Ernie P Santamaria’s Answers

Ernie P Santamaria

San Jose Immigration Attorney.

Contributor Level 7
  1. Car Accident Person who hit me is now lying!

    Answered over 1 year ago.

    1. Kevin Coluccio
    2. Jeffrey Mark Adams
    3. Keith G Langer
    4. David M Blain
    5. Ernie P Santamaria
    6. ···
    7 lawyer answers

    First, talk to you lawyer about the next move. As an aside, I can tell you from having worked in the insurance industry before i began my law career that the person who rear-ended you and is now allegedly changing his story is not the ONLY fact that is hurting your case. It is also the person in the front who says they felt TWO impacts, and since it is in the police report, this means that this statement was likely made when the accident was freshest in his memory. Unfortunately, TWO...

    13 lawyers agreed with this answer

  2. Who is responsible for repair/replacement of appliances present at move-in & not damaged by tenant when lease does not specify?

    Answered almost 2 years ago.

    1. Kevin Lewis King
    2. Ernie P Santamaria
    3. Frank Wei-Hong Chen
    3 lawyer answers

    I agree with Frank and Kevin above. The way your lease is worded, you are responsible for the damages and repairs that you (or your guests, pets, and so on) directly cause. Normal wear and tear shall be the responsibility of the landlord provided you notify him, in writing, of the problem, in a timely manner. In other words, you have to mitigate damages by at least giving the landlord written notice of the problem, in a timely manner, so he can fix it. The terms in your lease seem fair....

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Question: 3 days notice to quit or pay (San Francisco Property) San Francisco, CA

    Answered almost 2 years ago.

    1. Ernie P Santamaria
    2. Kevin Lewis King
    3. Kevin Samuel Sullivan
    4. Frank Wei-Hong Chen
    4 lawyer answers

    California Code of Civil Procedure 1161 - 1162 gives you the guidelines for beginning and completing the eviction process (unlawful detainer) Per the code section, no mention is made in regards to serving multiple tenants on the same lease with individual notice. With that in mind, the court will look to the notice to ensure full compliance with the rules. Any procedural mistake will be grounds for a motion to quash notice to be granted, and you will have to begin the process again, to...

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  4. As a minor I was in a car wreck now an adult can I sue?

    Answered almost 2 years ago.

    1. Alison Swicker Gokal
    2. Ernie P Santamaria
    3. Michael A Rabban
    3 lawyer answers

    I agree with Ms. Gokal. As you a minor you could have brought a law suit through a guardian ad litem. Additionally, the statute of limitations (normally 2 years for personal injury in CA) was tolled, or delayed, and did not begin until you became a legal adult. (18 years of age). From the day you turned 18, you had 2 years during which you could have brought a law suit. Your opportunity to bring a law suit expired 25 years ago when you turned 20.

    6 lawyers agreed with this answer

  5. How do i get the insurance company to call me back regarding a claim?

    Answered almost 2 years ago.

    1. Steven Mark Sweat
    2. James Michael Slominski
    3. Alison Swicker Gokal
    4. Ernie P Santamaria
    5. Michael A Rabban
    6. ···
    6 lawyer answers

    Unfortunately, there is no easy way to get a hold of a claims adjuster, even if you are the insured. My advice would be to report this accident to your own insurance company and let them fight the good fight for you. If you have collision coverage, your own company can pay the damages or loss of your car and then go after the other driver's insurance for reimbursement (subrogation). While it still might be a pain, you will have a much easier time reaching your own insurance company's claims...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. What do i do if i receive an unlawful detainer by mail after i moved out. The letter is dated on the 16 and i was out by the 13.

    Answered over 1 year ago.

    1. Ernie P Santamaria
    1 lawyer answer

    There are important parts missing to your story. The fact that you received notice of the lawsuit presumably means that at some point, while still in the unit, you received a notice to "pay or quit". If you didn't, this is a relatively simple issue to address with a motion to quash for improper notice. Procedure is VERY important in an unlawful detainer action. IF you did get notice, and you were not out by the date to pay or quit, then the cause of action for a UD arose and different steps...

    4 lawyers agreed with this answer

  7. Can I sue FBI and Hoag Memorial Hospital Presbyterian for racketeering, conspriacy , bodily injury, conspiracy to cover up?

    Answered almost 2 years ago.

    1. Ernie P Santamaria
    2. Robert Don Fink
    3. Michael Charles Doland
    4. Alison Swicker Gokal
    4 lawyer answers

    While I am not on board with your limited list of potential defendants... how would you feel about a potential class action against a yet undiscovered alien race?? I can't yet prove they have any association with Hoag, but I am certain that discovery will produce the needed documents.

    4 lawyers agreed with this answer

  8. I own a mobile home that is available for rent, I just became aware of the back porch needing replaced because of wood rot.

    Answered almost 2 years ago.

    1. Ernie P Santamaria
    2. Kevin Lewis King
    2 lawyer answers

    As a landlord you have certain duties that you owe your tenants. Warranty of habitability, quiet enjoyment, certain repairs, and so on. I tend to disagree with the comment above about a single entrance/exit violating fire/safety codes as thousands upon thousands of apartment units have only a single entrance. Your concern is rightly placed regarding landowner liability if someone were to become injured because of the dangerous condition of your property. When there is a dangerous...

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  9. Can I serve (discovery) on a party directly via personal service when the party is represented by an attorney?

    Answered almost 2 years ago.

    1. Ernie P Santamaria
    2. Kevin Samuel Sullivan
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Once a party is represented by an attorney, all communication regarding the matter for which he or she is represented, must be through the attorney of record. You can personally serve the discovery to the attorney's office and the same time for responses which you hope to obtain by personally serving the party will apply to the discovery.

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  10. Can the marshals make me move out if I haven't got an ud served to me at all

    Answered about 2 months ago.

    1. Shazad Z Omar
    2. Ernie P Santamaria
    2 lawyer answers

    With a UD, the rules must followed to the letter. This means that a landlord must follow every single step of a UD without mistake. One of the big mistakes I have seen are the time constraints regarding notice and filing the UD. I suspect that a court would not allow a judgment against you without you ever receiving a notice of the UD. I can't imagine any court proceeding a lawsuit against a person, without the person being aware of the suit. You have a right to defend and to confront the...

    3 lawyers agreed with this answer

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