Matthew Alan Rives’s Answers

Matthew Alan Rives

Sacramento Litigation Lawyer.

Contributor Level 9
  1. Do I need a malpractice attorney who specializes in dental accidents.

    Answered 10 months ago.

    1. Matthew Alan Rives
    2. Christopher John Gansen
    3. Jeffrey Ira Schwimmer
    4. David Ian Schoen
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    You do not necessarily need an attorney who specializes in dental malpractice. Most attorneys who will take medical malpractice cases will also handle this type of case. Having an attorney who is familiar with these procedures would not hurt. More importantly, your statement "it's been two years" concerns me as there may be a real issue with the statute of limitations in your case. Contact a medical malpractice attorney ASAP for a consult.

    8 lawyers agreed with this answer

  2. 1. What is low fee for favorable police report for auto injury cases. 2. Why attorneys do not take fee after the net recovery

    Answered 11 months ago.

    1. Matthew Alan Rives
    2. Neil Pedersen
    3. Philip Anthony Fabiano
    4. Robert J Adams Jr.
    5. C. Donald Briggs III
    5 lawyer answers

    I can tell you that in my experience, in California, a 33% contingency fee pre-trial, and a 40% fee for trial is about standard. Also, I have seen my colleagues cut their fees many times when the lien scenario is unfavorable to a client. There are those who take their ethical and moral obligations helping injured people very seriously. It depends on the attorney

    6 lawyers agreed with this answer

  3. Landlord did not return my half of the security deposit to me as instructed in my 30-Day Notice To Vacate letter. Can I sue him?

    Answered 10 months ago.

    1. Sagar P. Parikh
    2. Matthew Alan Rives
    3. Christopher Daniel Leroi
    3 lawyer answers

    I agree with my colleague. The landlord does not have to parce out a deposit when there are multiple individuals on a lease. Your claim is against your ex roommate.

    5 lawyers agreed with this answer

  4. With a verbal agreement to rent a room week to week under my landlord, do l have to give only a weeks notice?

    Answered 10 months ago.

    1. Matthew Alan Rives
    1 lawyer answer

    California Civil Code 1946 allows for one week's notice in this situation. Just give written notice and go. A claim against you will not go very far if you have been paying your rent on a week-by-week basis.

    5 lawyers agreed with this answer

  5. What if any is the Statute of limitations on filing civil/ criminal charges against a landlord for an illegal lockout/ eviction.

    Answered 10 months ago.

    1. Matthew Alan Rives
    2. Isileli Tupou Manaia Mataele
    2 lawyer answers

    You need to consult with an attorney ASAP. The statute of limitations on this kind of civil action can range from 2 to 4 years depending on many things. Do not worry about this because you need to act immediately. Call the police to make a report and see if they can supervise you getting your personal belongings back. Among other exposures, your landlord can be liable for your actual damages and punitive damages for violating California Civil Code 789.3 and you should try to recover them....

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  6. I need a copy of my signed lease for the apartment I'm living in. Landlord refuses to give me a copy. is that legal?

    Answered 11 months ago.

    1. Matthew Alan Rives
    2. William Stanley Fitch
    3. James Coy Driscoll
    4. Cheryl Rivera Smith
    4 lawyer answers

    The owner of the rental unit or the person who signs the rental agreement or lease on the owner's behalf must give you a copy of the document within 15 days after you sign it. The tenant can also request a copy of the agreement once a calendar year and they have to provide it. If by chance they do not have it, they still have to give you something in writing with some basic information about where the tenant can find the owner, to whom you make your rent payments and in what form. Please...

    4 lawyers agreed with this answer

  7. Should the police have refused to address a landlord lockout? They claimed it was a civil issue.

    Answered 10 months ago.

    1. Frances Miller Campbell
    2. Brad S Kane
    3. Matthew Alan Rives
    4. Christine C McCall
    4 lawyer answers

    When a landlord locks a tenant out in an attempt to terminate that individual's occupancy they could be liable for $100 per day in punitive damages. California Civil Code 789.3. This code also provides for the recovery of attorney's fees when a lockout occurs. You should talk to an attorney ASAP.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. West Hollywood based, dealing with an unruly neighbor with no help from management or owner of building.

    Answered 11 months ago.

    1. Matthew Alan Rives
    2. Jonathan Aaron Weinman
    3. Sagar P. Parikh
    3 lawyer answers

    You could use this scenario as leverage to break your fixed-term lease if you have one. Since it looks like you want to stay, you have a couple of options. Write another letter to your landlord and tell them that at this point your right to "quiet enjoyment" of the premises is being violated. If your lease contains a provision about the landlord preserving or other people not interfering with a tenants' right to quiet enjoyment, cite the provision. Try to get other tenants to complain...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. The handyman came in to fix my sink while I wasn't home, moved my stuff and didn't return it and left a mess.

    Answered 11 months ago.

    1. Michael Raymond Daymude
    2. Matthew Alan Rives
    3. Shazad Z Omar
    3 lawyer answers

    I agree with my colleague. Sounds like you received proper notice that the handyman was entering the premises. As a practical matter, you probably just have to try to be there when they enter the place. Sometimes a landlord will work with a tenant to find a time that works for everybody as long as you are reasonable but they have a right to come in and make routine repairs. Mentioning the mess (and the fact you do not want a repeat performance) nicely to your landlord is also something you may...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. In California, how long does Tenant have to dispute security deposit refund?

    Answered 11 months ago.

    1. Matthew Alan Rives
    2. Joshua Michael Bonnici
    3. Douglas Whitney Weitzman
    3 lawyer answers

    I agree with my colleague. The statute of limitations for liability based on a written contract is 4 years (Code of Civil Procedure 337). The statute of limitations for liability created by statute is 3 years. (Code of Civil Procedure 338). As a practical matter, I don't think the tenant would sit on his right to dispute the charges to the deposit for anywhere close to these timeframes. As a side note, I applaud your willingness to negotiate with your tenant. I would want to see the exact...

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