I retained an attorney to represent me in a civil matter where I was the defendant. My attorney repeatedly over-billed me and

nevertheless I paid his bills so as not to affect having non-problematic representation. But then this attorney made unthinkable legal mistakes. The matter ended up with a judgment entered against me. When I tried to hire an appellate attorney to file an appeal, I found out that my previous attorney should had but did not ask for something called statement of decision. Even though there was a court reporter, I was told that oral decision cannot be used to impeach the judgment (Tyler v. Children’s Home Society (1994) 29 Cal.App.4th 511, 551-552).

Do I have the right to sue my previous attorney for malpractice? And if I do, will I have hard time finding an attorney in the future as I might be labeled as a problematic client?

Can an appeal be won without a statement of decision?

Nathan’s Answer

An appellate court may presume that the trial court found all facts necessary to support the judgment. This is the doctrine of "implied findings." In this event, the issue on appeal becomes whether or not the "implied findings" are supported by the evidence.

You can sue anyone for anything, but in the case of legal malpractice, you would have to demonstrate that you would have won had the attorney not made the errors he allegedly made. This is a tall order and why it is advisable to focus on securing an appeals lawyer as soon as possible.

Do keep in mind that as mentioned, parties that appeal suffer a bias in that few judgments are overturned in comparison to those upheld. This is because the appellate court gives deference to trial court judges as arbiters of the legal processes below.

If you unknowingly hire a construction contractor who turns out not to be licensed, are you his employer?

I hired a contractor to build a house.

His cousin is the owner of a contracting company that is licensed and he knows what he is doing.

But the cousin is not around and I heard that he has been out of the country for a while.

My builder is now telling me that he is not licensed although his invoices, permits etc. say that his company is.

I am in middle of the building and I have found this out.

I think that I have some liability that I should not have.

It will be very costly to stop all this building.

Am I now considered his employer?

Nathan’s Answer

You may or may not be the employer, but there is the large issue of invoices, permits, etc. that indicate the builder's company is licensed and that the builder in fact belongs to a company. Why is the company so intent on disclaiming this builder? Why is he using their invoices? You should probably consult with an attorney.

What if a termite inspection is wrong when buying a house? Do I have legal recourse?

I bought the house in April and I have been seeing evidence of termites. The people who did the inspection said there was no evidence of termites. I have had 2 people come out to the house that have said that is gross negligence and that the termite damage that is there is active and there is no way it's less than 6 months old. I have contacted the company that did the inspection and at first they said that they didn't find any damage so they didn't do work on the house therefore there was no warranty. Then when I found documents they had sent to the owner saying they will guarantee 2 year warranty they admitted it. They are coming by the house on Monday? Does a termite inspector have to report even historical damage when inspecting a house? What is my best recourse?

Nathan’s Answer

If this matter is not resolved by the threat and perhaps addition of filing a complaint with the government, it may be helpful to also assess the contract between you and the termite inspection company for any recourse limitations. You may have signed a document that establishes that arbitration for example, will be the method in which any controversy will be resolved.

Review this with an attorney if there are any questions.

Can Statute of limitations be indefinitely extended if granted by a Claims Review Unit ? As ERISA requires appeal prior to suit

was preparing appeal with claims review unit several years ago & prior to deadline to submit it to them, I wrote & informed them of serious health problems, (including 2-heart attacks & my Doctor told me over stress of appeal) and told them I would not be-able to provide the appeal by the time they provided. I then received this written reply. In your letter you state that your appeal "cannot be fully prepared & provided by your stated deadline in your above referenced letter..." Please note that we're not concerned with the timing of your appeal. Please take the time you believe necessary & then submit your appeal to the Claims Review Unit. To me seems like a Court would agree they waived the Statute of Limitation? They now granted appeal but limiting issues I think all be include

Nathan’s Answer

The language can be read with different interpretations. On one hand, "we're not concerned" may mean they're waiving it. On the other, it may mean "we have nothing to do with that determination."

Again, on one hand, "take the time you believe necessary" may mean they're waiving it. On the other hand, it may mean, "do what you want, it has nothing to do with us."

A consultation with a qualified attorney should help sort this out but no predictions can be made as a court may, with the limited information given above, go one way or another.

Neighbor gave me their dog they could no longer care for it, along w/ medical records, licensing, spay cert. now they want her !

Once I groomed her and had her medically treated for skin allergies, they want her back, they have made no changes in their schedule and the dog would be back to square one! She seems happy in her new home w/ other dogs to play with, and can be in side when weather is wet, cold or hot ! Do I have to return her ????

