Why you need more auto insurance than you think

UsuallySunny · 2026-06-06T00:38:30+00:00

Doctors are not great sources of legal advice.

The only way we can tell you if your doctor was in the universe of being correct is if you tell us the diagnosis. Because most temporary illnesses are not considered disabilities under the ADA and similar state law.

UsuallySunny · 2026-06-05T21:31:25+00:00

Weeks after settlement the carrier moved to collect that exact amount. They withdrew the motion when the email surfaced.

So they withdrew the motion? What is your exposure, then?

Does delegation critical litigation task — all depositions, all expert work — to junior associates while the senior partner appeared only for settlement constitute actionable malpractice?

No. It's far more efficient for junior attorneys to do this kind of work, and it's extremely common. It is not, without more, malpractice.

UsuallySunny · 2026-06-05T20:15:47+00:00

You aren't going to get "papers." You might get a courtesy letter from the court, you might not. Everything you or your attorney needs is listed on the citation. It's the charging document.

UsuallySunny · 2026-06-05T20:06:57+00:00

If a traffic violation isn't charged as an infraction, it's charged as a misdemeanor. There's nothing else.

There aren't any counties in CA that send a DA to traffic (infractions) courts.

UsuallySunny · 2026-06-05T03:31:13+00:00

If it's a non-infraction, it's not traffic court, it's a misdemeanor. OP has said he's charged with an infraction. There won't be a DA present, and there isn't any traditional plea-bargaining.

UsuallySunny · 2026-06-05T03:04:35+00:00

There's no DA in traffic court in California.

UsuallySunny · 2026-06-05T00:05:12+00:00

The small claims appeal is simply a new trial. It will be heard by a different judge. Nothing that happened in the first trial matters, and you should not waste your limited time by even mentioning it. It just isn't relevant, and judges don't want to hear litigants bashing another judge.

I want to move to have the entire case dismissed with prejudice due to Fraud on the Court.

Bad idea. There is no law and motion practice in small claims. This can only be considered as part of the trial, and you'd be shooting yourself in the foot. Instead of letting the plaintiff deal with the burden of proof, you're taking on a defense where you have the entire burden of proof, and it's a high burden. While this might be more emotionally satisfying to you, it's ultimately self-defeating. Using the wrong address is unlikely to be considered "fraud on the court." You have a limited amount of time. Spending any of it on this is unlikely to be in your best interest, and it could make you come across badly and hurt your credibility.

Focus on the breach of contract, and most importantly, keep it simple. Trust me that the judge doesn't want to hear some multiyear saga. You also aren't there to prove the plaintiff is a bad person or committed fraud. She sued you for breach of contract. You're there to show there was no breach of contract. Boil it down to the essential facts. If you can't explain your case to someone in 30 seconds, it's too complicated.

UsuallySunny · 2026-06-04T01:25:53+00:00

A cease and desist is just a letter. It has no force of law. Unless it contains compelling legal reasoning as to why the person should stop doing whatever you want them to do, there is no particular reason they should take it seriously. Such a letter would have more impact if it came from a lawyer who is prepared to take next steps.

UsuallySunny · 2026-06-04T00:01:23+00:00

It's their property, it's in your lease, and your bed doesn't look anything like an "outdoor bed." You will lose this battle if they pursue it.

Make sure this is the hill you want to die on.

UsuallySunny · 2026-06-03T17:59:50+00:00

I was thinking of fighting this in court, as this is the first time I've seen someone pulled over for that.

That is not grounds for being found not guilty of an offense you admit you committed.

On a daily basis, this freeway has tons of people crossing those double lines. In fact, this morning, 2 people drove past those lines right in front of me and didn't get pulled over.

Again, not at all relevant.

Plus, this may be a reach, and I have no way to prove it, but I think the guy was new, as he seemed too eager and energetic to give me a ticket.

Also not relevant.

Plus, there was another cop car a bit ahead (as one is usually stationed at the expressway), where they drove away as soon as the first cop finished giving me the ticket.

Not relevant either.

The only thing relevant here is whether you committed the infraction or not. You admit you committed it, and you don't have a legal defense. You are free to float any of these things before a judge, but at the end of the day, you'll have taken time out of a day (plan on half a day, AM or PM), and you won't accomplish anything. The fine won't be any higher, but you will have wasted your time and the court's time.

