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
In cross examination from the defense attorney, is that sometimes painful for the victim? Is it invasive, or do defense attorneys not go there for fear of alienating the jury?
It’s depends on the case and the style of the defense attorney. We must respect that a criminal defense attorney has a duty to be a zealous advocate for the accused, and that the accused is presumed innocent. Still, it is very traumatic for a victim to be confronted by… CONTINUE
Economic Damages and Non-economic Damages
Economic Damages are damages to one’s pocketbook, and non-economic damages are damages to one’s heart and psyche. Economic damages are items such as the cost of medical care, medication, physical therapy, psychotherapy, lost income, lost earning capacity, and loss of household services. Non-economic damages are intangible items such as sadness,… CONTINUE
How Does a Domestic Violence Lawsuit Differ from A Criminal Domestic Violence Case?
There are some important distinctions here. First, in a civil domestic violence case, the victim is a real party (plaintiff) in the case. In a criminal case, the plaintiff is not the alleged victim, it is the People of the State of California. This distinction is important. It means that… CONTINUE
Does California Penal Code 399 apply to people who are subject to those cases where you sue for punitive damages, such as people who have dogs that have bitten multiple times?
Yes. The words “dangerous animal” do have a legal connotation. “Dangerous animal” normally implies that the animal has a known dangerous propensity; either because it is wild in nature, or because it has a history of vicious behavior.
- « Previous Page
- 1
- …
- 5
- 6
- 7
- 8
- 9
- …
- 17
- Next Page »