David M Blain’s Answers

David M Blain

Dana Point Litigation Lawyer.

Contributor Level 11
  1. Does attorney-client privilege apply to other attorneys in a case involves attorney and client as opposing parties?

    Answered almost 2 years ago.

    1. David M Blain
    2. Thomas Anthony Schaeffer
    3. Michael Raymond Daymude
    3 lawyer answers

    I can't make sense of your question. The attorney-client privilege is held by the client and can be waived by the client. The client can tell whomever he/she wants about anything their attorney told them or said to them. The attorney, however, is the one who has to generally keep their mouth shut. There are a few exceptions to this rule. One of them being a subsequent lawsuit between the attorney and the former client. In that case the attorney is allowed to disclose necessary...

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  2. Requesting punitive damages

    Answered about 2 years ago.

    1. David M Blain
    2. Michael Charles Doland
    3. John Ryan Charles Burt
    3 lawyer answers

    As the other attorney's have already advised, punitive damages are generally not recoverable in a breach of contract claim. When a contract is breached there are many different types of damages that are potentially available to the injured party. Which type(s) will be available and appropriate depend upon the nature of the breach and the facts of the given case. The types of damages available are: compensatory damages (expectational and consequential); liquidated damages; nominal damages;...

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  3. Contractor charged us for permits that he had to pay for - is this fraud?

    Answered almost 2 years ago.

    1. Christine C McCall
    2. David M Blain
    3. Mahyar Ghassemian
    4. Nicholas Basil Spirtos
    5. Jed R Prest
    5 lawyer answers

    Well, first of all stop writing blank checks and handing them out to people. Secondly, call him and have a discussion with him about this issue. If he does nothing about it, then you can sue him in small claims court.

    5 lawyers agreed with this answer

  4. Can I, a pro se, file a class action complaint against the Superior Court, Court of Appeal, the Supreme Court and the State Bar?

    Answered almost 2 years ago.

    1. Michael Charles Doland
    2. David H. Fink
    3. Shawn Michael Haggerty
    4. Joshua Sachs
    5. David M Blain
    6. ···
    8 lawyer answers

    You were told by the Court and opposing counsel you made many mistakes at every level because you probably did make many mistakes at every level. It's not an injustice to require every litigant to play by the same rules. It's either your error in judgment to refuse to sign a lawyer or your stubbornness in pursuing a claim lawyers told you wouldn't win. Access to a lawyer, especially in a med mal case, is fairly available AT NO COST TO THE PLAINTIFF unless you win. However, this assumes the...

    5 lawyers agreed with this answer

  5. How to win a motion compel production of document?

    Answered almost 2 years ago.

    1. Michael Charles Doland
    2. David M Blain
    3. Frank Wei-Hong Chen
    4. Robert Bruce Kopelson
    4 lawyer answers

    Follow the link below for the statute governing production of documents and motions to compel certain documents. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=02001-03000&file=2031.210-2031.320 Generally speaking, a party responding to the demand has 30 days to either state they will comply with the demand; or that they object to the demand on certain grounds; or that the party lacks the ability to comply with the demand. If any of these answers are, in the...

    5 lawyers agreed with this answer

  6. Is my University liable if I am involved in an auto accident while traveling to a mandatory school assignment

    Answered almost 2 years ago.

    1. S. David Rosenthal Esquire
    2. Bret A. Schnitzer
    3. Mark Carleton Blane
    4. Kevin Coluccio
    5. Gordon Alexander Glenn
    6. ···
    8 lawyer answers

    As stated by every other attorney who responded before me, unless you were an employee of the university and were injured while acting within the course and scope of that employment, then no the university is not liable.

    5 lawyers agreed with this answer

  7. Question regarding filing a motion to compell production.

    Answered about 2 years ago.

    1. Neil Pedersen
    2. Frank Wei-Hong Chen
    3. Alan James Brinkmeier
    4. David M Blain
    4 lawyer answers

    In my opinion you are SOL on this motion to compel. If it is true that the responses were provided MONTHS earlier then you missed any time you had to file your motion. And by failing to file your motion within the allowed time you waived any right to compel a further response. Plus you are well past the discovery motion cutoff date. This is a hard battle to overcome. "2031.310. (a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party...

    5 lawyers agreed with this answer

  8. How do you start a class action suit?

    Answered about 2 years ago.

    1. Andrew Daniel Myers
    2. Steven Mark Sweat
    3. Christine C McCall
    4. Ronald Lee Bell
    5. Robert Don Fink
    6. ···
    7 lawyer answers

    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.

    5 lawyers agreed with this answer

  9. What can I do if, in a partnership, one partner sold part of the partnership without my consent?

    Answered over 2 years ago.

    1. Michael Charles Doland
    2. Frank Wei-Hong Chen
    3. Joseph Bernard Mchugh Jr
    4. David M Blain
    4 lawyer answers

    The partnership agreement will be looked at first to determine what rights you have. Although dissolution of the partnership may be warranted and an appropriate action to take, you may want to consider discussing the issue with your partner and trying to get everyone on the same page. If what has happened is a deal breaker for you, then maybe your partner and the "quasi"-parnter woul;d buy you out of the agreement?

    5 lawyers agreed with this answer

  10. 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.

    Answered almost 2 years ago.

    1. Christian K. Lassen II
    2. David M Blain
    3. David J. McCormick
    3 lawyer answers

    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.

    6 lawyers agreed with this answer