David M Blain’s Answers

David M Blain

Dana Point Litigation Lawyer.

Contributor Level 11
  1. Can a pro per issue a subpoena for business records from a city clerk?

    Answered almost 2 years ago.

    1. Justin C. Lowenthal
    2. David M Blain
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered almost 2 years ago.

    1. David M Blain
    2. Robert John Murillo
    3. Peter Robert Stone
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  3. Insurance company is trying to get me to pay $100,000 for medical bills after car accident

    Answered almost 2 years ago.

    1. David M Blain
    2. Steven Mark Sweat
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered almost 2 years ago.

    1. Frank Wei-Hong Chen
    2. Catherine Elizabeth Bennett
    3. David M Blain
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

  5. Unlkawful Detainer Question

    Answered almost 2 years ago.

    1. Frank Wei-Hong Chen
    2. David M Blain
    3. A Melissa Johnson
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  6. Is an agreement to sell via email a legal contract?

    Answered almost 2 years ago.

    1. Cer Trevor E Carson
    2. Scott Richard Kaufman
    3. David M Blain
    4. Ryan Patrick Greco
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

  7. I'M BEING GOADED & HARRASED DURING MY DEPOSITION IN AN UNLIMITED CIVIL SUIT. HOW DO I DEFEND MYSELF USING CCP CODE.

    Answered almost 2 years ago.

    1. Christine C McCall
    2. Michael Charles Doland
    3. David M Blain
    3 lawyer answers

    I agree with the other attorneys. You are going to be fighting an uphill battle because walking out of two depositions for name mis-pronunciation is hardly justifiable. With this being an unlimited civil case, and apparently your short temper, you really need an attorney to limit the damage.

    1 lawyer agreed with this answer

  8. Which proxy service has a good reputation for notifying users about their account being subpoenaed?

    Answered almost 2 years ago.

    1. David M Blain
    2. Nicholas Basil Spirtos
    2 lawyer answers

    I apologize as I am not able to provide you with a proxy service that is "reputable." My best advise to you is to read the Terms of Use Agreement that each web host or website requires its users to adhere to. Perhaps in these terms there is a disclosure as to that companies general practice when confronted with a subpoena or request for other identifying information. Here is a list of internet defamation attorneys in the San Jose area that may be of assistance to you: http://www....

    1 lawyer agreed with this answer

  9. If someone reports to welfare that they are paying rent and they are not or they do once in a while What can they be charged

    Answered almost 2 years ago.

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

    I agree with Mr. Chen, the can be charged with Welfare fraud. If you wish to report the fraud you should contact the County Agency directly and immediately. A listing of the agency numbers can be found here: http://www.cdss.ca.gov/fraud/PG268.htm

    1 lawyer agreed with this answer

  10. Landlord wants to breech rental lease after 3 months of us moving in, what can i do??

    Answered about 2 years ago.

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

    No, leases usually survive the sale of the property and the new owner must honor the lease entered into by the prior owner.

    1 lawyer agreed with this answer