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Everything posted by Tug_Kitten

  1. pg1067, I checked my paperwork and our insurance carrier sent us a letter saying that they would be doing an arbitration with the other insurance company to come to an agreement on fault. Our adjuster told us that the finding was 60/40 but he was curious to see if the other company would hold to that. Our insurance did pay us for the medical bills, but we have it as part of our policy that the medical payments are to be reimbursed to them upon settlement of the claim. So, right now we are looking at paying back our insurance company with the settlement offer plus another $200.00 and coming away with nothing for pain & suffering, etc. It just didn't make sense to me because I had also been in an accident before and had the same basic medical issues (neck, shoulder pain, went to physical therapy) and there is about a $12,000.00 difference in the settlement offers. I understand that the arbitration found fault of 60/40 and my accident was 100% the other parties fault so that would make a difference, but just doesn't seem like it would be that much. I don't know injury law though, so I may be totally wrong. I do, however, know that I don't want to try to get a lawyer that would cost a lot of additional money if it's not worth trying for.
  2. Fallen, I appreciate your explanations and I apologize for being emotional and my misinterpretations. Really the simple things are what I wanted to know. My interpretation from your statement is that it seems as though this form or letter is not something that I can go to the court and file, is that correct? Being that what I have seems to be the letter that GuessAgain referred to (a typed cover page with handwritten supporting information and similar cases) I'm wondering if that is okay to file for him? I realize that I cannot be a legal representative for my husband, but that is why I wanted to know if this is something that a lawyer has to file or not. His lawyer did not come right out and say he didn't have time to help, he was just very short in saying my husband or I could file it and he didn't think it was legal. When I asked for why he thought that he did not respond. As for my husband talking to the lawyer directly, he does not have access to phones and letters are taking quite a while to get back and forth so it just seemed quicker for me to try to handle it then him wait weeks to get an answer from the lawyer directly to him.
  3. Fallen, I have to say I was a little offended by your reply. I don't know if you're married or not, but a marriage is a partnership and I don't feel my husband is asking too much of me to help him get this request filed and it's not about me or him it is "we". It's something we've never dealt with before and I just want to be sure for both of us that it's done correctly since what happens to him affects both of us. As for his lawyer (and we aren't seeking new counsel "because he doesn't like their answer"), I don't feel I was "pestering" him, I simply asked for his assistance/guidance in the matter, but he has shown his arrogance after getting his money and making his deal that he doesn't have time to further help us. I don't know the legal system all that well and I'm just trying to learn. All I wanted here was to see if anyone has dealt with this sort of situation or knows these procedures and could maybe point me in the right direction. I really didn't expect anyone to be mean.
  4. GuessAgain, Thank you for your response, I appreciate any help I can get. Couple of questions/additional info...What is the BOP? Also, it has not been 120 days and I'm guessing maybe I was incorrect in stating it was a legal document, maybe what he sent me is the letter you referred to. The cover page he sent looks "legal" as it a copy of a typed "form" . I'm not sure what you mean by "How he is housed has no bearing on good time/work time credits". If he is segregated as in the past, he will not be able to get the half time, will not be able to get good time/work time credits and will have to do approximately 85% of his time. Also, are you saying that we should not file this without knowing if this will actually be the case? Most likely it will be beyond the 120 days if we wait for that.
  5. In March 2013 my husband was in an auto accident. He was exiting the driveway from my place of employment and making a left turn. The street he was turning onto is usually pretty busy in the morning and there is another "main" street to the right with a stop light so traffic sometimes gets backed up. There are three lanes, a center "turn" median (for turning into the driveways for the Home Depot across the street) and then three more lanes. The cars waiting for the light had left an open space for my husband to exit and make his left turn. There were no cars coming on the opposite side of the street. A woman proceeded to exit the long line of traffic and enter the center turn median to proceed up to the turn pocket for the light ahead (more than 200 feet away) and struck him. The police were called but said if there were no injuries to exchange information and call insurance companies.So, they did. About 2 to 3 days later he began feeling pain in his neck, shoulder and back. He procrastinated, but I finally got him to go to the doctor. They did x-rays, gave him some medications and sent him to physical therapy. The doctor also had him do a couple of MRI's. Our insurance company paid us for the medical bills and we sent the same bills to the other person's insurance as well. There was a question about fault so there was some sort of arbitration/mediation meeting and according to our insurance the decision was set at 60/40 in our favor. Now the other insurance finally came to us with an offer last week. They decided that the accident was 50/50 fault and gave us a very low settlement offer (lees that what our insurance company even paid us for the medical bills). They said that they believe that after looking at the medical diagnosis and billing that the injuries were mostly degenerative issues caused from aging, etc. and not related to the accident. I do not believe that is the case and we are wondering if there's anything we can do about a better settlement.
