David Matthew Miller’s Answers

David Matthew Miller

Moraga Mediation Attorney.

Contributor Level 8
  1. I am very upside down in my car loan. It may qualify under the California Lemon Law guidelines.

    Answered over 2 years ago.

    1. Scott Richard Kaufman
    2. David Matthew Miller
    3. Ronald Lee Burdge
    3 lawyer answers

    Your question didn't state the reasons why your car might qualify for repurchase or replacement by the manufacturer. Assuming it does, you can ask for a repurchase or a replacement decision. If a repurchase decision is awarded, then you will get back your purchase price less a per-mileage deduction for the use you have had of the car (120,000 - the miles on your car, in order to determine the amount of the purchase price you get back). If you have low miles on it, then you would get almost...

    1 lawyer agreed with this answer

  2. I don't know if my car would fall under the California Lemon Law or Magnuson Moss Warranty Act. I have a 2004 VW.

    Answered over 2 years ago.

    1. Ronald Lee Burdge
    2. Kenneth Yeu Chiu
    3. David Matthew Miller
    4. Scott Richard Kaufman
    4 lawyer answers

    I doubt you have much of a legal case against Volkswagen. You didn't say how many miles were on the vehicle at the different repair times, or if the first warranty was an extended warranty through VW or with a private company. Also, you are probably time-barred from bringing any claims against the VW dealership that did the repair in 2009 or 2010, unless the same dealer has been doing the repairs all along. The "Lemon Laws" apply to manufacturers, not dealers, and not to private companies...

    1 lawyer agreed with this answer

  3. What happened at the Medical Malpractice MSJ phone hearing? Am I supposed to argue my case orally to the Arbitrator?

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. David Matthew Miller
    3. Raymond Scott Costantino
    3 lawyer answers

    While you don't need to appear at the telephone hearing to argue this motion, you most certainly should. Not appearing could harm your case; first, it might demonstrate weakness in the case itself, and second, there may be inaccurate information which you need to contest in order to show that summary judgment is not appropriate. As upsetting as the underlying events might be, if you want to maximize your chances of success you will have to relive the events--unfortunately that is one down-...

  4. Can my Aunt sue Aamco Transmission in small claims?

    Answered over 2 years ago.

    1. Kevin Samuel Sullivan
    2. David Matthew Miller
    2 lawyer answers

    Your aunt will need to prove that the installation of the transmission cause the engine to "blow up." You don't indicate the dollars involved in repairing the engine failure. Small claims in California has a top limit of $7,500. If the amount of the repairs is higher, she will need to go to into the limited jurisdiction court (up to $25,000). Has a mechanic looked at the car, and determined that Aamco's work was faulty? Also, you didn't indicate how many miles are on the car. If the car...

  5. IPod stolen during tow

    Answered over 2 years ago.

    1. Kevin Samuel Sullivan
    2. Herb Fox
    3. David Matthew Miller
    3 lawyer answers

    You can make a claim against your own insurance, or against the tow company and its insurance. From a practical standpoint, you really need to decide it is worth it, given the small value of the iPod (which might be less than your own deductible). It will be a credibility contest, and you'll have to prove it was more likely than not that you had an iPod in the car when you left it (small electronics tend to be the subject of a lot of loss claims like this circumstance). You will probably...

  6. I filed a claimed against the City of San Marcos, CA due to storm drain damage from a broken underground drain

    Answered almost 3 years ago.

    1. Pamela Koslyn
    2. David Matthew Miller
    2 lawyer answers

    California has a statute that requires you to give notice to a government entity of your claim before you sue. The time frame is pretty short. The issue of whether or not the city had a legal right of way or adequate storm drains will probably require expert surveyors and civil engineers to evaluate. For that amount of money, I must agree with my colleague that you should consult with an attorney. If friends can't give you a referral to a lawyer, contact your local bar association. Good luck

  7. How do I response to First Amended Summons?

    Answered almost 3 years ago.

    1. Robin Mashal
    2. David Matthew Miller
    2 lawyer answers

    Legal pleadings can be confusing to non-lawyers. If you do nothing for a long enough period of time, the court will likely enter a judgment against you. The judgment could be for money, or other relief. The pleadings will state these things, if you can sit down and read them thoroughly, you'll get a fair amount of information. You mention that your company received money, which makes it sound like there could be a lot at stake, including your business. I agree that you should consult an...

  8. Where to File My Lawsuit if I Work From Home?

    Answered almost 3 years ago.

    1. Joshua Alan Burt
    2. David Matthew Miller
    2 lawyer answers

    I agree with the prior answer, but am not familiar with the two jurisdictions enough to advise whether one might be preferable for your case. In addition to which county might give you a better result, you should also think about which county can process your case faster and get you to trial, and also whether one of the counties has a better mediation program, which would possibly give you an opportunity to resolve your case before trial. If you do choose LA, remember you (or your lawyer)...

  9. In California, can I use form FL-301 to file the following motions..

    Answered almost 3 years ago.

    1. David Matthew Miller
    1 lawyer answer

    I don't know Family Law, so can't advise you on what forms to use. However, check with the Contra Costa County Bar Association and Law Library. There are some pro bono (means free to you) services which might be able to help you. Good luck.

  10. How can I serve the defendant properly to go to small claims court?

    Answered almost 3 years ago.

    1. David Matthew Miller
    1 lawyer answer

    You have a couple of options. First, see if your local court will handle the service of process by the County Sheriff. You will likely be charged a fee, but if you can get the person served it's worth it. Also, if you win you can ask the court to add the cost to your claim. Second, consider hiring a private investigator to track the person down and serve her. The internet can be a great source of a lot of information, if you know how to use it--the PI will know how. Third, if you have...