David M Blain’s Answers

David M Blain

Dana Point Litigation Lawyer.

Contributor Level 11
  1. Somebody put a tracking device on my car. Can I sue for punitive damages in small claims court in california?

    Answered about 2 years ago.

    1. Thomas Anthony Schaeffer
    2. Neil Pedersen
    3. David M Blain
    3 lawyer answers

    You are not allowed to recover punitive damages in small claims court. And even if punitives were available I don't think you'd be awarded them based on the facts you provided.

    1 lawyer agreed with this answer

  2. Legally separated. We were still sexual @ times he recently told me and our children that he's having a child, is that adultery

    Answered about 2 years ago.

    1. David M Blain
    2. Stephen Ross Cohen
    2 lawyer answers

    This is a platform for people to ask legal questions and seek legal advice or to find an attorney. I don't think you are asking any sort of legal question or seeking legal advice. However, there are many reasons why people may choose to stay legally married but decide to separate from one another and move on. People may choose against a divorce for religious issues or for child custody and support issues. A to whether he is committing adultery. In my opinion, yes because you guys are...

    1 lawyer agreed with this answer

  3. My name is Sonila Pich, what do I need to do? If I would like to sue the Bank of CITI BANk in NEw York, or in Texas?

    Answered about 2 years ago.

    1. Pamela Koslyn
    2. David M Blain
    2 lawyer answers

    I think you may have misunderstood the bank, or you have posted incorrect information here. I don't think any bank charges $10,700 to activate an online account.

    1 lawyer agreed with this answer

  4. Is personal injury/bodily injury different from medical malpractice?

    Answered about 2 years ago.

    1. Paula Brown Sinclair
    2. Michael Charles Doland
    3. David M Blain
    4. Luca Cristiano Maria Melchionna
    4 lawyer answers

    Medical malpractice is a theory of liability that, if successfully established, legally proves a medical professional or healthcare provider negligently caused a persons bodily injury. It is a type of tort. The big distinction of medical malpractice cases is the standard of care that the Plaintiff must prove was breached by the doctor or health care facility. It's a much higher standard of care than an ordinary negligence case.

    1 lawyer agreed with this answer

  5. What are my tenant rights when there is mold in my apartment?

    Answered about 2 years ago.

    1. Armen Taslakian
    2. David M Blain
    2 lawyer answers

    Please see the following guide for California Landlords and Tenants. This guide outlines the rights and responsibilities for both the landlord and the tenant. http://www.dca.ca.gov/publications/landlordbook/catenant.pdf As the other attorney noted, the repair and deduct remedy is an option for the tenant. However, I always would advise you as the tenant to first contact your landlord and notify him/her of the defect. Hopefully the LL will repair the defect at no cost to you. If you have...

    1 lawyer agreed with this answer

  6. I was served with a defective summons for a unlawful detainer. How do I fight this?

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. David M Blain
    3. M. Todd Miller
    3 lawyer answers

    I agree with Mr. Chen. Filing the motion to quash is probably your safest bet. Waiting for the default judgment to be entered against you is a bad idea and very risky, especially since you have actual notice of the Unlawful Detainer proceeding against you.

    1 lawyer agreed with this answer

  7. 21 Day Landlord Tenant law regarding return of security deposit. If not followed does landlord lose right to be awarded damages?

    Answered about 2 years ago.

    1. Jeffrey David Montez
    2. Adam Jay Jaffe
    3. David M Blain
    3 lawyer answers

    No, the landlord does not lose his/her right to recover damages. However, as the other attorneys have already noted, a violation by the landlord of Civil Code Section 1950.5 exposes him/her to liability to the tenant. Had the LL complied with the law in his/her deductions from the security and notice to the tenant, then the tenant would have no right to any damages. But a violation of this code section potentially allows the tenant to recover up to twice the amount of his/her security...

    1 lawyer agreed with this answer

  8. Is defendant allowed to set depo of plaintiff prior to depo of defendant already set by plaintiff?

    Answered about 2 years ago.

    1. Michael Raymond Daymude
    2. David M Blain
    2 lawyer answers

    Courtesy isn't codified into the Code of Civil Procedure. Often times counsel for both parties may discuss a deposition schedule, but it is not required. So long as the deposition was Noticed timely and doesn't otherwise violate the CCP then the deposition will go forward on the date set.

    1 lawyer agreed with this answer

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

    Answered about 2 years ago.

    1. David M Blain
    2. William Stanley Fitch
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered about 2 years ago.

    1. William Stanley Fitch
    2. Karin Easter Gurwell
    3. David M Blain
    3 lawyer answers

    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...

    1 lawyer agreed with this answer