Brian Richard Dinday’s Answers

Brian Richard Dinday

San Rafael Criminal Defense Attorney.

Contributor Level 16
  1. Can visitation be taken away if other parent is not paying child support?

    Answered almost 5 years ago.

    1. Brian Richard Dinday
    2. Steven Alan Fink
    3. Richard Forrest Gould-Saltman
    3 lawyer answers

    As unfair as it sounds, non payment does not cancel out visitation. I know. He gets the benefits of being a daddy without having to actually show the maturity incumbent in that position of responsibility. But think of it as the law does: it's not for him; it's for your child. I assume the fatherly contacts are to your child's liking. If he is a bad influence on the child, you should be going to court to curtail visitation for THAT reason, not non payment. Good luck. Oh, and by the way, don't...

    4 people marked this answer as helpful

  2. Can i collect post-judgement interest?

    Answered almost 5 years ago.

    1. Kenneth Lewis Swenson
    2. Brian Richard Dinday
    3 lawyer answers

    I don't necessarily disagree with Mr. Swensen. In fact there was no judgment once it was vacated. But there is a principle in law called "relation back" which in some cases will take an earlier event date and apply it to a later similar event if the parties are the same. for instance, if you file a lawsuit close to the statute of limitations and then amend it after the statute has expired,, the amended complaint "relates back" to the timely filed one. In your case, the judgment against...

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  3. Can my doctor sue me for placing several bad reviews about him/her on several review websites

    Answered almost 5 years ago.

    1. Brian Richard Dinday
    2. Steven Alan Fink
    3. Pamela Koslyn
    3 lawyer answers

    When someone honestly and non-maliciously exercises their constitutional right of free speech and gets sued as a ploy to shut him up, he has a remedy. You get a lawyer to file a "SLAPP" motion to dismiss the suit. You ought to win this. I have done it, took it to the Court of Appeal and won there too. And it is a quite powerful remedy. It ALSO by the way, contains a provision to award the winner his attorney's fees. you also might save yourself some money by informing this doctor's lawyer at...

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  4. Domestic Violence Charges, Please help

    Answered almost 5 years ago.

    1. Brian Richard Dinday
    2. Robert Lee Marshall
    3. Edward Jerome Blum
    3 lawyer answers

    I believe this is a re-posting of this inquiry. I note that among the 11 attorneys who have viewed this newer post and all those who viewed my prior answer, still no one has stated that they have ever seen a woman prosecuted for lying and making a false accusation of domestic violence. Again, if anyone knows of a single instance, please post it here.

    1 lawyer agreed with this answer

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  5. Where can i find a criminal defense lwyer working pro bono in sanbernardino, ca

    Answered almost 5 years ago.

    1. Brian Richard Dinday
    2. Michael Rutledge Norton
    3. Alan James Brinkmeier
    4. Christopher Joseph Tamms
    4 lawyer answers

    You should look in the yellow pages under "Free Lawyers." It is found right before "Free Money". What I wonder when I read these many inquiries for "pro bono" lawyers, is why you are not asking about a payment plan so you can pay for legal services over time? Good luck.

    2 lawyers agreed with this answer

  6. In california what are the laws of a parent sharing the same room as a child?

    Answered almost 5 years ago.

    1. Brian Richard Dinday
    1 lawyer answer

    Inquiries like yours just make me sigh. So you're split up, and mom has to rent a unit shared with four other families and share a room with your five year old. I just have to wonder why that would be, when your daughter has a very concerned father to take care of supporting her. And you would like to use her dire straits as grounds to take custody away from your daughter's mother? You're kidding right?

    4 people marked this answer as helpful

  7. Ex's "father's rights" attorney has filed more than 300 motions since being taken to court for non-pay of child support. Help!

    Answered about 5 years ago.

    1. Brian Richard Dinday
    1 lawyer answer

    300 MOTIONS? You have GOT to be kidding? If that is true, you might want to consult a tort lawyer (one who does accident cases would qualify) about considering a malicious prosecution case against the moving party and his attorney. That is clearly abusive and one has to wonder about what this lawyer is doing. Has he no other clients? I can only imagine how much money he has cost you by all this "make work" litigation. National toxic tort, class action litigations worth hundreds of millions of...

    4 people marked this answer as helpful

  8. Can I sue a person who filed a civil action against me for "harassment" based on conduct in the course of litigation

    Answered about 5 years ago.

    1. Kenneth Lewis Swenson
    2. Brian Richard Dinday
    3. Jonathan H Levy
    3 lawyer answers

    Your facts are not clear. I am going to assume that you sued the "harasser" and she has now sued you for malicious prosecution after you lost your original lawsuit against her. Is this your situation? If so, you cannot sue her for "harassing" you by suing you. If her "harassment" consists of something other than filing the suit against you, then maybe you can sue. If she has sued you for legal actions you took during the pendency of your lawsuit against HER, and her suit is for OTHER...

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  9. What is the statute of limitations on a slip and fall case in California?

    Answered about 5 years ago.

    1. Brian Richard Dinday
    2. Kenneth Lewis Swenson
    3. Guy Scott DiMartino
    4. Mark Carleton Blane
    4 lawyer answers

    California indeed has a two year statute of limitations. So you are okay on that issue. What does NOT appear to be okay is how long it took you to go see a doctor. If you waited six months to see any doctor and get treatment, your claim will be received by the insurance company as weak at best, or fraudulent. What disturbs me is that you say "NOW my hip and back are in pain" A YEAR later? Surely you don't mean that. When did you first go to the doctor complaining of the injuries from the fall?...

    4 people marked this answer as helpful

  10. Under what circumstances, if any, can one retract or appeal a "no contest plea" to a misdemeanor charge in the state of CA.?

    Answered about 5 years ago.

    1. Brian Richard Dinday
    2. Alexander Thomas Henderson
    3. Alan James Brinkmeier
    4. Deirdre Lynn O'Connor
    4 lawyer answers

    Mr. Henderson and Ms. O'Connor have given you good advice. But there is more to be said. You do not say how long ago your plea was. You are not necessarily beyond hope if you are beyond the statutory period for "withdrawing your plea" under P.C. Section 1018. There is another way. It is a common law remedy called the writ of "coram nobis", by which you can vacate a plea and conviction even after the six months has elapsed.The grounds are similar. The difference is that relief can be...

    1 lawyer agreed with this answer

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