 11
  1. Somebody rear-ended me, Can I get my deductibles back?

    Answered about 2 years ago.

    1. David M Blain
    2. David J. McCormick
    3. Michael Herschel Monheit
    4. Scott J. Corwin
    4 lawyer answers

    Yes, you can seek "damages" from the at-fault driver, which would include reimbursement for your payment of the deductible. Submit the claim to your insurance company without delay and work with them in resolving the matter. You may have to pursue the other driver in small claims court.

    6 lawyers agreed with this answer

  2. Does this have the basis for a breach of contract suit

    Answered over 2 years ago.

    1. David M Blain
    2. A Melissa Johnson
    2 lawyer answers

    It is difficult to provide an answer without knowing all of the facts. Also, I am a little confused as to why the Plaintiff would want to bring suit in Superior Court if he just lost his small claims case. If ownership of the stock was never transferred to the Plaintiff, and the stock was instead to be used by the Plaintiff as collateral, then whether the Plaintiff breached the contract by selling the stock will be determined by whether the Defendant had first defaulted on the loan. if the...

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  3. IS A PLAINTIFF REQUIRED TO FILE WITH THE COURT THEIR MEMORANDUM OF POINTS & AUTHORITIES IN OPPOSITION TO A DEFENDANT'S DEMURRER?

    Answered over 1 year ago.

    1. David M Blain
    2. L. Maxwell Taylor
    3. Charles Michael Tobin
    3 lawyer answers

    There's no obligation to serve a party with an endorsed copy of the memo in support of Plaintiff's opp.

    4 lawyers agreed with this answer

  4. Last year I've into a car accident. the other party rear ended me. She was at fault, but she did not have car insurance...

    Answered about 2 years ago.

    1. Christian K. Lassen II
    2. David J. McCormick
    3. Scott J. Corwin
    4. Frank Marvin Nunes
    5. David M Blain
    5 lawyer answers

    Read this form, it may help you get started in attempting to collect judgment: http://www.courts.ca.gov/documents/sc200info.pdf If the woman doesn't pay you can have a document served on her the requires her to state her assets. If she doesn't fill out the form then you can file a different form with the court requiring her to show up in Court to provide a statement of her assets. Once the debtors income and assets are determined, you can take certain property or lien certain property...

    4 lawyers agreed with this answer

  5. Auto accident in CA. Is it true that Medi-Cal cannot take more than 50% of the total settlement 4 reimbursement. Need authority?

    Answered about 2 years ago.

    1. S. David Rosenthal Esquire
    2. Frank Marvin Nunes
    3. Scott J. Corwin
    4. David M Blain
    4 lawyer answers

    I don't know if I have fully grasped the circumstances you find yourself in, but it appears that you are dealing with an insurance company about your Medi-Cal lien. I assume you are dealing with the insurance company because they too have asserted a lien against your settlement. If it were me I wouldn't provide the insurance company with the 50/50 rule, I'd provide them only with the Notice of Lien asserted by Medi-Cal in its full amount. I want the insurance company to believe that there...

    4 lawyers agreed with this answer

  6. Can I sue a bar if I broke a bone while on their premises?

    Answered about 2 years ago.

    1. Frank Marvin Nunes
    2. James Lawrence Magazine
    3. Mona Deldar
    4. Marc Lazarus
    5. Jeffrey Stephen Young
    6. ···
    7 lawyer answers

    Yes, you can sue whoever you want for your broken bone. You could see me if you wanted. But the issue is will you win. You should consult with a local personal injury attorney to discuss if you would likely prevail in your case against the establishment.

    4 lawyers agreed with this answer

  7. New Attorney question, I am representing a client to defend against an actual fraud, breach of contract action.

    Answered over 2 years ago.

    1. David M Blain
    2. John Ryan Charles Burt
    3. Christine C McCall
    4. Michael Charles Doland
    5. Frank Wei-Hong Chen
    5 lawyer answers

    To answer your question, yes a general denial is appropriate answer to an unverified complaint. "If the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1 [limited civil jurisdiction cases] or is not verified, a general denial is sufficient but only puts in issue the material allegations of the complaint." C.C.P. § 431.30(d). However, you may want to consider a demurrer instead of an answer. "A complaint for fraud in [CA] must allege...

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  8. How can I deal with a breach of contract in a rental lease? What are my options?

    Answered about 2 years ago.

    1. David M Blain
    2. Pius Joseph
    2 lawyer answers

    You are correct when you say that the lack of a patio, which was promised to you, does not render the unit "uninhabitable." The warranty of habitability requires a landlord provide a unit that is fit for human habitation. And patio isn't necessary for human habitation. In my opinion, you are not entitled to withhold rent because this isn't a habitability issue. And even if you were it wouldn't be the entire amount. What you would be entitled to is the difference in the value of a rental...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Dispute over damages to personal property due to flood in apartment from upper level apt.

    Answered over 2 years ago.

    1. David M Blain
    2. Nicholas Basil Spirtos
    2 lawyer answers

    It doesn't appear that you have asked a question, so I am left to speculate. The potential lawsuit that you have described is a simple negligence case. If the carpet company refuses to repair the damage or compensate you for your broken belongings, then you will likely need to take them to small claims court. In small claims you will have to show that the workers acted unreasonably when they damaged your belongings. You also need to be able to prove what the value of your belongings...

    3 lawyers agreed with this answer

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  10. Backed into an improperly parked car. Is this 100% my fault?

    Answered about 2 years ago.

    1. David M Blain
    2. Lars A. Lundeen
    3. David J. McCormick
    4. Scott J. Corwin
    4 lawyer answers

    I'm not a Kentucky attorney and I would advise you to speak with a Kentucky attorney about this. However, generally speaking the person who illegally parked would also be somewhat at-fault for the accident if the illegal park job contributed to the accident. Which it sounds like it did. Usually what a "no-fault" rule means is that unless you are 0% liable, you will be cut off from recovering from any other party. In other words, in order for the Plaintiff to recover for his/her damages,...

    5 lawyers agreed with this answer