  6. My husband was just recently sentenced on several cases he had in California and signed a plea agreement with a final prison sentence of 8 years 4 months with half time eligibility to complete 4 years 2 months. He was incarcerated in the prison before, but has been out of the system for quite awhile (completed parole, etc). He has now been sent to prison and because of prior classifications he had they are reviewing his file and may send him back to a segregated status and he would therefore not get the half time he is entitled to under his plea agreement. He sent me a Declaration in Support of Request to Recall Sentence (Penal Code 1170 (d)) with supporting cases to request that the court re-sentence him to the half time he was given at 100%. I have tried to contact his lawyers for help with this, but they haven't been any help. One of them told me they don't think it is legal, which I don't understand as it is on a legal document with supporting cases. Can someone please give me some advice as to how to file this? Thank you.
  7. If someone gets hurt on the job and is subjected to a random drug test and the test comes back positive, what are the laws for re-instatement to their job? They were terminated and given a list of SAP's to go through "treatment" steps. If they complete these steps as required is it mandatory that they are re-hired?
  8. Okay, now I have received a letter from their lawyer. He states that they sent me the statement of deductions on June 2 along with the ledger and copies of the rent checks and money orders, etc. to my last known address (their apartment building I moved out of!). I know this is a lie! The statement I did receive from them at my new address contained a ledger that was dated June 5. It did not contain any copies of checks or money orders and they also did not send me an itemized list or copies of invoices for the cleaning fees they charged me as the Civil Code 1950.5(g)(2) states they are to provide. So, how could they have sent it on June 2? I gave them my new address the day they did my final walk through and they took possession of the apartment. I spoke to their secretary numerous times after that and she stated to me at those times that they were waiting on the owner or whatever to go over the paperwork. She also stated to me that they were behind on paperwork and that is why they had not been able to send me anything. The day before I received their statement, the secretary had called me to let me know that their accountant was going over everything and they needed my new address to send it out. That right there tells me they did not send it previously. I just need to know where I go from here. I am wondering if I have any chance to beat this if I take it to court. Also, I don't know if I should send a reply to them or their lawyer stating the above facts or continue with my own lawyer. Please give me some advice.
  9. I live in California. I don't have my rental agreement handy, but I will look at the wording. I went to a website "California Tenant Law" and it stated that late fees are illegal to begin with. It notes the case of Orozco v. Casimiro [(2004) 121 Cal.App.4th Supp. 7] where the appellate court identified late fees as "liquidated damages" within the meaning of Civil Code 1671, and declared them to be illegal and void, absent extraordinary circumstances. Is this valid and will it halp me any? I just want to know if I have any chance if I take them to court. They always accepted my rent (i usually mailed it in and I'm assuming there were times when it took longer than others) without any additional contact with me regarding the late fee. A couple times the payment never made it and I took the check directly to their office. At that time they asked for the late fee and I did pay it. I also looked on the California Department of Consumer Affairs website and it states that if the landlord does not refund my deposit or send a statement of deductions within 21 days, they lose the right to keep any of the security deposit and must return the entire deposit to me. They did my final walk through on May 11 and I got their "bill" on June 11.
  10. Can a landlord deduct a year's worth of "Late Fees" that were never previously billed for from a security deposit upon vacating the rental unit?
  11. Okay...there is only one set of keys, mine. What if they didn't ask who drives the vehicle etc. until after they searched the vehicle? We work at the same place, so I drive him to work, go back home to get ready then drive myself to work and after work I drive home. He drives company vehicles throughout the day. I'm just wondering if there is any slight chance this will go our way. Eventhough they found something in the vehicle, he had truly not done anything wrong besides not throwing something away that he should have.
  12. The state is California. I am just wondering if they would have to ask my permission to search the vehicle if we were not in it at the time. I have researched a bit and the Title 15 information I read states that "only those areas of a parolees residence occupied solely by the parolee or of common access shall be searched without a warrant." My understanding of that is the residece is subject to search, not a vehicle parked outside underneath the apartment in a carport. I would understand if we were in the vehicle and were pulled over, then a search of the vehicle would make more sense. Do we possibly have a chance to have evidence found in the vehicle throw out?
  13. Is the wife of a parolee entitled to a "right to privacy" when a parole compliance search is being done in the home? And, is a vehicle registered solely to the wife (bought before the marriage) allowed to be searched as part of the compliance search?
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