David M Blain’s Answers

David M Blain

Dana Point Litigation Lawyer.

Contributor Level 11
  1. How to file motion to force production of documents and the original copy of the copies?

    Answered almost 2 years ago.

    1. David M Blain
    2. Neil Pedersen
    2 lawyer answers

    Read the following statute which governs demands for production of documents and motions to compel production of documents: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=02001-03000&file=2031.210-2031.320 For the format of a discovery motion please read the following: http://www.courtinfo.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1345 There are quite a few requirements and issues that need to be addressed. First of all, you need to have actually requested the...

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  2. Can a landlord change the lease termination fee without notifying the tenant?

    Answered almost 2 years ago.

    1. David M Blain
    2. Steven Alan Fink
    2 lawyer answers

    If you are able to prove that the representative said the termination fee was $1,400 (text, email, etc.) then show that to the LL and pay the $1,400. If you are not able to prove that fact, then the 1.5 months fee may not be that bad considering what a LL is legally entitled to when a tenant illegally terminates a valid lease agreement. A lease agreement is treated as a contract, and when a party to the contract breaches the agreement the non-breaching party is entitled to damages. So, for...

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  3. I am involved in at fault rear end collision.after 8 months i got married.will my spouse be liable to the lawsuit ?

    Answered almost 2 years ago.

    1. David M Blain
    2. Wendy Ha Chau
    3. John Noah Kitta
    4. Glenn Jay Holzberg
    4 lawyer answers

    You should be seeking the advice of a New Jersey lawyer with expertise in the field of personal injury and/or asset protection or marital property under New Jersey law.

    3 lawyers agreed with this answer

  4. I was driving my moms car and didn't have insurance or licence. Now. What can I do to get the car out of impound

    Answered almost 2 years ago.

    1. Frank Marvin Nunes
    2. David M Blain
    3. Marc Sean Hurd
    3 lawyer answers

    Tell your mom what happened. Take her down to the impound lot, pay the fee and they will release the car to her.

    3 lawyers agreed with this answer

  5. What is the Statute of Limitation for auto accident in California?

    Answered almost 2 years ago.

    1. Mona Deldar
    2. Alison Swicker Gokal
    3. Bret A. Schnitzer
    4. David M Blain
    5. Wendy Ha Chau
    6. ···
    7 lawyer answers

    C.C.P. Section 335.1. "Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another." The statute may be tolled for reasons of insanity, minority, imprisonment, absence in the state, etc. C.C.P. Section 338 further states, "Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture; (b) An action for trespass upon or injury to real property; (c) (1) An...

    3 lawyers agreed with this answer

  6. What can I do about a lawyer claiming inadvertence?

    Answered almost 2 years ago.

    1. David M Blain
    2. Christian Frederick Paul
    3. James Michael Slominski
    3 lawyer answers

    There seem to be quite a few details missing in your statement of facts, which makes it difficult to provide an adequate response. However, if the Answer was filed prior to your Request for Default then the Court will likely deny your request. The rational is that a responsive pleading must be filed within the time specified in the summons OR within any further time that may be allowed. A plaintiff who has yet to request a default has, in effect, allowed the defendant further time to file a...

    3 lawyers agreed with this answer

  7. How do I oppose a plaintiff's ex parte motion order for shortening time on a demure to an unlawful detainer action?

    Answered almost 2 years ago.

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

    A demurrer may not be the appropriate response in the UD action. The best way to oppose the ex parte is to show up at the hearing and explain your reasons to the Judge why the ex parte application should be denied. It'd be better if you could file a written opposition along with a declaration setting forth the needed exhibits (i.e. a copy of the complaint in the other action, etc.) so the Judge has all the information in front of him/her and can make the right decision.

    3 lawyers agreed with this answer

  8. Can dealer ignore 30 day demand letter from my lawyer?

    Answered about 2 years ago.

    1. David M Blain
    2. Erik Priedkalns
    3. Frank Wei-Hong Chen
    4. Scott Richard Kaufman
    4 lawyer answers

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

    3 lawyers agreed with this answer

  9. How can a creditor have a judgment entered against me?

    Answered about 2 years ago.

    1. David M Blain
    2. James Michael Slominski
    3. Kevin Samuel Sullivan
    3 lawyer answers

    Your question is a bit confusing because it seems to be missing critical facts. For example, what happened at the scheduled trial? If the trial proceeded forwarded as scheduled and you lost, then the Judge will enter an order for the creditor and against you. If you are mistaken that you timely answered then perhaps a default judgment was entered against you and in favor of the creditor. If this is the case, and it's not too late, you can move to have the default set aside.

    3 lawyers agreed with this answer

  10. Could i legally physically assault an unruly drunk guest in my home?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. David M Blain
    3. Robert Laurens Driessen
    3 lawyer answers

    DISCLAIMER: I am not your attorney. This response does not create an attorney-client relationship between you and I. The following statements are general observations and not intended for you to rely upon them. You should contact a local attorney immediately for assistance in your case. My recommendation is this: If you think this situation will likely happen again, then find a new place to live. Don't wait for this guy to come back with a knife and a little more liquid courage. With...

    3 lawyers agreed with this answer