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  1. I supplied a distressed real estate property lead I found for a referral fee of 10% via an online website. The person that owns the website and received the lead is located in California. He wound up purchasing the property and made approximately $100K on the deal. There was not a traditional signed contract for this transaction it was a matter of completing the lead details and my contact information on the web form and then clicking submit. After I submitted the lead I was contacted by the website owner and he told me how much he purchased it for which I have verified thru the recorder/assessor. After it closed I was only paid $2K of the total $10K I was owed and he now refuses to pay me the balance. I will need to sue him and need to know if an online agreement such as this is enforceable in California. Thank you.
  2. I cannot find the info I need in IRS Pub 575. Can someone please tell me if I do the Small Estate Affadavit and take the whole amount ($25,000) as a Lump-Sum, how much will I need to pay in taxes to IRS/Cal FTB for RMD's that are due?
  3. Hello, My Sister passed away in January 2016 in California and had a small $25,000 Pension that she had not told me about. She was 72 years old. After she passed the company sent a letter and that is how I became aware of it. However, she named no beneficiaries and the company tells me I can claim it as her only living relative by filing a Small Estate Affadavit with the court. My questions are: 1. Can I claim it using a Small Estate Afffadavit filed in California court? 2. Will RMD's need to be paid to IRS/Cal FTB since she was older than 70 1/2? 3. Will I need to pay IRS/Cal FTB taxes on it as regular income that I received? 4. Will the Company send 1099's or other notifications to IRS/Cal FTB and me? Thank you
  4. The tire store employees did not need any "expertise" in struts or anything else. The strut connects directly to the wheel/tire and anyone with two brain cells/common sense could see that the strut was broken out of it's mount and hanging loose creating a dangerous condition.
  5. A few weeks ago I had my tires rotated at a large tire chain where I purchased them from and where I have a lifetime free rotation plan. As I left the Service Rep told me I should have my front strut looked at because it was "sagging" and they don't do those repairs there, only install tires. He and the Tech that drove the car up to me and handed me my keys to leave, DID NOT tell me it was unsafe to drive my car! I immediately drove to a place that does struts and the Manager there was concerned. He said the strut on the front passenger side was broken loose out of it's mount and that my wheel could have collapsed into the wheel well or fallen off! I had them replace both front struts and it cost $700. I then contacted the place that did the rotation and told them they put me and other drivers on the road in extreme jeopardy. Long story short, after two weeks of back and forth with multiple people, and sending them both a photo and a video (the second mechanic took) of the broken strut, they claim absolutely no responsibility and in essence told me to get lost. Not even a "we're sorry". I do not expect them to reimburse me the $700 as the worn struts were not their fault. However I feel they had a responsibility to not let me leave their premises with the strut in a dangerous broken condition. Since I fortunately did not have a crash and injure myself or anyone do I have any recourse other than complaining to the California Bureau of Automotive Repair which probably would do absolutely nothing? Do I have any chance of winning a lawsuit against the tire store and what would be the cause of action? Thank you
  6. Adjuster Jack said: "With all due condolences to you, frankly, you blew it when you didn't seek the advice of a malpractice attorney right after she died and venting now isn't going to help." I did speak to multiple medical malpractice attorneys within one year after she passed. Most of them said that since she had Kaiser insurance I would have to go to arbitration and that combined with a weak case due to her being 90 years old, etc., that I should not pursue a lawsuit. Not wanting the Kaiser doctor that gave her terrible care to get away with it is why I have considered the Medical Board complaint.
  7. Hello, I have a California Money Judgment. I have discovered that my Judgment Debtor is named in a Will to receive money in a recently opened Probate and there appears to be sufficient funds, after Estate costs are paid, for him to receive his distribution. There is a 4 month period in which Creditor Claims can be filed. I would like to submit a Creditor Claim to the Estate for the amount of my money judgement. This claim would be against the Heir (my Judgment Debtor) and not the Deceased. Does California law allow a Creditor Claim to be submitted in a situation like this, against an Heir, and what are my chances of being paid from the Executor if I can prove my valid claim? Thank you
  8. I have lived at my aprtment for 2 years. In October 2014 I had an extremely noisy tenant move in directly above me. I have put up with the lead feet stomping and the banging/dropping of things onto the floor above me that literally goes on for hours at a time. In the last month it has increased in intensity and frequency. I now wonder if dancing or martial arts are being practiced up there. That or I have a mental case up there. I have had noisy neighbors at other places in the past but this is worst case. Been in contact with management company for several weeks over this now and they say they have looked into it, the neighbor claims they are rarely home, the others next door/adjacent state they are not being bothered so they assume the case is closed. Finally yesterday morning at 7:15 AM I was woke up by extremely loud bangs from above. I lost it and called the police and they came and made a report which I will get a copy of. But again this morning they are back to the same old banging and stomping, oblivious to all. I know if I had witnessses they would say "how do you put up with this?" I tried to get neighbors to witness the noise I hear but they did not want to get involved. I know you will say it's easier to move but I cannot right now and I am pissed beyond belief at this idiot. Is there such a thing as a neutral third party expert witness I can get to come and witness the noise. I'll pay for it. How much? If I file a lawsuit against the neighbor, which I will, I would have proof. Any other advice to document the goings on other than the logbook I am keeping of the times I am disturbed. Please don't just tell me to move and I do not want to confront them in person as I know nothing about them except they make insane amounts of loud noises for hours at a time.Thanks
  9. Fallen, After looking back again on this post, I have a question about your reply where you said..... "It's unclear who or what have you worried about a defamation suit by virtue of "not guilty" (not appropriate term) result of a complaint to medical board, or who told you any applicable statute of limitations had run on a civil action, whether medical malpractice/wrongful death (none have as yet)." None have as yet? I have read in several places and been told that one must file a medical malpractice case within 1 year of date of occurrence in California. Is this incorrect? Is there something about medical malpractice/wrongful death BOTH occurring together that changes the 1 year limit? I cannot figure out how this can be. Please elaborate. Thank you very much.
