How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41220
Experience:  Licensed in PA & NJ, Experienced attorney.
18572087
Type Your Consumer Protection Law Question Here...
Dimitry Esquire is online now
A new question is answered every 9 seconds

I am acting pro per in a civil lawsuit against a homeowner's

Customer Question

I am acting pro per in a civil lawsuit against a homeowner's insurance co. it involves breach of contract. breach of good faith both due to negligence and fraud. They hired and contracted with a private company and paid them directly to do mold remediation in my home with a cap of liability of &10000.00. This company was licensed to do plumbing and their license was inactive and they had no surety bond. they did a complete abatement of a room in my house and my house tested positive for asbestos. they were not even licensed per CA with a C-22 class. insurance negligent by not following the law by not checking licensure of this company. They did not even do mold remediation. they did a dry out for water only which blew that asbestos all over the place. insurance maintained they had paid their max for mold and mold was not even the issue. it was water damage. I have proof to support all allegations. they cancelled my policy without repairs being done. That is some history. (1/2)
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
I ran out of space so my real questions are asked in a second text
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your questions. Please permit me to assist you with your concerns.

You asked:

Can I use the date the county assessor has as the date construction completed, the date it was condemned for tort purposes?

My apologies but that is not the date of damages, the date you need to use is when the damage actually took place (when they performed the work, and did so poorly, not when that work was discovered).

Do I have to file all the documents plus my argument supporting my allegations with the court

Yes, you do. You have to file a complaint where you allege their violations and allude to your documentation. You do not need to immediately attach your documents but will need to prepare them for trial and upon request share those documents with the opposing side via the process of 'discovery'.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Since I did not know this company was unlicensed until 2015, can I still file a tort? if so, how do I ask for compensatory and punitive damages? if not, this company surely should pay these damages as I have proof of fraud. So would this be considered s continuing tort?
Customer: replied 1 year ago.
you are saying I need to write my allegations out in detail as to what I have proof of and just say "as proof will show?"
Customer: replied 1 year ago.
who can request mediation or would a trial be better? I really do not think they would want to go to trial and this case become public knowledge
Customer: replied 1 year ago.
Are there fillable forms I can download to use and which forms do I need? I also need extra blank templates to fill in
Expert:  Dimitry Esquire replied 1 year ago.

Hello,

The burden would be on you to research and find out if they were unlicensed when conducting repairs. Then, provided you are still within the statute of limitations, you can still file in tort, and seek damages based on the code that they are in violation of by claiming not just that they failed to perform but that they materially misrepresented by failing to inform as to lack of license. This is not a 'continuing tort'; a continuing tort is where damage continues to exist, such as where your property is being infested by groundwater that your neighbor is failing to repair. This is completely unrelated to that theory of law.

As your initial complaint you do not need full detail but you need some specifics. I would suggest that you visit your local county law library and obtain a template from the law librarian of what a typical complaint should look like and base your filing on such templates.

I am unclear as to why you'd want mediation--that is both expensive as it is in addition to court and non-binding on parties. Typically mediation and arbitration clauses are added to contracts to make litigation so expensive as to keep parties from filing, which is why avoiding them is generally in your best interest.

Sincerely,

Dimitry, Esq.

PS. As it is very late here I will be logging off to get some rest. Should you have more questions I will be back in the morning and will try to help but there may be a delay with my responses. Otherwise, if satisfied, kindly do not forget to positively rate. Thank you!

PPS. There are no forms here, you'd need to create documentation from scratch, but you can use your local county law library for templates as I suggested above.

Customer: replied 1 year ago.
I can wait until morning. There really was continuing damage to my home as the city inspector condemned it in Nov. 2014 as uninhabitable and repairs were never done and they refused my pleas for money to repair the damages. They cancelled my policy and the initial estimate was for repairs of a portion of s ceiling in the bedroom that collapsed from water damage. their field adjuster's estimate did not include mold remediation nor any abatement and I received $1352.00 for materials and labor only based on their field adjuster's estimate for repairing the ceuling. They tore out all the walls except for one and the solid hardwood flooring in that room, blew asbestos all over the house and into the crawlspace as they followed protocol for water dry out and did not even do mold remediation and when asbestos is present, the CAOSHA code states to not use any fans before the asbestos is removed.
Expert:  Dimitry Esquire replied 1 year ago.

Hello,

This is not a 'continuing damage' issue. They did not bring asbestos into your home, and while they may have failed in their proper and professional assistance, it was a one-time act, therefore the continuing tort argument won't work. None of your facts change the fact that when they failed to perform is when the injury took place and therefore that is from when the statute of limitations is calculated from.

Sincerely,

Dimitry, Esq.

Related Consumer Protection Law Questions