October 22nd, 2010
The San Diego construction industry has been hit hard by the current recession and the fragile California economy. According to the National Association of Home Builders, the construction industry lost 7,000 jobs statewide from July to August. While the statistics paint a picture of the staggering losses that have been sustained by the industry as a whole, there are also a shocking number of industry workers who have not been paid for work performed. Whether because an owner abandoned a project, or a developer defaulted, even the most reputable and seasoned contractors can find themselves in a position where they must take legal steps to get paid for work performed.
What is a Mechanic’s Lien?
A mechanic’s lien is a hold against a property that is recorded at the County Recorder’s Office by a contractor, subcontractor, or supplier who has not been paid for work performed. Ultimately, it can result in a foreclosure action and even prevent the refinancing or sale of a property until the lien is satisfied. Consequently, the complicated procedures, filing deadlines, and statutory notice requirements of a mechanic’s lien must be followed without mistakes for a lien to be effective. Read the rest of this entry »
Posted in Construction, Lawsuits
September 10th, 2010
When an individual or community is injured by a harmful or deadly substance, they have the right to sue whomever caused the exposure. An example would be the recent high- profile cases involving lawsuits filed by homeowners against the builders and manufacturers of homes built with defective drywall whose chemicals caused injuries to the homeowners. These cases are complicated, and can involve expensive and time-consuming investigations and difficulty proving how the toxic substance caused health problems for the persons exposed. As a result, it can be quite difficult for California tenants, homeowners, employees, and building occupants to try to recover money for personal injuries caused by exposure to substances such as toxic mold.
Proving Causation in a California Mold Injury Claim
In mold claims in California a person must prove causation in two steps. First, a person must show that mold exposure can cause a physical illness. Second, a person must show that the exposure did cause their particular illness. A recent California case demonstrates just how important it is to make a causal link between illness and exposure when suing to recover money for personal injuries.
Consider the Case of Dee v. PCS Property Management
In the case of Dee v. PCS Property Management, Darcee Dee lived in an apartment for slightly over four months. She sued her landlord and the property management company for physical injuries from being exposed to toxic mold. The experts in the case argued that Dee’s exposure to mold caused her symptoms, but did not present any evidence that she was exposed to the harmful toxin at her apartment. In the end, Dee’s claims were rejected by a jury and she got nothing.
It is clear that bringing or defending a mold claim in California requires the testimony of experts that show or rebut a causal connection. It you are in either situation you need a legal team that understands the complexity of mold lawsuits in California. The attorneys at San Diego Law Firm can help with this unique type of claim. Please call us at (619) 794-0243.
Posted in Accidents & Injuries, Lawsuits
August 20th, 2010
The horrific experience of La Rosa Carrington recently made national headlines. Ms. Carrington’s health insurance carrier threatened to cut off her health insurance coverage while she was going through chemotherapy for leukemia. The reason was not that Ms. Carrington had not paid her health insurance premiums; she had in fact paid, but her insurance carrier had erroneously determined that her payment was 1 cent short. Fortunately for Ms. Carrington, her insurance carrier ultimately found that she had paid the correct amount and stopped their threats to end her coverage. But what if they hadn’t sufficiently investigated and had actually ended her coverage? What if Ms. Carrington was left to try to find new insurance coverage while seriously ill and receiving expensive treatment? The result could have been a bad faith insurance lawsuit. Read the rest of this entry »
Posted in Accidents & Injuries, Insurance Bad Faith
June 21st, 2010
Help for California Identity Theft Victims
Under section 530.5 of the California Penal Code the definition of “Identity Theft” is taking another’s personal information and using it for an unlawful purpose. Such unlawful purposes include things like taking funds out of bank or financial accounts or opening credit accounts or taking out student loans in the victim’s name. However, the worst type of identity theft occurs when an unauthorized person takes over a victim’s identity altogether by running up huge debt and committing crimes while using the victim’s name. In such a dire situation, the damages extend to out-of-pocket financial losses, in addition to the losses incurred in working to restore a reputation and correcting erroneous information. Plus there are immediate and long-term consequences of not being able to obtain money for things like education costs or personal loans. Working your way out of the mess caused by someone taking your information and using it for an unlawful purpose will take time and a certain amount of vigilance on your and your attorney’s part.
Are There Laws Designed to Protect Against Identity Theft?
In the United States, the Department of Justice is responsible for prosecuting identity theft and fraud cases. In the fall of 1998 Congress passed the Identity Theft Assumption and Deterrence Act. Under this Act, knowingly transferring or using the identification of another person with the intent to commit an unlawful activity is a violation of Federal law. Under this Federal law a person can be imprisoned for up to 15 years and suffer other ramifications, such as fines and forfeiture of property.
Does California Have Laws That Protect Victims of Identity Theft?
If you are a victim of identity theft in California you have certain rights. There are laws in the California Penal and Civil Codes that define identity theft as a crime, impose punishment, and provide remedies. Your rights as an identity theft victim are numerous. For example, as an identity theft victim, you have the right get copies of documents relating to fraudulent transactions or accounts created using your information and to have information resulting from identity theft removed from your credit reporting agency files.
Civil Remedies Available under California Law for Identity Theft Victims
As a victim of identity theft, there are a number of civil remedies available to help you counter the negative impact of someone using your identity for an unlawful purpose. For example, under section 1798.93 of the California Civil Code a victim of identity theft can bring a lawsuit against those who make a mistaken claim against the victim. The remedies allowed under California law can include a court declaration that the victim is not obligated to pay the claim, or an injunction to stop attempts to collect the claim, compensation for the victim’s actual losses, and possible civil penalties up to $30,000.00.
