Archived
I was in a car accident with a drunk driver, he has insurance but my insurance company wants to handle, should I get an attorney
Alan's answer
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Answered on November 15, 2014
If you were injured, contact an experienced personal attorney immediately. You want someone playing quarterback with all the moving parts here so...
Archived
Was in a car accident--police were involved, but said they wouldn't file a report. Is that normal?
Alan's answer
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Answered on November 15, 2014
This is becoming more and more common as police department budgets are cut. Officers are overextended, and the first thing they're going to...
Archived
Is it mandatory that a court use the atty hourly rate/fee to prepare a motion as a measure of sanctions under the CCP?
Alan's answer
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Answered on November 15, 2014
The court has broad discretion to decide whether the number of hours spent by counsel on a motion is reasonable. You can certainly challenge the...
Who can i talk to about attorney discussing case in public ..
Alan's answer
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Answered on November 15, 2014
Lawyers discuss cases with other lawyers all the time. It is only a violation of the attorney-client privilege if confidential client...
Archived
Discovery : How many questions?
Alan's answer
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Answered on November 14, 2014
CCP 2030.030(b): "Except as provided in Section 2030.070, no party shall, as a matter of right, propound to any other party more than 35 specially...
Archived
Can 3rd party plaintiff collect a civil court judgment from an INSURANCE COMPANY who represented a negligent drunk driver?
Alan's answer
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Answered on November 14, 2014
Your question is confusing at best. But insurance companies do not represent their insured drivers, and they have no duties to third parties. So...
Archived
When retaining a lawyer for an auto insurance claim for auto accident
Alan's answer
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Answered on November 14, 2014
You can fire your lawyer at any time for any reason or no reason at all. Be sure to put it in writing and send it by fax, email, certified mail,...
Archived
Suing homeowners insurer in small claims. Can I sue for property damages $2 and property loss $10K with two separate suites?
Alan's answer
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Answered on November 14, 2014
No, you can't split a cause of action. You need to consult with an attorney who handles insurance bad faith actions before you go any further.
Archived
I am sued and I got to trial and lose. If the Plaintiff e finds new damages that he couldn't discover earlier, can he sue again
Alan's answer
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Answered on November 14, 2014
No. Once a trial is over, the Plaintiff's claims reduced to judgment. Further claims on the same causes of action are barred by the doctrine of res...
Archived
Combating a Demurrer
Alan's answer
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Answered on November 14, 2014
Treat the demurrer as an opportunity to refine your complaint. You may amend that pleading once as a matter of right (that is, without leave of...
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