Nathan’s Answer

Was the dog delivered to you? Did they intend to give you the dog as a gift? Did you accept? Was the dog given to you upon condition that you perform a service or deliver a good? If not, and the first three questions can be answered with a yes, chances are good that such a gift is irrevocable, meaning they can't take the dog back.

Of course, this is not legal advice and you may not rely on it unless you have consulted with an attorney who can be told and understand all the facts of your matter and give you reasoned advice based off your specific facts, any one of which, upon being understood more deeply, could change the result.

Can a Doctor bill you monthly for the deductible balance even if you don't have future appointments? Can this be legal??

My Doctor bills me for the balance on my yearly co-pay even if I don't have appointments pending.

Is this legal???

Nathan’s Answer

Please request a copy of the policy so that you can review the contract language behind copays for appointments and deductibles for labs, surgeries, etc. If you notice a discrepancy, you may want to resolve the matter informally, or obtain the services of an attorney.

Consulting attorney to help request medical bill to be waived due to low/no income?

Hi,

I recently had a trip to the ER, and although I do have health insurance, my plan's deductible is fairly high so I am responsible for the bulk of the medical bills. (~$5000)

I was a student last year and did not earn any income. I have asked the hospital to waive or reduce the bill but they say they are not able to. Is it worthwhile to consult an attorney about having the bill waived/reduced if I can prove low to no-income in the previous year?

Nathan’s Answer

It is. Hospitals provide medical services on varying market value prices. A hospital with a fountain on the second level, greeting you as you make your way up an escalator, and that serves slices of birthday cake by order of a doctor will charge more for an MRI than a community hospital. (Same machine, same service)

As a result, an enterprising attorney may be able to charge you a reasonable fee to negotiate directly with the insurance entity and make them realize it'll cost them more to pursue the $5,000 than to waive or reduce it.

Got 3 day notice to pay past rent on 10/04 & prperty is going up for auction today 10/07 cani still get eevicted?

We owe 1,225.00 for past 3 months rent & are former onsite property manager's so landlord told new property mngr to work with us cuz he didn't wanna lose us. My fiance is waiting for disability for hernia operation to come thru.

We got notices that the property is up 4 auction on 10/7 can we still get evicted by original owner if sold @ auction2 sumone else?

Nathan’s Answer

I am sorry to hear of your predicament. The landlord appears to be willing to work with you. Theoretically, nothing is to stop the landlord from filing an eviction if the 3 day notice is not complied with. If you received notice on 10/4, the 3 days would be counted from the day after the notice is served and if the last day falls on a weekend or holiday, you would have until the next day. The last day appears to be today which would mean the landlord could file for eviction tomorrow. But if ownership has changed, that would seem to be a futile exercise. Even if the notice is served incorrectly, or is incorrect in form, again, there is nothing to prevent the landlord for filing unlawful detainer proceedings against you. But it may be unlikely considering the property is up for auction, and ownership and/or landlord may change. The new owner would be able to assume any lease you have, and proceed where the former owner left off, especially if the same landlord or management company is used. You may want to consider seeking attorney representation to monitor and negotiate with the current landlord (if they remain) and/or new owner or management.

The ALJ at my hearing denied my witness to give any testimony at my hearing. He didn't even allow her entry

My employer was able to bring an HR consultant into the hearing but the judge wouldn't even allow my witness to come in and give testimony. Is this common and is it my right to have a witness ? The employer did not object to her being there but the judge said she didn't have any info that he needed.is this common ? Legal?

Nathan’s Answer

Under Government Code Section 11511.5(b)(4), 11513(f), the ALJ has discretion to limit the number of witnesses. If the ALJ does not hear additional witnesses that COULD be a denial of due process IF the party can establish they were prejudiced by the denial. The administrative record should have a showing by counsel (or you if self-represented) as to why prejudice exists, if you wish to appeal the decision because again, the ALJ has discretion, and may disagree that prejudice exists by refraining to invite a witness of yours to the stand.

I would like to sue a particular state.

I would like to sue the state of AK. I have been discriminated against since. I have been in the state. I was kicked out from a library for 30 days. For someone indirectly speaking at me. I responded and I was told to return in 30 days. I was kicked out from a barnes n nobles for sleeping. I was kicked off a store property for using an outside outlet jack. I was told someone saw me breaking into their car. Which was a pretense issue. I had mail that was not delivered to an address. For reasons the claim they do not deliver mail to addresses with unknown names.

Nathan’s Answer

Suing a state entity for discrimination will require that state actors discriminated against you. A library may or may not be a government entity that qualifies. Private entities such as retail bookstores can be sued in civil court if they have violated your rights but the burden is on you to prove they violated the law. Mail is usually a federal, not state issue, so you may want to contact the postal office to file a grievance or complaint.