Could someone elaborate on this for me?

Mental Disability / Incompetence: CCP Section 352(a)

Insanity: If plaintiff was “insane” (mentally incompetent) at the time of (or because of) the tortuous wrongdoing, the statute of limitations is suspended (tolled, clock stops) for as long as the mental incompetence continues [Tzolov v. International Jet Leasing, Inc. (1991) 232 Cal.App.3d 117].

For purposes of CCP Section, a plaintiff is "insane" if "incapable of caring for his [or her] property or transacting business or understanding the nature or effects of his [or her] acts...." [Pearl v. Pearl (1918) 177 Cal. 303, 307].

Nathan’s Answer

If someone was say, in a coma after the right to sue accrued, the fact he didn't file a lawsuit in the time limit afforded by the law may be forgiven by the number of days the person was in a coma. These exceptions may not always exist for suits against government.

I just found out that there was a judgement on my name for medical bills. it was from a ex employee for my company .

can i be personally liable for the medical bills.

Nathan’s Answer

Depending on how large the judgment is, you may want to file a motion to vacate judgment.

Domestic violence

charges were filed against my ex boyfriend for domestic violence on me, i recieved a supeona in the mail, i only want him away from me, not in jail or prison for a long time. What do i do from here?

Nathan’s Answer

You would seek a civil restraining order to keep the ex away. Is this his first time dealing with DV charges?

FL-410 Violation of Domestic Violence Restraining order

I need to file a violation of domestic violence restraining order. I was wondering if i need to file anything other than the fl410/police report, in order to get a court date/hearing.

and also how can i have the person served? can i use the sheriffs dept. to do the service or can i do it by registered mail? or other?

Nathan’s Answer

When a DVRO is violated you can call 911, contact the DA to allow them to explore charges, or file a civil contempt action whereby generally the violator can be looking at jail time and fines. However, the last option is the most difficult without attorney assistance.Insist on speaking with the LEAD attorney. You may also want to find out who the attorney of record is if the suit was filed.

TRO/RESTRAING ORDER HEARING

If the petitioner show up to the hearing and tells the judge that they want to dissmiss the TRO but wants the respondent to be ordered to go to domestic violents classes, what will a CA. civil domestic violent judge do? The respondent was never served the TRO papers and is not appearing in court for the hearing. No one was arrested or charged with any crime, just he said she said civil case in CA.

Nathan’s Answer

Judges can enter personal conduct, stay-away and/or attendance at classes (52 week standard) along with other orders. If petitioner shows up at hearing, judge can do any and all of the above, or nothing at all. It is best for respondent to acquire counsel to mediate prior to hearing and/or represent respondent at hearing with respondent present so judge can take a look. Judge may find papers were served even if you as asker have concluded they were not served.

Abuser falsely accused me of DV and obtained TRO w/ move out. He seized ALL MY PROPERTY and is discarding what he doesnt want.

Lived 5yrs w abuser. many calls to police,he was arrested/released 1x. He was jailed on F burglary&upon release, entered into temp. lease w/me. After failing to pay &other viol. was served w 3day pay or q&30 day quit. He left 5 days b/fdeadline but left prop. I sent abandoned prop. not's per ca civil code. He then false acc. Me of throwing pliers at his head by going to P station saying had been at my place. His gf&another fem. witn. On TRO he said he was still in res., on lease&paying rent-all false. I was arres./5 days in jail. He moved himslf&other 2 into my home taking control of 100% my prop. Some items he took to storage giving my father access. My safe had lock removed along w over $2000 cash&other val. Many prop broken or absent How do i answer to get it vacated&damages award?

Nathan’s Answer

Did you not show up at restraining order hearing? If you are a landlord, how did tenant obtain TRO w/ move out against you? You really need to consult with an attorney to figure out a game plan. This way of arrests, abuse and restraining orders is not going to lead to a good outcome in the long term.

Revised topic about being diagnosed with a mental/physical disability.

Wrongfuly diagnosed with a disorder called paranoid schizofrantic. October 27,2014 i checked myself in at UC Davis for a Doctor's opinion on how they thought i was doing mentally. They had me in certain part of the e.r. but switched me to the psychatric area in room c1 that morning on a 51/50 hold. I was given Zyprexa 11/7/2014 around 10:00 am. But prior to that i was aloud things your not supposed to give someone diagnosed with a psychotic disease, for example, a iv placed in arm for 12 days, dvd/vhs player, phone with cord, t.v., plastic fork and knife, well the knife was always, about 2 or 3 times for the fork. But to finish, Zyprexa is what put me in a wheelchair. Around 4pm i was picked up by the paramedics and transferred to a psychiatric facility, Crestwood Psychatric Facility in Carmichael, C.a. i was there on a 51/50 hold for 3 days then put me on a "legal" 52/50 hold for about 7 days to research why UC Davis sent me there. then about another 7 days i stayed for a volunteering hold because they were working on finding a assistant living place for me to go to but didn't go with that plan because UC Davis Hospital sent to the wrong facility and should've sent me to a rehabilitation center when they realized i shouldn't of not been there like they said they would after 3 days of me being there.i wasn't trying to go back to go back to where i was cause i didn't feel safe there/here. But they discharged me so i didn't really have a choice. Left 11/19/2014 on Wednesday.

Nathan’s Answer

I wasn't sure I understood your question. Are you trying to determine if you can be compensated for damages for being wrongfully diagnosed and therefore, in a sense, falsely imprisoned?

We need help filing complaints for fraud in the courts? My caregiver for medical marijuana is discriminated in 2 counties.

We are a group of medical marijuana patients with claims for damages by state or local authorizes for discrimination or harm resulting from legal malpractice, medical malpractice and negligence by law enforcement ,health department, consumer affairs, the medical board.

We need attorneys with personal injury experience, business law, fraud damage recovery.

We need help closing fraudulently sold medical marijuana doctor clinics and have 150 claims.

We need help with injunctions and damage recovery from fraudulent business operators who harm our collective. We seek recovery of special damages in several cases and claims affecting our members and patient group. We where denied a non profit status and need help with refilling the 3rd time. Article 242 depravation of rights complaints.

Nathan’s Answer

Are you looking for legal information?

DUI received right before graduation of RN school.

So my court case is over and we have plead to a 3 year probation and 3 months alcohol program for a DUI back in oct 2014 for a BAC of .15 . I was wondering what steps I should do now for my best chances for applying for my RN license. Should I wait until half my probation is over and set a motion to get probation terminated early and expunged or is there any other options? Please help.

Nathan’s Answer

This happens to more than a few prospective licensees in health, law and other fields. The BAC is high and will require a showing of rehabilitation. You will need to consult with an attorney that will assist you in terminating criminal probation early, as well as helping you set your application in the best light possible to the BRN. The passage of time will be the biggest factor in your case. It goes without saying that alcohol and driving can no longer mix in your life should you desire to be licensed.

My ex-girlfriend dismissed her restraining order against me...

My ex-girlfriend dismissed her restraining order against me and I'm wondering if she can re-file with the same allegations?

There is one incident that occurred that is not in her original pleading, but took place almost five months before her dismissal. Is that grounds to be able to refile?

Lastly, I plan to sue her for money that I loaned her, but am worried of her recriminations. As long as I follow legal means of contact I should be okay with regards to her re-filing.

Thank you for your reply and insight!!

Nathan’s Answer

You need to consult with an attorney who can help you decide if the value of the money is indeed worth the effort of suing or triggering civil action against you. Even if you win a judgment, would you be able to collect?