Skip to main content
David M Blain

David Blain’s Answers

131 total


  • Letter from insurance: "We found you principally at fult" What's next.

    I guess I'm being sued for 13,000 when my liability only covers 5,000. I have no other insurance. I do not recall the damage being that great on the other car. $13,000 is almost the price of a ney car for someone who was hit in the rear bumper. I...

    David’s Answer

    Speak to your insurance company, it's possible they may provide you with an attorney if they dispute liability. If it's clear that you are at fault, and your insurance company offers the policy maximum, and you are being pursued by the Plaintiff for the difference, then you will need an attorney.

    But, in that case if the $5,000 offsets against the $13,000, then there's only $8,000 remaining in dispute. This would then qualify as a small claims case, and in small claims court neither party is permitted to have an attorney represent them in court.

    See question 
  • How do you start a class action suit?

    I had an injury accident on a 4 wheel scooter of a type which is being used by thousands and has a basic design defect of a nature that certain faults create a scooter with NO brakes. Owners manuals do NOT warn of this possibility. I was going dow...

    David’s Answer

    You need to speak with a qualified attorney. You will be hard pressed to certify a class of injured people. The type of litigation you've described would not be a class action, it would be more accurately categorized as a coordinated proceeding, which is generally referred to as a Mass Tort.

    See question 
  • In a lease take over is the new tenant responsible for old tenants utility bills?

    On July 1 2012 I took over a lease with the management company from an old tenant. Lease states tenant is responsible for trash and water that is split between all rental units. August 12 2012 I received a bill for $47.13 charges from June 24th-J...

    David’s Answer

    A few issues come to mind, that, without knowing the answers, it will be tough for me to provide a complete response.

    First, did you sign any paperwork, documents and/or a lease? You say you "took over a lease" but did you sign anything? Generally speaking, you do not assume the debts of another person without an express agreement.

    Second, whose name are the utility bills in? If they are in your name, and always have been, then you are likely responsible for the bills.

    You also may want to consider speaking with your landlord and explain the situation to him. Perhaps he will allow you to deduct the rent by the amount it would cost to pay the utility bills to prevent your gas, water and trash from being shut off.

    See question 
  • Insurance company is trying to get me to pay $100,000 for medical bills after car accident

    My name is chris Early last year I was tboned and had no insurance my car was wreaked one of the girls in my back seat got a broken pelvis her parents insurance covered her med bills now more than a year later they want me to pay 100,000. There'...

    David’s Answer

    Chris,

    Without knowing what happened in the accident, you would only be responsible for damages if you were somehow liable. You would need to be at fault to some degree. You need an attorney to represent you and to deal with the insurance company.

    See question 
  • What is the proper response to a special interrogatory when I do not know the answer because it was so long ago?

    I am asked about dates I paid for services from a bank account I no longer have access to anymore. Do I simply say I do not know?

    David’s Answer

    I agree with my colleagues. I would only add that, although you may not recall the specific dates, you may be able to provide an approximate date range if you can recall this information. You also may want to point out that the bank is a third party that may have the requested information and that this information is equally accessible to the requesting party.

    See question 
  • Unlkawful Detainer Question

    If I am a landlord and I converted a garage into a unit, however it is now not up to code etc, can this be useds as a defense to an unlawful detainer action?

    David’s Answer

    Yes, and it's a great defense if it can be proven at trial.

    As Mr. Chen noted, an agreement (either verbal or written) to rent an illegal unit is unenforceable by the Courts and void. The reason being is that the agreement is for an illegal purpose, which is bad public policy. Often times Judges analogize this situation to the agreement in a drug deal. A Court would never enforce an otherwise contractually valid agreement for the sale of drugs. Why? Because drugs are illegal, and it would be terrible public policy to enforce contracts that have been entered for illegal purposes. It's the same thing here.

    See question 
  • Someone is trying to ruin me whta do i do?

    My daughters grandmother has been filing false reoprts on me since 2009. She is lyingg on me and trying to put me in jail. I had to quit my job due to her false reports. How can I go about putting her in jail and sueing her for her malicious repor...

    David’s Answer

    You can't have her put in jail. The best thing to do would be to report the conduct and to gather any and all evidence to establish your claims.

    See question 
  • Is an agreement to sell via email a legal contract?

    I agreed to purchase a car via email after looking at it in person. We came to agreement on price and were waiting for the pick slip to arrive. In the mean time, with the sellers knowledge I purchase repair parts. Is it possible to sue for del...

    David’s Answer

    I agree with the other attorneys.

    The email may be sufficient evidence to prove the existence of a contract between you and the seller. But you're likely better off returning the parts if you can, and if you are unable then you can take the seller to small claims court for the value of the repair parts purchased by you. Of course, before you're entitled to any damages for breach of contract you would have to show a contract existed between you and the seller.

    See question 
  • Is it reasonably foreseeable that security guards would tamper with video evidence?

    A woman was falsely accused of a hit and run. Tape does not show a hit and run. it shows a woman being detained, given a parking ticket, and then allowed to leave. The extreme angle of the tape makes it seem like there could have been contact. ...

    David’s Answer

    • Selected as best answer

    There is an affirmative duty imposed upon defendants to preserve all relevant evidence in anticipation of litigation. See Williams v. Russ (2008) 167 Cal.App.4th 1215, 1223. In most cases, the day this duty arises the day of the injury causing event.

    For other cases dealing with the altering or destruction of evidence see: Stephen Slesing, Inc. v. Walt Disney Co., (2007) 155 Cal.App.4th 736; Vallbona v. Springer, (1996) 43 Cal.App.4th 1525 and Karz v. Karl, (1982) 137 Cal.App.3d 637.

    Of course there's not much you can do until a lawsuit has been filed, but if a defendant has tampered with, withheld or done the unthinkable and destroyed relevant evidence, then there are certain actions that can be taken against them. Also, you would have to be able to prove that the tapes have been tampered with. A mere allegation unsupported by proof will not justify any sanctions imposed by the Court.

    See question 
  • Can dealer ignore 30 day demand letter from my lawyer?

    I'm currently suing my car dealer for fraud. It's been 2 years since I got an attorney to help with my case. We have sent them a 30 day demand letter June 16, 2012. It is now, August... the 30 day passed, within the 30 days I have not heard from a...

    David’s Answer

    You should speak with your attorney as to what will happen next.

    See question