My step brother was hit and ran over by a vehicle on 9/19/2016. He passed on 10/13/2016. He was 57yrs old, had no children, no spouse and my step father (his father) is deceased also. My step brother had no insurance and we (the family) need help ...
No, your mother cannot file suit "against the driver's insurance." However, you mother may be able to file suit against the driver. Unfortunately, being "very active" is insufficient to confer standing under the wrongful death statute. Your mother could, however, seek appointment as personal representative and file suit against the driver after appointment. I highly recommend your mother, or another adult family member, consult a personal injury and probate attorney.See question
This account was never sold its the original debt collector. Ive also sent validation letters to all three credit Bureau's and they come back verified but with know information on how the debt was verified. What should be my next step?
Your question is not clear. You state you never received a response, but then state you sent validation letters and "they came back verified." If so, that is all that is required. There is no requirement to inform you "how the debt was verified." This negative will eventually fall of your account. You have another 2-3 years.See question
I had a 3 day notice to pay or quit posted on my apt door and was told by my building manager that it was prepared and served by a lawyer but nowhere on the notice is any info about a lawyer. It does not have a lawyers name, address, telephone num...
"Would a lawyer create or prepare a 3 day notice to pay or quit without putting their information on the notice?" -- Yes. In fact, I would be surprised if a lawyer was identified in a 3-day notice. Your understanding is incorrect. There is no general requirement that a lawyer that prepares a document be identified on the document.See question
We are currently in trial in Los Angeles. Opposing counsel has not provided a 3-ring binder of their exhibits to us, only to the court. They did provide PDF copies to us 1 day before the FSC. The department rules state they are to provide 3 sets ...
You are not entitled to a "binder" of exhibits. You are entitled to a copy of exhibits that may be introduced. I assume the PDF copy was marked as required. If so, simply print it out and you will have your copy.See question
I live in california and received a letter that my judgement has been renewed after ten years, can i file to vacate? how much will it cost me? and how do i go about that,what are my chances of winning?
As long as the judgment was initially valid, you have no chance of winning on a motion to vacate unless the judgment has been satisfied in whole or part.
If you have satisfied the judgment, you should file a motion to vacate. Costs will vary and depend on whether the motion is defended and facts. Fees and costs will run in the thousands of dollars.See question
Rear ended 2011 , no medical coverage, major surgery , went to trial lost due to improper jury instruction hired an appeals attorney he sent in appeal paperwork unsigned , now I am being told all medical providers , defense costs and what my attor...
Answers? If you are sued, you will be able to answer each lawsuit. You may have SOL defenses.
"Unsigned" appellate paperwork should not result in dismissal of your appeal since that error is easily corrected.
You are personally obligated for payment of all medical services rendered to you at your request, or in an emergency. You are also responsible for all costs of litigation and, provided the loan your attorney made to you is in writing and made after you employed your attorney, for the loan too.
It’s time to consult an attorney to review the facts and provide advice consistent with them.See question
Is there any provision in the federal statutes or case law which provides for the appointment of a penury plaintiff's attorney by the court in a federal district court action for cancellation of instruments?
No, the court will not appoint an attorney for you. Depending on your facts and circumstances, there are organizations which may be willing to help pro bono. You will find links to some of these organizations here:
"Self-Help and Pro Bono Legal Services in Los Angeles" at https://mrdaymude.com/practice-areas/self-help-and-pro-bono-legal-services-in-los-angeles.
Hello, I'm a Realtor (Agent) and I had a deal in escrow with a scam artist of a buyer. Her earnest money check bounced and the wire transfer for the remaining amount never happened. I sent out the cancellation form to my client for him to sig...
As the saying goes, you can sue a ham sandwich. However, can you prevail? No. You are not a party to the contract or even a third party beneficiary. The deal could have fallen through for any number of reasons. Escrow fixed its mistake. Your biggest problem would be proving damages. Speculative damages are not recoverable.See question
I am reading in civil code 340.9 that legal malpractice WITHOUT fraud is 1 to 4 years. Do you know what it is if it does include fraud on the part of a lawyer against his client? It would be for both breaking an oral contract and for fraud. On ano...
I assume you you mistyped. The SOL is contained in the Code of Civil Procedure 340.6. Re-read it.
If legal services were to be greater than $1,000 or if contingent, you should have had a written contract. The SOL for fraud is three-years. See Code of Civil Procedure section 338, subdivision (d). It does not begin to run until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake. (Sun'n Sand, Inc. v. United California Bank (1978) 21 Cal.3d 671, 701.)
On 9 Nov 2015,I lent a business acquaintance,whom I have known 30 years, $15,000 in response to an urgent situation.I was given an unsecured primissory note from the borrower but with no terms and conditions but soley the promise to repay the loan...
You should file in Superior Court, limited jurisdiction, in Simi Valley Courthouse. Check the court's website for any special filing requirements that are county specific.See question