Joshua Alan Burt’s Answers

Joshua Alan Burt

Ventura Employment / Labor Attorney.

Contributor Level 12
  1. I got into an accident with a truck driver who was on the job. His license was expired at the time. Do i have a case?

    Answered 23 days ago.

    1. Wendy Marie Schenk
    2. Michael Raymond Daymude
    3. Joshua Alan Burt
    4. Armen Michael Tashjian
    5. Zaheer A Shah
    6. ···
    15 lawyer answers

    I generally agree with the prior attorneys in this thread. However, the expired license is a very important fact when trying to get the company liable for punitive damages. You would have a claim for negligent entrustment against the company. If you could prove, through discovery, that they knew his license was expired, it would be a very important fact in a finding of oppression. Which, in turn could lead to punitive damages. This would be a complicated case that requires an experienced...

    9 lawyers agreed with this answer

  2. In a personal injury claim, are nerve issues looked at differently than soft-tissue injuries?

    Answered 7 months ago.

    1. Hillary Arlene Jones
    2. Sagar P. Parikh
    3. Joshua Alan Burt
    4. Wendy Marie Schenk
    5. Robert Bruce Kopelson
    6. ···
    11 lawyer answers

    Soft tissue damage is just as serious as any other injury. The problem is that soft tissue damage is harder to prove. Once proved, a jury will likely compensate you sufficiently for the injury. Nerve injuries vary. If it is the type of injury that can be quantified by a nerve study, then it is much easier to prove. That said, there are studies on the appropriate muscles regarding response time, strength, etc. that can also be used to quantify nerve damage. Short story is, it depends....

    9 lawyers agreed with this answer

  3. Can I recover more than policy limits for major permanent injury?

    Answered over 1 year ago.

    1. Joshua Alan Burt
    2. Robert Bruce Kopelson
    3. Malosack Berjis
    4. Sean Michael Patrick
    5. David Alan Wolf
    6. ···
    8 lawyer answers

    This is a very difficult question to answer because so much depends on who the responsible parties are and whether you can tie them to the business and other assets. A spouse is generally liable for the torts of the other spouse. So, the wife's assets may be something you can get to. The business may be another story. It requires discovery into the money trail and, as any lawyer will point out, discovery into assets and finances is very difficult. If the policy limits offer is too small...

    8 lawyers agreed with this answer

  4. Can an employer of a franchise company have you clock in at another place after working 8 hours so that they don't pay overtime?

    Answered over 2 years ago.

    1. Joshua Alan Burt
    2. Marilynn Mika Spencer
    3. Sean James Gavin
    4. Dana Lee Douglas
    5 lawyer answers

    Although it would be very key to find out if the employer is paying you out of one corporation/entity, that is not the only way to prove that your employer is being fancy with the accounting and overtime pay. The two franchises could be considered joint-employers, alter egos, or simply one entity because of their ownership by one person/company. Based on the facts you give us, it seems as if any one of these circumstances may be applicable. You should definitely seek a lawyer on this one....

    7 lawyers agreed with this answer

  5. Central US District Court: Do I need to serve the proof of service on the defendants (I know it needs to go to the court)?

    Answered almost 3 years ago.

    1. Joshua Alan Burt
    2. Robert Harlan Stempler
    2 lawyer answers

    Yes. You must send the proof of service to all parties.

    Selected as best answer

  6. How can I subpoena personal records from a third party in California?

    Answered over 3 years ago.

    1. Joshua Alan Burt
    2. Steven Alan Fink
    3. Eliz C A Johnson
    3 lawyer answers

    These subpoenas are not filed with the clerk. You or someone you hire needs to personally serve them on the individual involved (not by mail, fax, email, etc.). If it is a corporation, you will need to serve it on the designated agent for service of process (found on the secretary of state's website) or another person identified by the company. You can find the specifics of this in California Code of Civil Procedure section 2020.220(b) and (c). You will also need to enclose the...

    Selected as best answer

  7. If a maintenance man of my apartment had non-consensual sex, holding a knife against my neck, how do I sue apartment corp?

    Answered 21 days ago.

    1. Sagar P. Parikh
    2. Ajay Mohan Kwatra
    3. Joshua Alan Burt
    4. Wendy Marie Schenk
    5. Aimee E Kirby
    6. ···
    9 lawyer answers

    There are many factors that would go into holding the employer responsible. Some would include if they knew of his violent tendencies in advance, a good case for negligent retention/hiring may exist. There are many other ways to go after the corporation based on the specific facts of the case. A good attorney will research the maintenance man's criminal and personal history in order to get a sense of his past behavior and whether the corporation might have known this about him. I am so...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can someone trademark my name to keep me from competing in the same industry now that my non-compete is up?

    Answered about 3 years ago.

    1. Joshua Alan Burt
    2. Pamela Koslyn
    3. Maurice N Ross
    3 lawyer answers

    I looked this application up on the USPTO website and found the application you are talking about. If you click on the TDR button above the record, you will find the status of the application. You will see a January 29, 2011 outgoing office action. In that office action, the trademark examiner has rejected the application because it seeks to register a person's name without permission. This is exactly what you are trying to prevent and the USPTO has picked up on. Generally, one cannot...

    3 lawyers agreed with this answer

  9. Can i sue someone for battery they are charged and plead guilty? i got hit and fell and got knocked out from the concrete.

    Answered over 3 years ago.

    1. Joshua Alan Burt
    2. Adam David Sorrells
    3. Sara Catherine Rochyby
    3 lawyer answers

    You can sue. The big question involves your damages. Being knocked out is a big deal. But, are there any current side effects? Also, can you collect form this guy. Is he still in the military. That can make things problematic especially if he gets deployed. You should call a lawyer and discuss this with them as soon as possible.

    Selected as best answer

  10. My son was fired from his job. The co-workers and supervisers sexually harassed and assaulted or battered him.

    Answered almost 3 years ago.

    1. Joshua Alan Burt
    2. Marilynn Mika Spencer
    3. Michael S. Haber
    4. Christian K. Lassen II
    4 lawyer answers

    Your son has a couple of non-exclusive options. First, he, or you on his behalf, can report this to the police. This conduct is against the law. Second, your son can file a lawsuit alleging such claims as wrongful termination, harassment, assault and intentional/negligent infliction of emotional distress lawsuit, among other things. You cannot file the suit ion his behalf. However, if your son is a minor, your involvement becomes more important. In the end, the criminal and civil...

    3 lawyers agreed with this answer

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