David M Blain’s Answers

David M Blain

Dana Point Litigation Lawyer.

Contributor Level 11
  1. Is it legal for our landlord to arbitrarily charge us for water without showing us any bills in the state of California?

    Answered about 2 years ago.

    1. Wallace E Francis
    2. David M Blain
    2 lawyer answers

    The landlord may have a legal claim to seek payment of the water bill by you because of the terms in the lease agreement. However, as the previous attorney stated, you may have an equitable defense to the landlord's claim known as Laches. Simply stated, laches is the principle whereby the defendant would be unfairly prejudiced by the Plaintiff's delay in properly bringing his/her claim. Prejudice may be shown by the defendant's change in position, suffering of certain consequences, or...

    2 lawyers agreed with this answer

  2. Can your landlord get away with not serving you even if he files

    Answered about 2 years ago.

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

    I agree with Mr. Chen. The landlord is required to properly serve you with the S&C, and his/her failure to do so renders the Complaint open to a motion to quash for defective service. However, it is in your best interest to do two things: (1) hire a landlord/tenant attorney to represent you, or go to your local legal aid center for assitance to proceed in pro per; and (2) file some sort of responsive pleading that identifies the improper service of the S&C.

    2 lawyers agreed with this answer

  3. At fault accident but other person was not covered by there insurance.

    Answered over 2 years ago.

    1. Norman Gregory Fernandez
    2. Frank Wei-Hong Chen
    3. Michael Charles Doland
    4. David M Blain
    4 lawyer answers

    DISCLAIMER: I am not your attorney. The mere fact that I have provided a response does not create an attorney-client relationship between you and I. The statements I have provided are general observations and are not intended to be relied upon by you in your specific case. There may be facts unknown to me that, had I been aware of them, would change my response provided. You should retain an attorney to assist you in your specific case. To answer your question: (1) No, you cannot sue...

    2 lawyers agreed with this answer

  4. LLC is dissolved, yet there are still late filing penalties among other things, do I need to pay these?

    Answered almost 2 years ago.

    1. Dana Howard Shultz
    2. David M Blain
    3. William Richardson Christian
    3 lawyer answers

    LLC's are subject to an annual state franchise tax and a separate annual LLC fee. The tax is an $800 annual tax that every LLC must pay if the LLC is registered in CA or does business in CA. The LLC fee is based upon the amount of income generated by the LLC. For income of less than $249,999 there is no fee. You can find this very basic information, as well as additional helpful information, here: http://www.taxes.ca.gov/Income_Tax/limliacobus.shtml You must pay the taxes and fees every...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Landlord/Tenant California rights

    Answered almost 2 years ago.

    1. Marcus William Morales
    2. William Stanley Fitch
    3. David M Blain
    3 lawyer answers

    No, just because your tenant read something about cracked furnaces does not mean you must pay for an inspection of the furnace. If your tenant complains of certain damages, issues, defects, etc. related to the furnace then have it inspected at that time.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. I'm a landlord and held 1/2 of deposit. I changed my mind and decided to not rent to them and want to return deposit.

    Answered about 2 years ago.

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

    Give the money back to the tenant in full, just make sure you can document the fact that you have returned the money to them, i.e. make them sign a receipt or pay them with a check or money order.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. I've been trying to find the form for a specific objection to an interrogatory.

    Answered over 1 year ago.

    1. Lloyd Stewart Mann
    2. Joseph Mark Miller
    3. David M Blain
    3 lawyer answers

    The questions and information sought in discovery do not have to be strictly limited to facts plead in any of the pleadings. Parties in discovery are entitled to information, documents and other tangible evidence that may have a tendency to lead to the discovery of admissible evidence. The information and documents exchanged in discovery may nonetheless be excluded from evidence at the trial on the matter, but that does not mean the party are not entitled to such documents and information...

    1 lawyer agreed with this answer

  8. Who's more Likly to be at fault?

    Answered over 1 year ago.

    1. Michael Shemtoub
    2. Steven Mark Sweat
    3. Edward R. Yaghoubi
    4. Kevin Coluccio
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    Report it to your insurance carrier and let them figure it out. You're probably both at fault, but you may share the greater amount of the blame since you didn't have the right of way and backed out in front of the other car. You saying she was speeding isn't going to carry much water because she'll say she wasn't speeding. And since there aren't any independent witnesses or a police report to record statements made at the place of the accident, you're probably going to bear the brunt...

    1 lawyer agreed with this answer

  9. Can I sue LAUSD for not allowing me a parent teacher conference?

    Answered almost 2 years ago.

    1. David M Blain
    1 lawyer answer

    Can you sue? Yes. Will you win? No.

    1 lawyer agreed with this answer

  10. I need help

    Answered almost 2 years ago.

    1. John Kevin Hinely
    2. Maltaise E Cini
    3. David M Blain
    3 lawyer answers

    You haven't provided enough detail to allow an attorney to sufficiently respond to your question.

    1 lawyer agreed with this answer