Archived
What advice can you give me on filing a complaint to the department of insurance based off my specific issue?
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Answered on March 21, 2019
Get an estimate for your property damage. Write a letter to the driver who caused the accident demanding that amount (plus a rental car while your...
In Calif. small claims court can you sue for punitive damages ?
Neil's answer
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Answered on March 21, 2019
A small claims court judge has discretion to award punitive damages, but it almost never happens. Punitive damages are based in part on the net...
Archived
Is an explanation required to amend a motion to quash or a demurrer?
Neil's answer
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Answered on March 19, 2019
Generally, you do not file amended motions or demurrers. If there is sufficient time, you may be able to withdraw a motion or demurrer, and file a...
How long does it take for a insurance check from Hartford to clear in my attorneys trust?
Neil's answer
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Answered on March 18, 2019
If there are no third parties on the check, it should clear the attorney's client trust account a day or two after it was deposited. However,...
Archived
If a judge sustained demurrers filed by the defendants w/o leave to amend, can the case be dismissed w/o prejudice and refiled?
Neil's answer
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Answered on March 18, 2019
Your case is over. You lost. If notice of entry of judgment was filed by the defendant, you would have 60 days to file a notice of appeal. If...
Archived
Can I get my case out of Small Claims as a plaintiff?
Neil's answer
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Answered on March 06, 2019
You cannot transfer a case from small claims to superior court unless you are a defendant. Your choices are (1) go to trial in the small claims...
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Archived
Hi query abt assets declaration in an accident insurance claim
Neil's answer
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Answered on March 06, 2019
It is typical for a claimant to ask for a personal asset declaration as a condition of accepting a policy limit offer that is less than the value...
Archived
Can i still sue?
Neil's answer
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Answered on March 06, 2019
The statute of limitations for personal injury is two years. However, if you were a minor at the time of the accident, you have until two years...
Archived
Is the car accident covered by insurance if policy expired at Midnight?
Neil's answer
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Answered on March 04, 2019
It depends on when the accident happened. My guess is that if you sue the policyholder, the insurance company will defend under a reservation of...
Can I plead both breach of fiduciary duty and fraud?
Neil's answer
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Answered on March 04, 2019
It could be fraud. However, fraud must be alleged with specificity. If you do not, defendant will probably file a demurrer (a motion which...
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