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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11582
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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i need help reviewing and completing document created on Law

Customer Question

i need help reviewing and completing document created on Law Depot
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

What legal topic does this document concern?
Customer: replied 1 year ago.

insurance claim

Expert:  Zachary replied 1 year ago.
I'd be happy to help you. You'll need to either post the document online some where that I can review it with you, attach it to your response to this message, or scan and send it to experts@justanswer (attn: ZDNlaw regarding: http://www.justanswer.com/law/7oqpq-need-help-reviewing-completing-document-created-law.html)

You also need to tell me about what happened that is causing you to submit an insurance claim.
Customer: replied 1 year ago.

XXXXX XXXXX
______________________________
______________________________
____________________


April 7, 2013


______________________________
______________________________
Attn: ____________________

Dear Sir or Madam:

Re: Claim Number CAIF336708

On June 8, 2008 I was involved in the following incident:
Claimant, between dates of January 5, 2004, and June 7, 2004 provided professional services to B&R Lining Services, and LD Anderson Inc in regards XXXXX XXXXX public work of improvement put in place for the Riverside County Waste Management Department , during the Construction of Canyon IV, Phase II Liner System, at the Badlands Sanitary Landfill located atXXXXXin Moreno Valley, California, in accordance with Agreement, dated the 5th of January 2004, for the lump sum price of $60,000, which has not been paid.

Claimant served notice of said balance due it by hand delivery, dated June 7, 2004 to B & R Lining Services, and Surety, by Certified Mail, return
receipt requested, dated June 8, 2004, and there has been no just credit or offset due against said balance.

A lawsuit was filed by B&R Lining Services in my behalf in relation to said instance, Case No RIV 414878 of which the court granted a summary judgement in my favor and there has been no just credit to me or offset that remains due against said balance.


As a result of the incident on June 8, 2008, I have suffered the following injuries:
___________________________________________________________
___________________________________________________________
___________________________________________________________


As a result of the incident on June 8, 2008, I have suffered the following expenses:
___________________________________________________________
___________________________________________________________
___________________________________________________________


As a result of the incident on June 8, 2008, I have suffered the following other damages:
___________________________________________________________
___________________________________________________________
___________________________________________________________


Without prejudice to my rights of full recovery, I am willing to accept the amount of $_______ USD in forbearance of my right to sue for all damages resulting from the incident on June 8, 2008 if such payment is made within _______ days from the date of this letter.

If I do not hear from you within _______ days from the date on this letter I will commence legal proceedings. Please note that if I have to proceed with legal proceedings in order to obtain compensation for my damages suffered, this letter will be tendered in court as evidence of your failure to attempt to resolve this matter. Further, you may be liable for any court costs, attorney fees and damages.

You can reach me at ____________________. Thank you for your cooperation.


Yours truly,

_____________________________
XXXXX XXXXX

Customer: replied 1 year ago.

Surety is International Fidelity in New Jersey

Expert:  Zachary replied 1 year ago.
OK.

So from what I understand from the above, you have not been paid for some work you performed back in 2004 (or 2008, there are 2 different dates above), correct?

Also, you have filed a lawsuit and you won a judgment through summary judgment in the amount of $60,000.00, correct?

The company which owes you the money did not pay, correct?

Can you tell me why they did not pay?

Have you attempted to collect from them?

You are now submitting the claim to Fidelity who is the surety. Whose surety? Was there a surety agreement?
Customer: replied 1 year ago.

i was asked by both to provide third party calculations and final quantities for work put in place and LDA sued me because they were upset with my findings and were expecting me to their side when in fact I took noone's side and paid another firm to review and check my conclusions before submitting to both.


 


The facts speak for themselves and very unfortunate to witness the way all parties just disregarded and ignored the facts simply because B&R hispanic heritage.


 


Surety: International Fidelity


Principals; B&R Lining / LD Anderson


Oblige: RCWMD


 


Anyway I am an expert and have more experience and knowledge than all 3 parties put together and unable to take further witness to and actions of LDA, its attorney, and certain individuals of Riv County is criminal and should be charged a felony for misappropriating public funds. Anyway it is obvious the only ways this will end is if I accept offer and agree not to testify in court.


 


The other info requested is presented in letter. I need help finalizing and PROVIDE typical requests such as interest, attorney fees and pain and suffering WHICH I WILL WAIVE for settlement amount.