  10. What has me worried is getting sued and having to owe money (which I don't have) to this doctor. That would truly be an insult. Multiple attorneys told me and everything I have read said there is a 1 yr Statute for medical malpractice in CA. Did I miss something and/or does the wrongful death change the time limit?
  11. My Mother died in January last year at 90 years old in a nursing home after being hospitalized at Kaiser the week before. The malpractice clock has run and I was told I had no case due to her age, etc. The Kaiser doctor in the NURSING HOME that "treated" her ignored multiple written statements in her medical file by Kaiser colleagues about her MALNUTRITION. She ate 20% of meals for 3 weeks prior. I pleaded to give her an appetite stimulant that had worked prior but he said "we'll see" in a couple more days. This conversation took place December 31 (New Years Eve) 2012. He then left for his New Years Holiday and passed off care to another doctor. That doctor DID wake up and start an appetite stimulant on January 2, 2013 but too late. My Mom passed on January 3, 2013. Question: If I file a complaint with the CA Medical Board and CA Dept of Managed Care (HMO Oversight) for Gross Negligence, what are the chance I could LOSE a slander/libel lawsuit FROM THE DOCTOR if he is found not guilty by these entities? Can I go forward with my complaints? Please don't just tell me she was 90 years old and I should "let it go". Thank you for any assistance you can provide.
  12. My Sister went to a nursing home on February 3, 2014. She needs 24/7 care for Parkinsons. She has no long term care insurance but does have $20,000 in her bank account. Medicare paid for only 12 days since she did not show significant improvement.and the nursing home says that now she is “pending Medi-Cal” (I understand this to mean that they must “spend down” her $20,000 bank account until it reaches $2,000 and then Medi-Cal starts paying). Since February 15 the nursing home is charging her $500 per day at their “Private Pay” rate. Since she has not already made funeral or burial arrangements, and also needs dental care and some medical items outside of the nursing home, someone told me that she can pay for some of these needs out of the $20,000 (it’s already down to $13,000) before it’s all gone to the nursing home. Question #1: Can someone tell me what exactly she is allowed to purchase with her own money now that Medi-Cal knows she has this $20,000 account? Question #2: Does she just write checks for funeral, dental, etc out of the bank account before it’s all used up? Question #3: $500 per day sounds excessive. I thought private pay was more like $250 per day in a nursing home? Is there a way I can check on this? Thank you for any help and guidance.
  13. I had a thyroid biopsy ordered by my Endocrinologist. The procedure was done and for whatever unknown reason the results did not yield the desired type of sample and therefore no meaningful results were obtained for use by my doctor. Anthem Blue Cross paid $1572 to the clinic. The clinic has billed me $329 for my portion and I have been billed another $350 for Radiology and Pathology tests by sub-contractors of the clinic. I do not feel I should have to pay $679 in costs for a procedure that yielded unusable results that I am going to have to have repeated at some point with additional outlay by my insurance if they will even cover it a second time which is doubtful at this point. I have tried for 2 months to get them forgiven but now they are going to turn my accounts over for "collection". Am I liable for these fees? We don't pay for unsatisfactory results in other arreas of society when someone or something produces junk outcome. The clinic already got paid $1572. Should I pay them off and then sue in Small Claims to try to get my money back? I would prefer not to pay them at all but don't want my credit wrecked. I have asked the insurance company and their opinion is that I need to pay the remaining bills myself. Am I liable or is there a law to protect one from a botched procedure like this?
  14. If not possible in Small Claims why does nolo.com say that it is? http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter2-8.html
  15. Is it allowable to bring either a Medical Malpractice and/or Wrongful Death case in California Small Claims Court? I ask because so far I have not found an attorney willing to accept my case involving the death of a family member. Assuming it is allowed, here are my questions: 1. How does one handle the "expert testimony" of the required doctor stating his opinion that the medical care was sub-standard? Is the doctor's written affadavit acceptable or is it necessary (or recommended) to bring him into court to tell the judge his medical opinion in person? 2. Is the burden of proof lower than in Superior Court? 3. Where can I find out more about how to proceed with a case of this type? 4. Now for a curve. The Defendant is Kaiser and I've been told you must go to arbitration with them. Would suing them in small claims force the issue into arbitration elsewhere? 5. Other thoughts?
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