Skip to main content
David M Blain

David Blain’s Answers

131 total


  • In texas will i be arrested for neglect if the case is closed?

    our son was hit and killed by a car when i had my back turned for a split second. he was 20 monthes old... we were completly sober...my son was just so fast...texas cps says the case is closed and that we will not hear from them again.but that the...

    David’s Answer

    Let me first say that I am so sorry to hear about your son. That is truly a tragic event and I can't even imagine the pain and the loss that you must be going through. I have young children of my own and cannot even fathom the pain of losing one of them.

    As for your question, there's really not much you can do. If the police continue to contact you and ask you questions then it might be a good idea to lawyer up.

    See question 
  • Do I have to pay for the dammage done in a car accident if im not insured?

    I'm a California resident, and i was recently involved in a car accident. Unfortunately, at the time i did not have car insurance. a police statement wasn't filed, so i was not cited or sent to jail. Furthermore i now have insurance. Fortunately t...

    David’s Answer

    There are two parts to any negligence case: (1) Liability and (2) Damages.

    Liability means that you did something wrong and caused injury or damage. So if you were at fault for the accident and your negligence caused damages or injuries, then you may be held liable for those damages.

    The damages portion of the lawsuit deals with the extent of the damages you caused. You can be held liable and therefor must pay for all the foreseeable damages caused by your negligence. However, this amount may also be reduced by any other party's negligence that also may have contributed to the accident.

    If the other driver is agreeing to enter into a settlement release agreement then yes, definitely get it in writing.

    See question 
  • Can I sue LAUSD for not allowing me a parent teacher conference?

    My son attends a LAUSD school and the teacher claims she is afraid of me. I have never done anything to this lady!!! She picks about everything about my son.

    David’s Answer

    Can you sue? Yes. Will you win? No.

    See question 
  • I need help

    I picked up a friends and she placed her possessions in my trunk and we got pulled over and she had alcohol. Now I wasnt drinking and out was in the trunk but it had been opened but closed again. what kind of price an i looking at for a ticket?

    David’s Answer

    You haven't provided enough detail to allow an attorney to sufficiently respond to your question.

    See question 
  • How can I deal with a breach of contract in a rental lease? What are my options?

    My landlord is in breach of contract/lease. When I moved into the unit, the landlord was building a patio for it, even though it was advertised as having a patio. He promised to have it done within a few weeks, and to protect myself, I asked him ...

    David’s Answer

    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 unit with a patio versus a rental unit without a patio. Is that $25 month? $125 month? I don't know, but you don't get to live in the unit for free until the patio is completed. You would only be entitled to a reduced rent.

    In a normal contract setting withholding money owed to offset a broken promise isn't as risky a proposition as when you are a tenant withholding rent from a landlord. The reason being is because this is likely not a habitability issue, so the withholding of rent would likely be found improper. Which means the LL could institute eviction proceedings against you for the non-payment of rent. If you like where you live and, aside from this patio issue, like your landlord then withholding the rent is too big of a risk.

    I suggest you talk to your landlord about the issue. Explain to him your displeasure and that you feel you are not getting what you bargained for. Hopefully you guys can work something out. Be honest, courteous, tactful but also blunt and direct.

    If you guys can't work something out and you feel strongly about it, you can bring him to small claims court. Just make sure all efforts to informally resolve the issue were in some written format, i.e. emails, text messages, letters, etc. Obviously, LL's don't respond well to lawsuits and the second your lease term expires he'd probably say "Adios."

    See question 
  • Can i get some legal help to get the tow yard to release my vehicle that they illegally towed?

    i run a uhaul dealership in norco,ca2.2 miles down the road is another uhaul dealership.over a three day span i was moving equipment from there place to my place.i drove my work truck down and parked in the first spot closest to the uhaul office,p...

    David’s Answer

    I would recommend you pay the amount of the tow to stop racking up a larger bill. Then sue the tow company and/or the person who called the tow company in small claims court for the amount of money you are out because of the allegedly illegal tow.

    However, remember that you are the Plaintiff and therefor carry the burden of proving that the tow was illegal. This means you will likely have to produce more evidence than just your word against the tow truck company's. You'll have to establish that you were legally parked and that the tow truck company was in the wrong for towing your truck.

    See question 
  • 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...

    I've tried to talk to her to pay me but she refused saying she does not have money. I took her to court and she did not show up and I won the case. Now, how can get money from her? what to do? please help.

    David’s Answer

    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 to recoup your payment.

    I would advise you to hire a local attorney.

    See question 
  • My son was hit by a car and found that he was at fault. He was riding his bike and didn't stop for the stop sign.

    the woman claims see stopped at the stop sign and her insurance will not pay for any medical exp. My heath care won't cover it because the woman ins won't pay. we have a small balance of 78000.00 dollars and one more surgery to have done yet. Can ...

    David’s Answer

    You should retain a local personal injury attorney. Insurance coverage will be dictated by the insurance contract. Certain events are covered while others are not. Local counsel will be able to assist you with your insurance company, and with the insurance company of the driver.

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

    I have heard of this 50% rule and am trying to find something that would tell an insurance company that medi-cal's share won't be more than 50%. I need some authority and insight. Please help.

    David’s Answer

    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 is less money to go around and that they need to reduce their lien in order to get paid. Government agencies take priority in the satisfaction of liens, so any insurance lien is second to Medi-cal's lien. The greater Medi-cal's lien is the greater the reduction the insurance company will usually agree to to ensure payment.

    See question