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David M Blain

David Blain’s Answers

131 total


  • Earlier this year I fell victim to a computer based scam, involving Paypal ,and a company called ESS

    The process involved, me being a rep for this company,billing customers for purchasing products from the ESS website, which no longer exists, and sending the money, via Western Union, to various people, in Russia. When I inquired why Russia I was ...

    David’s Answer

    If you are served with a summons you will have a limited time to respond. You need to hire an attorney to represent you in this matter.

    Doing nothing will only make it worse.

    See question 
  • Included in unlawful detainer (eviction) but I am not living there or on the lease. Help!

    My mom is being evicted and was served an unlawful detainer. I just found out that my name is included on the eviction notice. I am no longer living at the residence nor did I ever agree to be on/sign the lease for the place. The lease agreement h...

    David’s Answer

    Do not ignore it.

    If you haven't filed a responsive pleading then you should do that first. You also might want to consider calling the landlord's attorney and negotiating a stipulation where you agree to release any claim of possession to the property for the landlord's release of any and all claims he/she might have against you, including a claim for unpaid rent and damages to the unit.

    If the landlord does not agree to the stipulation you probably should hire an attorney to handle the matter for you.

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  • Unlawful detainer with my name listed although I am not a tenant or have ever signed a lease agreement?

    My mother who I do not have a positive relationship with has been served with an unlawful detainer demanding eviction and backpay for rent. I was not actually served, but my name was on the suite. I have not lived at this address for close to 54 m...

    David’s Answer

    Do not ignore the lawsuit, this is never a good idea.

    It is likely the case that the landlord or the landlord's attorney is doing his/her due diligence and wants to ensure that each person who MAY have a right to possession is on the eviction order. Often times persons not on the lease, but known to live at the property, have a right to possession to that property. It is therefore the landlord's responsibility to provide notice to all who may have a claim for possession of any eviction proceedings. At the end of the process (assuming the landlord is successful) the sheriff is only permitted to remove those people listed on the eviction order.

    If you do not claim possession then you should call the landlord or landlord's attorney and try to come to some agreement where you agree to forfeit any potential claims for possession and the landlord agrees to release any and all claims against you including, but not limited to, any claim of back-rent and/or damages to the unit.

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  • Can I be re-served a summons in an UD case before the Motion to Quash hearing date? Do I have to respond in 5 days?

    I filed a Motion to Quash in an UD case, because the summons was left on my doorstep when I wasn't home. The hearing was set for 12 days after the filing, because proof of service was by mail. Two days after filing the Motion I was re-served the s...

    David’s Answer

    In my opinion, you need to respond to the new UD S&C. Winning your motion to quash doesn't mean the landlord is prohibited from filing and serving you again with another UD Complaint. Your motion to quash would appear moot at this point.

    Assuming you are not going to dispute service of this second S&C, I would call the landlord or the landlord's attorney and try to work something out where your motion hearing is taken off calendar and the landlord agrees the first S&C was improperly served and also agrees to a service date for the second S&C. If you are able to agree, get the stipulation in writing and file it in the Court where the UD is pending.

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  • AFTER CONTACTING AN ATTORNEY AND PROVIDING ALL DOCUMENTS....HOW LONG DOES IT TAKE TO ENTER INTO A RETAINER AGREEMENT..TYPICALLY

    I CONTACTED A PERSONAL LIABILITY ON JULY 19, 2012.......PROVIDED ALL IMPORTANT DATA....THEN MET WITH THE ATTORNEY ON AUGUST 9, 2012.....BRIEF PHONE MESSAGES AND E-MAILS WERE EXCHANGED...THE ATTORNEY MAINTAINS THE RETAINER AGREEMENT IS IN THE PROCE...

    David’s Answer

    Two + months seems like a long time. I would call the attorney and discuss this issue with him. If he resists, gives evasive answers or pushes back and gets defensive then I would inform him in writing that you are terminating any attorney-client relationship there may be and that you want all the documents in your case file.

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  • What is my legal right to cancel kickboxing lessons?

    I want to cancel my lessons with the Krav Magaw kickboxing organization. The only way they said they would cancel my lessons is if I have moved 25 miles away or if I was on permanent disability. Also on their cancellation form it states, I have t...

    David’s Answer

    The contract is unenforceable if it violates state law. As the other attorney points out, California has enacted specific statutes that address the type of contract you entered into. To view the statutes please follow this link: http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=9257999221+5+0+0&WAISaction=retrieve

    You or your attorney should go through the statutes and cross-reference it against the contract you entered into. If the contract is not in sync with California law then it's likely unenforceable.

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  • How to introduce pleadings in Court's file as Exhibits in Trial?

    I'm having trouble finding any guidance for introducing pleadings or other papers that have been previously submitted, as evidence at trial, such as the Complaint, Responses to Discovery, etc. Is the entire trial file available to the jury during ...

    David’s Answer

    I agree with the responses from the other attorneys. There is really nothing that I can add other than if this is a small claims case then the rules of evidence and procedure are usually relaxed so that litigants in pro per can have their day in court.

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  • Is it possible to sue a concert ticket seller for misleading information during a Pre Sale?

    I know this is a little random, but I was wondering if it is possible to sue a company that sells concert tickets for posting misleading information on their site. There was a presale for a concert yesterday which was supposed to start at 12 PM PS...

    David’s Answer

    I agree with the other attorneys who have already replied to your question.

    One, you don't have a claim for false advertising because you never purchased anything from the company. False advertising claims deal with the circumstance where the consumer was tricked or deceived into buying the company's product or service. You never bought anything. That is why Attorney Gokal has explained you really haven't been harmed, other than missing an opportunity to purchase pre-sale tickets. What's the value of this "missed opportunity?" I don't know, but it doesn't even matter because you can't show the company did anything legally wrong.

    Two, as the other attorney points out, you don't have a contract with the ticketing company so you can't win on a breach of contract claim. You are then only left with a claim for fraud. And as already explained to you, you'll never win on a fraud claim because you'd be unable to prove the company even knew who you were let alone intentionally deceived you.

    It's a bummer you didn't get the tickets, but you don't have a case.

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  • Can a pro per issue a subpoena for business records from a city clerk?

    Is there other discovery a pro per can do without being a licensed attorney?

    David’s Answer

    I agree with the other attorney who responded to your question. The tools available in discovery are open to all parties regardless of whether they are represented by counsel or not. You can propound interrogatories, requests for production of documents, requests for admissions, etc. You do not need to be an attorney to do these things.

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  • In CA small claims court, if I sue a company (LLC), can I also name the principal of the company as a defendant?

    I've done work for a company (a limited liability company) and they owe me money for my services but haven't made any attempt to pay me for six months. I had an oral contract with a manager in the company and the work I performed was for one part...

    David’s Answer

    I agree with the other attorneys who have posted their responses. Pinning liability on a member of the LLC will be difficult to do, especially in a small claims setting.

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