CAN AN UNDOCUMENTED IMMIGRANT FILE A PERSONAL INJURY LAWSUIT IN CALIFORNIA? Yes! In California, undocumented immigrants have the same rights as anyone else to file a personal injury lawsuit. Defendants and their insurance companies have long tried to deter such lawsuits and minimize their outcomes by seeking admissibility of the… CONTINUE
Archives for 2017
Beware the Insurance Company Three D’s: Delay, Deny, Defend
Delay, Deny, Defend Puts Profits Over People Endless forms, arbitrary rules and a sea of fine print discourage claims. If you’ve ever had to file an insurance claim, you know the frustration that seems baked right into the maze of endless forms and confusing small print. Companies that once lived… CONTINUE
How does a victim of domestic violence communicate private, possibly embarrassing experiences and events to her lawyer?
This is where the attorney-client relationship is absolutely critical. I spend as much time as I can with my clients discussing the domestic violence incident itself, but also all of the dynamics surrounding the incident and her relationship with the perpetrator. If a person does not feel entirely comfortable speaking… CONTINUE
Sources of Evidence in a Domestic Violence or Sexual Assault Case
My sources of evidence in a domestic violence cases include police investigation materials, prior convictions of the perpetrator, medical records, psychotherapy records, photographs, eye witnesses, and even the defendant’s friends, relatives, children, and prior victims. I look for prior lawsuits, restraining orders involving the perpetrator, witnesses in the perpetrator’s workplace,… CONTINUE
Brain Boosters a Gold Mine for Supplements Industry But Benefits Are Hotly Disputed
A few years ago, motivated by a family history of dementia, Bea Pena-Reames began using a dietary supplement that promised improved memory and brain health. It was advertised as safe and effective – but that was not her experience. “I’m typically a joyful person, but I couldn’t shake this depression… CONTINUE
The domestic violence victim’s right to the police report
California Family Code Section 6228* entitles the domestic violence victim to the police report. She should always ask for one and seek a confidential consultation with a civil attorney who handles civil domestic violence cases. California Family Code Section 6228 (a) State and local law enforcement agencies shall provide, without charging… CONTINUE
Developing evidence in a sexual assault or domestic violence case
We use discovery techniques including interrogatories, requests for admissions, demands for production of documents, and depositions regarding a sexual assault. All of these techniques of discovery are meant to obtain strong evidence from the defense under oath. Preparing for the victim’s deposition The victims can be deposed for up to… CONTINUE
When is the best time to file a domestic violence civil lawsuit? What is the statute of limitations?
Domestic violence civil lawsuit under the California Code of Civil Procedure, Section 340.15, must be filed within 3 years of the most recent incident of domestic violence. 3 years is more generous than the time one has to file an ordinary personal injury case such as a case arising out… CONTINUE
Can I bring a civil case for domestic violence or sexual assault if there is no criminal case?
Absolutely! You can bring a civil case for domestic violence or sexual assault if there is no criminal case. Our firm has received large settlements and jury awards in cases where the police were never involved and in cases where there may have been an arrest, but no criminal prosecution,… CONTINUE
Dog Bite: Criminal Acts and Homeowner’s Policies
Most homeowners’ policies specifically exclude criminal acts and intentional acts. So, the insurance company would likely assert that it is not responsible. Whether the insurance company prevails in that situation would really depend on the facts of the case. For example, if the insurance company insures your Rottweiler and it… CONTINUE