David M Blain’s Answers

David M Blain

Dana Point Litigation Lawyer.

Contributor Level 11
  1. Does a trust pay attorney fees for a trustee when the trustee is sued personally?

    Answered almost 2 years ago.

    1. Bert Z. Tigerman
    2. Rosemary Jane Meagher-Leonard
    3. James P. Frederick
    4. David M Blain
    4 lawyer answers

    I can only agree with, and confirm, the answers provided by the other attorneys. Simply put: it just depends on the situation. There are situations in which the trust will not be required to pay the trustee's attorney's fees; there are situations where the trust will be required to pay the reasonable attorney's fees of the trustee; and there may be situations where the trust will be required to pay a portion of the trustee's attorney's fees. It appears that if the trustee were found...

    1 lawyer agreed with this answer

  2. Am I legally required to refund partial rent to tenants if they moved out mid-month on the last month of their lease?

    Answered almost 2 years ago.

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

    No, you are not legally required to refund them any money for their moving out early.

    1 lawyer agreed with this answer

  3. Liabilities from multi-car accident

    Answered about 2 years ago.

    1. Pamela Koslyn
    2. Tai Christopher Bogan
    3. Norman Gregory Fernandez
    4. David M Blain
    4 lawyer answers

    DISCLAIMER: I am not your lawyer and the mere fact that I provided a response to your question does not create an attorney-client relationship between you and I. The statements I provided are offered as general observations of law and are not intended for you to rely upon them in your specific case. Also, there may be facts unknown to me that, had I known of them, may change my response. You should retain an attorney to handle your specific case. To answer the questions asked: (1) Yes,...

    1 lawyer agreed with this answer

  4. Can I take legal action against a used car dealership for selling me a vehicle they knew had defective parts

    Answered over 1 year ago.

    1. Christine C McCall
    2. David M Blain
    2 lawyer answers

    I am assuming it was an "As Is" sale and the dealership did not offer any warranties for the car. This is a tough situation for you. An "As Is" sale means that you take the car in the condition it was in at the time of the sale with all defects. The exception to this is by showing the dealer made a material misrepresentation to you that you relied upon in purchasing the vehicle. An omission of a material fact is also actionable misrepresentation, i.e. the never told you the car had such and...

    1 person marked this answer as helpful

  5. Are there any legal issues to evicting a roommate when I own the home?

    Answered almost 2 years ago.

    1. David M Blain
    1 lawyer answer

    If you are the landlord, then you can evict any tenant for any reason that is not legally prohibited. The biggest issue is strictly following the unlawful detainer process. The biggest issue landlords have with in the process is providing proper notice to the tenant that the process has begun. And also, tenant's are responsibile for any damages they, their guests or their animals cause to the rental unit. Of course that is what a security deposit is for. If you never collected a security...

    1 person marked this answer as helpful

  6. I entered lease with another person i did not know and that person is creating problem in giving the rent. Can I move her out ?

    Answered almost 2 years ago.

    1. David M Blain
    1 lawyer answer

    You as a co-tenant (or roommate) cannot evict another tenant. Only the landlord can evict a tenant. If both your name and your roommates name is on the lease, then you are both responsible for the rent. You should only pay half the rent to the landlord and make it the landlord's effort to collect rent from your roommate (even though the landlord can seek full payment from you). The landlord may choose to evict your roommate and sue her for back rent knowing that you have paid your portion...

    1 person marked this answer as helpful

  7. My case was removed to the federal court based on its 2 of 5 causes of actions. I want to file a motion to remand it back

    Answered almost 2 years ago.

    1. David M Blain
    1 lawyer answer

    If the case is in federal court because of complete diversity, then dismissing causes of action wont save you from federal court. Every party may amend its pleading once as a matter of course. If you amend your complaint and drop the causes of action giving rise to the federal question then you should be able to successfully bring the motion to remand the case. Depending upon the merits of each claim, it may not be advisable to forgo certain causes of action. In Federal Court, Rule...

    1 person marked this answer as helpful

  8. Business question, while I do have an agreement with someone they kind of freak out on me. What should I do ?

    Answered almost 2 years ago.

    1. David M Blain
    2. Robert John Murillo
    2 lawyer answers

    Anticipatory repudiation is a contracts rule that excuses perfomance of a contract by party A because Party B clearly and positivley, by conduct or words, communicated his inability to meet the requirements of the contract. You provide very little facts about the contract, the other persons conduct, and what exactly they "freaked out" over. Was it even related to the contract or their ability to perform the requirements of the contract? The issue is further complicated by the fact that...

    2 lawyers agreed with this answer

  9. A defendant in a case files a demurrer, the court sustains the defendant's demurrer with a leave to amend for the plaintiff.

    Answered over 1 year ago.

    1. James Carl Eschen III
    2. David M Blain
    3. Pajman Jassim
    3 lawyer answers

    If you haven't done so already, retain an attorney.

  10. What jury instructions are there for credit card lawsuits? What instructions to the jury show what the plaintiff must prove?

    Answered over 1 year ago.

    1. Adrienne Patricia Allen
    2. David M Blain
    3. Charles Michael Tobin
    3 lawyer answers

    Here's a link to the 2013 edition to CACI: http://www.courts.ca.gov/partners/documents/caci_2013_edition.pdf The type of instruction will depend upon the causes of action(s) alleged by plaintiff. There are also additional preliminary instructions and evidentiary instructions that are relevant. There are instructions for contracts (formation, interpretation, defenses, etc.), breach of contract, fraud, misrepresentation, damages, etc. Without more information I can't give you a better...