David C. Garner’s Answers

David C. Garner

Employment / Labor Attorney.

Contributor Level 15
  1. A dentist performed unauthorized service on my 6 yr. old daughter's teeth.

    Answered about 5 years ago.

    1. David C. Garner
    2. Kenneth Lewis Swenson
    2 lawyer answers

    The bigger issue than you $180 is one of medical malpractice. The performance of an unauthorized medical proceedure at minimum amounts to a battery. In addition, having some other doctor do it also amounts to fraud. There might be additional penalties imposed by the dental licensing board. I would talk with an attorney at once. There is more to this than $180.

    1 person marked this answer as helpful

  2. Night vision camera

    Answered about 5 years ago.

    1. David C. Garner
    1 lawyer answer

    If what you say is true, you may have a cause of action in invasion of privacy and nuisance. Nuisance signifies that the "right of quiet enjoyment" is being disrupted to such a degree that a tort is being committed. In California, installation or use of any device for photographing, observing or overhearing events or sounds in a private place without permission of the people photographed or observed is against the law. A private place is one where a person may reasonably expect to be...

    1 person marked this answer as helpful

  3. Do i legally continue have to pay child support when my daughter goes to college,at the age of 18, she is a resident of CA?

    Answered about 5 years ago.

    1. David C. Garner
    1 lawyer answer

    Probably not. While you did not offer a lot of facts, generally a child support obligation ends at majority (18) or highschool graduation (whichever is later). At this point, do not sign anything or agree to anything without the help of an attorney.

    1 person marked this answer as helpful

  4. Our mother left a house her three children. One sibling wants to sell it and two want to keep it. How do we move forward?

    Answered about 5 years ago.

    1. David C. Garner
    1 lawyer answer

    While you are a little sketchy on facts, I'm going to assume that you hold title as tenants in common (frankly it does not matter) but thats a good jumping off point for the analysis. The tenant (owner) who wants out can file an action in partition and force the sale of the property, but this is unnecessary and expensive. You can do it yourself if all agree. All you need to do is agree on a price for the property and the two remaining owners pay the third one third of that amount to buy...

    1 person marked this answer as helpful

  5. I bought a used riding lawn mower and took it back the next day and the owner refuses to pay me back my money.

    Answered about 5 years ago.

    1. David C. Garner
    2. Melissa Cari Marsh
    2 lawyer answers

    Private sales of used merchandise like this are "as is" unless the seller offered a warranty on the merchandise or made material statements as to condition that turned out to be untrue. You will likely lose the small claims court action.

    1 person marked this answer as helpful

  6. Am I responsible to pay for the fence my neighbor requested even though its not my idea?

    Answered about 5 years ago.

    1. Brett Alexander Pedersen
    2. Aaron Roy Feldman
    3. David C. Garner
    4. Melissa Cari Marsh
    5. Brian Richard Dinday
    5 lawyer answers

    You will not have to pay for the fence if the remainder of your property is unfenced. However, if you ever enclose the rest of your property, your liable for your share of this segment.

    1 person marked this answer as helpful

  7. I bought a used, 2008, vehicle certified from a dealership. The veh did not end up having all options as advertised to have.

    Answered about 5 years ago.

    1. David C. Garner
    2. Melissa Cari Marsh
    3. Ronald Lee Burdge
    3 lawyer answers

    Frankly, you have the option to recind the contract. Rather than have them take that stuff off the total (which they are going to want to do at their cost) insist that all of those things be installed on the car. Then you get the retail benefit of it (you know its included in the price you paid). Or offer to have them swap you for a car that has all of that. This is false advertising and fraud. Make sure you save that ad and all paperwork associated with this transaction. If they give...

    1 person marked this answer as helpful

  8. California Tenant Laws

    Answered about 5 years ago.

    1. David C. Garner
    2. Melissa Cari Marsh
    2 lawyer answers

    Not that I am aware of, but it certainly becomes a negotiating point when it is time to renew a lease.

    1 person marked this answer as helpful

  9. Should my daughter be expected to cover any part of her rent?

    Answered about 5 years ago.

    1. Melissa Cari Marsh
    2. Brian Richard Dinday
    3. David C. Garner
    4. Kevin Paul Smith
    4 lawyer answers

    If I read what is happening here correctly, since one roomie couldn't sublet her room, she and the other girl they want to divide the cost of that evenly between all three (presumably to keep the place). I guess the deadbeat feels that since she won't be there, she shouldn't have to pay her full share of the rent. Ain't gonna happen. If they (the other two) try to take your daughter to small claims court, they will lose. This is patently absurd. Each tenant is responsible for 1/3 of the...

    1 person marked this answer as helpful

  10. Can this so called law firm sue me or collect ant debt?

    Answered about 5 years ago.

    1. David C. Garner
    2. Kenneth Lewis Swenson
    2 lawyer answers

    Well, they are probably just puffing to try to get you to bite for a big payment, but if you do owe a large amount of money, this will probably not go away. I would suggest talking with an attorney near you. Most will consult initially for free and they can help guide you.

    1 person marked this answer as helpful