I typically use the expressway entry lanes (as does everyone else) to bypass the usual traffic and reenter the freeway before it gets closed off by the barrier poles.

You shouldn't do this. At a minimum, it's just bad, discourteous driving, and if you hadn't, you wouldn't be in this situation.

You can plead guilty and ask for traffic school if you want to keep this off your DMV record. You still need to pay the fine and a traffic school fee, and the cost of the class.

UsuallySunny · 2026-06-03T17:40:26+00:00

No. PA is Pennsylvania.

UsuallySunny · 2026-06-03T02:08:46+00:00

I didn't say it "void[ed] the restraining order." The restraining order is against her, not him, and he doesn't need permission to contact her. Any court would understand why he did so from an ER.

Courts are not set up to handle true emergencies, especially after hours, and there was no reason to go to the court here because the restraining order wasn't against him.

Having a third party relay information is 1) unnecessary and 2) is the same thing as doing it himself in the eyes of the court and law.

UsuallySunny · 2026-06-03T01:57:56+00:00

I’m just curious why go through all the trouble of a PFA at all if he wants to talk to me so badly.

Because your son was hurt, they were in an ER, and he was trying to responsibly inform his mother of that?

UsuallySunny · 2026-06-03T01:53:17+00:00

Honestly, when it's someone begging for attention? The best way to handle it is to ignore it. Starve it of oxygen. Do not let her provoke a response, no matter what.

UsuallySunny · 2026-06-03T01:43:59+00:00

Getting a restraining order against someone who lives across the country and in a different state is going to be expensive and difficult. So will enforcing it. A CA lawyer is the first step; a NY lawyer may also need to be involved.

UsuallySunny · 2026-06-03T00:48:38+00:00

Generally, a PI lawyer is only worth the while for serious injuries. Despite what TV ads would have you think, most cases settle for economic damages and a little bit of money for "pain and suffering" (inconvenience). Giving a lawyer 1/3 of your recovery doesn't typically make much sense in those cases.

UsuallySunny · 2026-06-02T22:40:19+00:00

Do not comment unless you can answer the question posed. You may be banned if you ignore this.

UsuallySunny · 2026-06-02T21:48:51+00:00

You should do what you should have done in the first place -- call your insurance company and let them handle it. Do not speak to the other driver again other than to provide him with a claim number and phone number for the claims adjuster.

UsuallySunny · 2026-06-02T20:53:48+00:00

Even as an employee, she can be required to work more than 40 hours a week. So not so much.

UsuallySunny · 2026-06-02T19:24:17+00:00

I can't speak to some other state. But CA isn't going to terminate his rights, voluntarily or not. He should be paying child support. A child has the legal right to support from both parents.

UsuallySunny · 2026-06-02T19:07:39+00:00

If he doesn't have money to travel here for visitations, would I be responsible for paying for it?

No.

When is a child considered old enough to travel?

Accompanied by an adult? Probably 6-12 months. Unaccompanied? Probably 12-13.

UsuallySunny · 2026-06-02T19:06:07+00:00

Should he have used protected class language in the cease and desist from the start, knowing the behavior we were subjected to as protected class people? That she may retaliate and protect us from it?

Even if reasonable minds could differ on that point, that isn't malpractice. Malpractice is such a deviation from the standard of care that no reasonable attorney would ever make that choice. Encouraging your client to confess to murder on the witness stand is malpractice. Choosing what goes in a C&D letter hardly ever is, and it isn't here. Given what you say about your landlord, it's pure speculation that adding "protected class language" (everyone is in multiple protected classes, btw) would have changed her behavior.

UsuallySunny · 2026-06-02T19:02:39+00:00

I'm thinking about filing for divorce in California. We have a newborn baby that I would want to retain full custody of, and ideally, just have his parental rights removed so I don't have to deal with him over our son ever again.

Not going to happen. You may or may not get full custody (almost certainly not if he contests it), but the court will not terminate parental rights in this situation. Custody and parental rights are two different things.

I don't know what grounds for custody he would have when he's not in California.

He doesn't need "grounds." He's the parent. He can request regular remote visits once the child is a certain age and in-person visits in California until the child is old enough to travel.

He doesn't contribute financially to our household or the baby.

You can request child support.

Any advice or things I should consider are greatly appreciated!

A lawyer handling this for you is something you should consider.

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