Skip to main content
Jon Mitchell Jackson

Jon Jackson’s Answers

57 total


  • Can my roommate sue me in small claims court if I break the lease?

    My roommates began harassing me about allowing my boyfriend to sleep over towards the end of September. He was never in the apartment unless I was there, and only there at night. My roommates continued to harass me and threaten me with legal acti...

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    We practice law only in California. Having said that, and if this took place in California, with your name on the lease, you would remain liable. Once the room is sublet and, the landlord acknowledges this via a lease amendment, then you will no longer be liable.

    Depending on what the terms of the lease state, there may be a “good faith” provision requiring all parties to cooperate with each other. In some states, this provision is implied if not otherwise expressed. I’d use AVVO to locate an attorney in your town for further question.

    To find a good lawyer, you may want to watch this video for help…

    How to Find a Good Lawyer- 3 tools you can use today!
    http://www.youtube.com/watch?v=f006M99cfvU

    Hope this helps!

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    An "AV" rated firm listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers
    Firm Web Site: www.JacksonWilson.com
    Trial Tips Blog: www.TrialLawyerTips.com (free daily trial tips by top-rated attorneys)
    _______________________________________________

    Senior Partner, Jon Mitchell Jackson, has been named one of Orange County’s 2009 “TOP GUN” Trial Lawyers of the Year for his exceptional trial skills, legal ethics and significant accomplishments in the courtroom. Watch the video at http://tinyurl.com/jwvideo2009

    See question 
  • Should I get a lawyer or just keep going by my self? And what is a ball park figure that I should be looking to get from them?

    I was in an auto accident back in October. I was at a complete stop and had been for a few minutes when I was rear ended by a pick-up truck. I went to the hospital and occurred about $8000.00 in medial bills which my medical insurance covered for ...

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    We practice law only in California. Having said that, with $8K in property damage it sounds like you may have been involved in a rather significant impact.

    Normally we tell our clients not to even think about settling a case until they (and their doctors) truly understand and appreciate the extent of their injuries. You should absolutely contact a local experienced personal injury attorney to give you guidance, advice, and to represent your legal interest. Use AVVO to locate an attorney near you!

    We offer two videos that you may find helpful. They are (just copy and paste the links into your web browser):

    DO NOT Let an Insurance Company Force You To Settle Your Claim Quickly. Here's why...
    http://www.youtube.com/watch?v=7CDmjYT7Das

    What a Good Lawyer Can and Should Do to Help You in a Personal Injury or Wrongful Death Case
    http://www.youtube.com/watch?v=lJp5r7pDCtY

    Hope this helps!

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    An "AV" rated firm listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers
    Firm Web Site: www.JacksonWilson.com
    Trial Tips Blog: www.TrialLawyerTips.com (free daily trial tips by top-rated attorneys)
    _______________________________________________

    Senior Partner, Jon Mitchell Jackson, has been named one of Orange County’s 2009 “TOP GUN” Trial Lawyers of the Year for his exceptional trial skills, legal ethics and significant accomplishments in the courtroom. Watch the video at http://tinyurl.com/jwvideo2009

    See question 
  • I filed a lawsuit against my former employer on 7/17/09. they filed for chapter 11 on 7/7/09. do i serve them now or wait .

    i filed a pro se discrimination lawsuit against my former employer on 7/17/09. they had filed for chapter 11 reorginization on 7/7/09. i have not served them yet. what i am trying to determine is do i need to serve them before the october 2nd bar ...

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    We practice law only in California and you should contact a local attorney in your city and state right away to protect your legal rights.

    Normally a BK will stay or stop all other proceedings. You should contact a local personal injury attorney (use AVVO to find a good one in your town) to discuss filing now or waiting until after the BK. Other issues may also come into play such as the statute of limitations which limits the time you have to pursue a legal claim. Were you listed on the BK paperwork? Again, contact local counsel if you’re seriously interested in protecting your rights.

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    Tel No. 949-855-8751
    Toll Free 800-661-7044
    Email: mitch@jacksonwilson.com

    2009 “Top Gun” Orange County Trial Lawyer of the Year
    "AV" rated (top ratings in ability and ethics) and listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers (reserved for top 5% of all lawyers) www.JacksonWilson.com

    See question 
  • Lyrics dispute.

    I am a self made singer/songwriter.I make my own songs and sing them.My problem is that another band in the same area that i live in has copied word for word lyrics from one of my songs.Another facet to all this is that i the band is made up of 3 ...

