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David William Ginn

David Ginn’s Answers

260 total


  • Does a shaky complaint encumber a solid motion for default if the complaint is left unaddressed by the defendant?

    Let's assume a complaint is properly served and admitted but poorly written, such that the defendant may have the opportunity question the integrity of the complaint based on failure to state a claim. However defendant fails to respond and court a...

    David’s Answer

    The implication from your question is that you are contemplating not responding to a complaint that has been served on you, based on your assessment that the complaint fails to state a claim. This is a very risky strategy that is unlikely to benefit you, even if a court agrees with your assessment and dismisses the complaint. I recommend that you consult with a lawyer immediately as to your potential exposure if you do not respond to the complaint.

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  • We filed stop notice on public works project July 18, 2014. What is the time frame in which we have to file complaint in court?

    We filed three stop notice July 18 2014 on three public works project. One NOC was filed June 24, 2014. Sept 2014 and third in 2015, but we were never given formal notice on all three projects of NOC filing. Bond company denied payment Oct. 2014...

    David’s Answer

    Under Civil Code 8610, payment bond claims need to be filed within six months from the date of completion of the work of improvement. There may also be requirements for service of a preliminary notice that may affect your ability to enforce your bond claim. I suggest you meet with an attorney who is familiar with construction claims to advise you concerning your next steps. Do not delay on this.

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  • Can I file another lien if it is in fact no good? Do I write to the owners and explain to them what transpired? Go to CSLB?

    I worked as a contractor on a home in Yorba Linda, Orange County California. I worked under another contractor who was encharged by the homeowner to do remodeling on a home. The contractor led me on about the final payments but pleaded with me to ...

    David’s Answer

    If you did not provide a Preliminary Notice in 20 days, and you worked as a subcontractor on a residential project, your lien is unlikely to be enforceable, unless you have a direct contract with the owner or can demonstrate that you worked as an employee for the contractor. You still have the right to file a lawsuit against the prime contractor for breach of contract. Considering the amount, this is something you can do in small claims court. In addition, you can also file a complaint with the CSLB and make a claim on the contractor's license bond.

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  • I attempted to voice a concern to my H.O.A. and have been slapped with a harassment letter from their lawyers. What should I do?

    My H.O.A. website gives contact information to direct concerns and complaints; I called the numbers and left a message for my H.O.A. representative; the rep didn't get back to me in a timely manner so I called again and told me to email the compla...

    David’s Answer

    Non-defamatory statements made to a Homeowners Association by a member of the Association are generally considered to be speech that is protected by the First Amendment. If you were to be sued by the Homeowners Association for making non-defamatory statements, you might be able to have the lawsuit dismissed under the anti-SLAPP laws. It is probably a good idea for you to consult with an attorney to get an assessment of your legal position before engaging in any further communications with the Homeowners Association.

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  • Are public entities exempt from paying filing fees for civil cases?

    are public entities exempt from paying filing fees for civil cases?

    David’s Answer

    The prior posts are correct concerning the exemption given to public entities for payment of filing fees.

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  • Fired a unlicensed contractor and had no contract

    I hired an unlicensed contractor and after a few days of them working it was apparent that he was no contractor at all..So I fired him and tossed them out of my house,, I had given them a check for 1000.00 and put a stop pmt on that check... ...

    David’s Answer

    An unlicensed contractor does not have the ability to claim compensation. You may consider contacting the Contractors State License Board and filing a complaint against the unlicensed contractor. If you were to be sued for the performance of unlicensed construction work, the contractor would have the obligation to prove that he is licensed. In the absence of such proof, the contractor cannot claim the right to payment. I suggest you contact a local construction lawyer or my office to assist you in understanding your rights and remedies.

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  • I have the Judges Oath and want to know how to REDEEM HIS PERFORMANCE BOND CASH VALUE? what SPECIFIC form do i need? who to call

    who do you need to contact to redeem Cash Value of a Judges Performance Bond? what specific forms do you need to Redeem the Cash Value of the Judges Performance Bond? and how to have the Judge incarcerated for Malpractice, False Swearing, and Brea...

    David’s Answer

    • Selected as best answer

    I agree with the prior post. It appears that you are mixing up a lot of different ideas. Judges don't have performance bonds. If you have a complaint about a state court judge, you file a complaint with the State Commission on Judicial Performance. Because Judges do not take on clients, they cannot be sued for malpractice. Judges do not, as a rule, testify in court, so they are not considered liable for perjury, which is what I think you mean by the term "false swearing." Judges can enter into contracts, but their contracts are not usually associated with their roles as judges, as those kinds of contracts are usually handled through the local courts, not the individual judges. The Eleventh Amendment to the United States Constitution is unlikely to have anything to do with a complaint you have against a judge, as that deals generally with the issue of state versus federal jurisdiction. If you have a complaint about how a judge handled your case, I suggest you consult with an attorney to help you understand what kinds of remedies are available to you. There is a very limited time to appeal or challenge a judge's ruling, so I suggest you contact a lawyer immediately.

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  • I do not know which kind of attorney to hire to help me fill out a quick claim deed.

    I am trying to find someone who can help my ex-wife and I fill out a quick claim deed. This is the first time we are filling out a form like this and need some help understanding it and making sure we are doing everything correctly as to not caus...

    David’s Answer

    I think you are referring to a "quit claim" deed. The kind of lawyer you need is a real estate lawyer. The San Diego County Bar Association has a lawyer referral service that can help you find a lawyer meeting your needs. The link is below.

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  • Will a Land Trust block a foreclosure?

    Vietnamese in Berkeley has NOD filed to foreclose on her 650K home . BofA/MONY are foreclosing on 314K second. Lady owed 14K on the second .

    David’s Answer

    A "land trust" will have no effect upon an otherwise valid foreclosure. There appears to be a great deal of misinformation concerning the use of a "land trust" to protect oneself from various claims. Watch out for scam artists who use "land trusts" as a remedy for all kinds of problems.

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  • What is the statue of limitations with the SOB in CA?Please

    Would really like an answer on this topic.They just contacted me after 12 yrs!

    David’s Answer

    I agree with the prior post. Without a description of the type of claim or the specific name of the agency, board, or other entity, it is impossible to determine what time limitations there may be on asserting claims.

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