Why You Need Help Restoring Your Reputation, Credit, and Name
The case of identity theft that served as the catalyst for the Federal government to create the Identity Theft and Assumption Deterrent Act involved a victim that spent more than four years and more than $15,000 of their own money to restore their credit and reputation. In that case the criminal incurred more than $100,000 of credit card debt, obtained a federal home loan, bought homes, motorcycles, and handguns in the victim’s name, and filed bankruptcy in the victim’s name.
Moving forward in your personal and financial life when such damage has been caused to your financial history and personal reputation will take time, vigilance, and patience. In addition to taking steps such as calling creditors, obtaining police reports, and writing to credit bureaus, there are specific steps that to be taken that will require the expertise of someone who knows how to write persuasively, negotiate well, and serve as an advocate for identity theft victims. A common example is the step of creating an identity theft affidavit. This “Federal Trade Commission’s ID Theft Affidavit” is accepted by credit bureaus and by creditors. It is a tool that can be invaluable in helping to clear your name.
The attorneys at San Diego Law Firm understand what it takes to negotiate with creditors, interact with local and federal prosecuting agencies, and handle the very time- consuming aspects of correcting information for identity theft victims. If you are an indentify theft victim and would like a consultation, you can reach San Diego Law Firm at 619-794-0243. We can help clear your name and restore your reputation.
Posted in Identity Theft
May 14th, 2010
California is home to many big money settlements and verdicts. But if you’re filing a lawsuit, you may need to ask the court for something besides money. Depending on your situation and the problem you face, there are many different things that a court can potentially order. One example is an “injunction.”
An injunction is a court order that requires someone to either do or not do something. For example, if your inheritance rights are in jeopardy because of something a personal representative is about to do, then you might be able to ask for an injunction to prevent the transaction. Read the rest of this entry »
Posted in Injunction, Lawsuits, Trial
April 22nd, 2010
Say what you will about the number of lawsuits filed in California, but the truth is that lawsuits are one important reason why many manufacturers have put more effort into making the products that we use in our everyday lives safer. But with so many products on the market, all too often consumers are still injured by dangerous products.
Many unsafe products make it onto the market and into consumers’ homes, only to cause serious and even fatal injuries. Sometimes manufacturers and sellers don’t do enough to ensure safety because they don’t want to cut into profits or delay sale of the product. Read the rest of this entry »
Posted in Accidents & Injuries, Lawsuits
March 12th, 2010
If you’re involved in a dispute that goes to court, then the odds are that your case will be started in a California Superior Court instead of a federal court, but do you know why? It all begins with the U.S. Constitution, which set up a national government and state governments. This division of power is called “federalism,” and it gives states control over many local issues.
The federal and state governments then create laws to carry out their separate powers. States can create laws that cover a broad range of subjects, but have to stay within the limits of state power. The national government’s law making power is even more limited, because the Constitution outlines the specific areas that federal law can address. Read the rest of this entry »
Posted in Current Events, Lawsuits
February 9th, 2010
You hear a lot about eleventh-hour settlements reached just before a jury delivers its verdict, and about lawyers’ courtroom arguments and questioning of witnesses, but what about the many different stages and preparation that a lawsuit goes through long before a California trial is begun? If you’re a prospective plaintiff or defendant, you can be spared the specifics of California procedures and local San Diego court rules governing lawsuits since that will be handled by your attorney, but you should know what you can generally expect to happen as your case moves forward. Every case will be different and vary in complexity, and there can be overlap in the stages a lawsuit will go through as it progresses. Despite the differences, it’s no surprise that the beginnings of a lawsuit are always the same: something went wrong. This could have been virtually anything. You may have been in a car accident and suffered a personal injury, the business you dealt with may have breached a contract, or your business may be accused of violating the ADA and California disability laws, and so on. At some point, the problem at hand could turn into a legal dispute, and at this stage it’s essential to hire an experienced lawyer to evaluate potential liability, negotiate, and advise you on what you can reasonably expect. If a fair settlement isn’t reached, then a lawsuit will be filed, but this doesn’t mean that negotiations are over, as attempts to settle will probably continue well after any trial begins in a San Diego superior court. Read the rest of this entry »
Posted in Accidents & Injuries, ADA Compliance, Business Disputes, Lawsuits, Real Estate Disputes, Statute of Limitation, Trial
January 8th, 2010
Even if you lost a case in San Diego Superior Court or other California court, all may not be over yet. If you want to challenge the verdict or order, you could have good reason to appeal. An appeal isn’t quite a “second bite at the apple” because California law limits what an appeals court can do when reviewing the decision in your trial, but it still gives you the opportunity that you may need to reverse a defeat in your lawsuit. In most instances, an appeal won’t be a brand new trial where you get to question new witnesses and put new issues on the table. This is because generally the court of appeal can only look at the record of evidence that was submitted during the trial, meaning you’re prevented from introducing any new evidence or bringing up issues that weren’t raised at trial. Read the rest of this entry »
Posted in Appeals, Lawsuits, Trial
December 8th, 2009
You may have been expecting it, or it may have caught you by surprise, but finding out that you or your San Diego business is being sued is never welcome news. You probably received a letter from the other party’s lawyer first, demanding compensation or other action, or the plaintiff may have headed straight to the courthouse and filed the complaint with which you’ve now been served. No matter what the lawsuit is about – a car accident resulting in personal injury, a dispute between neighbors or businesses, or otherwise – be sure to avoid any impulse to ignore those unwanted papers for the next few days (or longer). If you try to pretend the lawsuit never happened, you could be making things much worse for yourself by delaying. Read the rest of this entry »
Posted in Lawsuits
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