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    We practice law only in California and you should contact a local attorney in your city and state right away to protect your legal rights.

    It sure sounds to me that you have more than enough to prove your case. Do you have notes or other documentation establishing that you thought of and wrote the song? Witnesses? Look, if you truly did write the song and, the other band stole your song, then you have legal rights that need to be protected.

    Contact an “intellectual rights” lawyer immediately! You may want to go to the AVVO web site and look for an experienced lawyer in your area. You may also want to check www.martindale.com Look for AV rated lawyers. As an alternative, I have an old friend in Tucson that may be able to help. Contact Bob Grabb at (520) 326-2500 for help or a good referral. Tell Bob I sent you over and good luck!

    By the way, if I were you, I would not attempt to handle this case on your own. Too many issues you need to deal with.

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    Tel No. 949-855-8751
    Toll Free 800-661-7044
    Email: mitch@jacksonwilson.com

    2009 “Top Gun” Orange County Trial Lawyer of the Year
    "AV" rated (top ratings in ability and ethics) and listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers (reserved for top 5% of all lawyers) www.JacksonWilson.com

    See question 
  • I was in a car accident in which I was at fault and I was not insured at the time, what are my rights?

    I was in a car accident in which I ran into the car in front of me. I am at fault and my Insurance policy had lapsed so I was uninsured. I am now getting a bill from a collections agency and they are saying that I still owe fees. Can they do that?...

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    I wasn’t a witness to the accident and do not know if you were, or were not at fault. Probably not a good idea to indicate so in writing to the world (hey—that’s just the lawyer in me). In any case, absent a judgment, you are not obligated to pay anyone anything.

    You may have one or more defenses available to you. I would contact a local attorney to see what they are. You may want to go to the AVVO web site and look for an experienced personal injury defense attorney in your area. You may also want to check www.martindale.com or for excellent personal injury defense lawyers.

    Why do you think you owe $%K? Who is sending you the bill? The other driver? The other driver’s insurance company? The auto storage facility? Normally these types of items/bills can be negotiated. Especially in today’s fragile economic climate.

    Remember that when determining responsibility, it first needs to be determined that you were negligent for causing the accident. So what exactly is negligence? It is the doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do, under circumstances similar to those shown by the evidence. It is the failure to use ordinary or reasonable care.

    Ordinary or reasonable care is that care which persons of ordinary prudence would use in order to avoid injury to themselves or others under circumstances similar to those shown by the evidence. The person whose conduct we set up as a standard is not the extraordinarily cautious individual, nor the exceptionally skillful one, but a person of reasonable and ordinary prudence.

    One test that is helpful in determining whether or not a person was negligent is to ask and answer the question whether or not, if a person of ordinary prudence had been in the same situation and possessed of the same knowledge, he or she would have foreseen or anticipated that someone might have been injured by or as a result of his or her action or inaction. If the answer to that question is "yes", and if the action or inaction reasonably could have been avoided, then not to avoid it would be negligence.

    If I were you, I would not attempt to handle this case on your own. Too many issues you need to deal with.

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    Tel No. 949-855-8751
    Toll Free 800-661-7044
    Email: mitch@jacksonwilson.com

    2009 “Top Gun” Orange County Trial Lawyer of the Year
    "AV" rated (top ratings in ability and ethics) and listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers (reserved for top 5% of all lawyers) www.JacksonWilson.com

    See question 
  • I was involved in a motorcycle accident. I went around a blind corner and hit a patch of gravel in the middle of my lane.

    The police report showed a patch of gravel on the diagram and the officer wrote that I was not traveling at an excessive speed. I received no ticket. I was in the hospital for a week after the accident. I broke 10 bones. I was out of work for ...

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    We practice law only in California and you should contact a local attorney in your city and state right away to protect your legal rights.

    Claims against governmental agencies can be very difficult to win and personal injury cases can be complicated… especially when trying to prove liability, evidentiary foundations and damages.

    I ride motorcycles and understand what you’ve been through. In fact, we have a good “Motorcycle Report” you may want to review at the consumer section of our web site at www.JacksonWilson.com

    Having said that, you will need to show that the government (city) knew about the unsafe road condition and failed to correct it within a reasonable period of time. Adding to this issue the additional governmental immunities (protective legal shields), and you will probably find yourself running up against an expensive brick wall.

    One thought would be to see if you have uninsured motorist or med pay coverage providing you with funds to help with all of the bills. Was your bike insured? Call and ask if there is any additional coverage providing you with benefits.

    You may want to go to the AVVO web site and look for an experienced personal injury lawyer in your area. You may also want to check www.martindale.com or www.atla.org for excellent personal injury lawyers.

    If I were you, I would not attempt to handle this case on your own. Too many issues you need to deal with.

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    Tel No. 949-855-8751
    Toll Free 800-661-7044
    Email: mitch@jacksonwilson.com

    2009 “Top Gun” Orange County Trial Lawyer of the Year
    "AV" rated (top ratings in ability and ethics) and listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers (reserved for top 5% of all lawyers) www.JacksonWilson.com

    See question 
  • Wrrongful termination

    was called in to be terminated but was asked to write a letter off resignation on 09/02/2009 refused and was told to go back to work until futher notice

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    We practice law only in California and you should contact a local attorney in your city and state right away to protect your legal rights.

    Whether or not you have a wrongful termination case depends on your local laws and work situation. Generally you may not be terminated because of your race, age, or gender. Generally you may not be terminated for reporting criminal conduct your company may be involved in. Sometimes employees have employee contracts or association/union agreements that have written steps that need to be complied with before an employee can be terminated. Consult a local AVVO lawyer before agreeing to, or signing, any documents.

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    Tel No. 949-855-8751
    Toll Free 800-661-7044
    Email: mitch@jacksonwilson.com

    2009 “Top Gun” Trial Lawyer of the Year/ "AV" rated (top ratings in ability and ethics) and listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers (reserved for top 5% of all lawyers)
    www.JacksonWilson.com

    See question 
  • Can a friend file eviction papers and filing fee for me, or do I have to file in person?

    Can a friend file eviction papers and filing fee for me, or do I have to file in person?

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    We practice law only in California and you should contact a local attorney in your city and state right away to protect your legal rights.

    Yes, normally one person can complete and file a form (such as eviction papers) for another. A non-lawyer may not represent or otherwise practice law for someone else. So, if your friend is simply filling in the blanks at your direction and then, filing the form (with your signature) with the clerk, then you are probably OK. Check with a local landlord-tenant attorney for further details. Check this site (AVVO) to find a good lawyer in your town.

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    Tel No. 949-855-8751
    Toll Free 800-661-7044
    Email: mitch@jacksonwilson.com

    2009 “Top Gun” Trial Lawyer of the Year/ "AV" rated (top ratings in ability and ethics) and listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers (reserved for top 5% of all lawyers)
    www.JacksonWilson.com

    See question 
  • I fell taking the garbage out at work on ice,its been a couple months,Ive been off work 1 month,can I get workers comp.

    I had hurt my back years ago but it had not given me any trouble in years,I could do my job fine till shortly after I fell at work,I have no insurance so I can't go to the doctor,it's getting worse,what can I do,I don't know if I'm eligible for wo...

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    We practice law only in California. You should consult an attorney in your city or state for legal assistance.

    Generally speaking, if you were injured on the job, you are entitled to receive work comp benefits. Prior injuries which are not job related may reduce or eliminate your right to receive full work comp benefits.

    Contact an experienced work comp lawyer in your town. He or she will be able to help you without requiring you to pay anything up front (a contingency fee case).

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    An "AV" rated firm listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers
    www.JacksonWilson.com

    See question 
  • I cosigned for a student loan that was never used for educational purposes. Is this fraud? Can I get removed from the loan?

    I cosigned for a Sallie Mae 'student loan' that was paid by a check with both my daughter and my ex-wife as the payees. Only a few hundred dollars of the funds were ever used for any educational costs - the rest was spent on a used car for the dau...

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    We practice law only in California. You should consult an attorney in your city or state for legal assistance.

    If you were mislead into co-signing the loan, then you may be a fraud victim. An issue you need to consider before taking any legal action is whether or not the lender will take the position that you and the other people who signed the loan were co-conspirators in defrauding the lender on this loan. As a co-signer, you step into the shoes of all the other people who signed the loan and you may be opening up a big can of worms by pressing this issue.

    Having said that, if you are truly an innocent victim and were honestly mislead into signing the loan, then you should contact a local attorney to assist you with protecting your rights!

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    An "AV" rated firm listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers
    www.JacksonWilson.com

    See question