 


Further, even though never paid I reported earnings and associated witholdings owed to IRS. (15%) of $60k.

Expert:  Zachary replied 1 year ago.
Hi,

I'm not sure I know how to help you here, as I am not following you in what is going on in your case.

I'm going to opt out and allow another expert to jump in and pick up from where I'm leaving off.

Good Luck,
ZDN
Customer: replied 1 year ago.

okay. does that mean I am not being charged the $44? am unsure of refund process.

Expert:  Andrea, Esq. replied 1 year ago.

Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

I am sorry to hear that you are having such a difficult time being paid for services you have already rendered. It is truly unfortunate how some people seek to take advantage of others in this way,

 

I would be glad to assist you in filling out this form for your claim, but first let me say that sometimes the law does not fully support our position and justice is not always just. Please understand that I can help you only to the extent that the law permits.

 

1. You deserve to be paid in full for the services you rendered and your claim is based on the law of contracts. Their refusal to pay you has caused you to sustain "damages". A plaintiff is said to sustain "injuries" in tort claims and these injuries always refer to "physical injuries". That is not the case here. Therefore, the first paragraph in which you refer to "injuries" is inappropriate for a claim based on contract, and must be deleted;

 

2. Your first paragraph should read something along the following lines:

 

I have performed all obligations under our Agreement and your non-payment constitutes a breach of our Agreement. As a direct result of your breach, I have sustained damages in the amount of Sixty Thousand Dollars ($60,000.00) is well overdue. If I am forced to incur additional expenses, fees, and costs in the collection of this amount which is justly due me, I will demand interest at the maximum legal rate permitted by law";


3. You can really include your fees, costs, and expenses in the above paragraph and it need not be a separate paragraph. However, if you prefer, you can keep them in separate paragraphs. Your next paragraph, then, would read along the following lines,

 

"I have performed all obligations under our Agreement and your non-payment constitutes a breach of our Agreement. As a direct result of your breach, I have incurred additional fees, costs, and expenses in the amount of $________ ; "

 

4. I read your statement that you obtained these forms from Law Depot; If their forms included pain and suffering for a contracts claim, they are wrong. A plaintiff whose claim is based on Contract, cannot make a claim for "Pain and suffering". This is strictly confined to tort actions for personal injuries.

 

5. Your next paragraph should include a claim for your attorneys' fees,

 

"I have performed all obligations under our Agreement and if you continue to refuse payment to me and I am forced to incur additional legal expenses, my claim will also include a demand for Attorneys' fees";

 

6. Your next paragraph should read as follows:

 

"Without waiving, or prejudicing my rights to demand and recover payment I in full, and in the spirit of cooperation and compromise, I will agree to settle this matter upon your payment to me of the sum of _____________ Dollars ($ .00), provided that acceptance of this compromise and payment by you is made not later than _______________ . If I do not hear from you and receive payment by such date, this offer to settle shall be null and void and of no further legal effect";


I do not think it would be a good idea to tell them that if they do not accept this offer to settle that you will introduce this letter into evidence because under the Rules of Evidence, negotiations between parties in an attempt to resolve their differences, and settle a matter, are not admissible in Court.

 

I wish I could give you the Answer you were hoping for, and I apologize for not being able to do so, although it would have given me great pleasure to have been able to tell you that all your paragraphs could be included in your document, but I have an ethical obligation to you to give you only correct Answers, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me.


If I have not Answered your question in full, please use the "Reply" button to let me know and I will be glad to explain further,

 

Please be kind enough to rate my service to you as "Excellent Service",

Bonus and Positive Feedback are greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,



ANDREA

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11582
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thanks. that was very helpful and exactly what i was looking for. I am also in need of an experienced individual obtaining title to commercial property that belonged to my father which is situated state of Utah in the county of Salt Lake.


 


I currently reside in California and due a severe disability been unable to return to protect his interests and although I did file papers requesting special norice from court I have never received any notice regards to any proceedings to sale or transfer property and need to initiate proceedings to claim proper title and possession of property.


 


At present it is occupied by tenant that purchased adjacent interior property, and is reliant upon corner property for access and parking etc... which is historically where I grew up and lived with my father and know neither he nor would I ever agree to sale my respective interests in property.

Expert:  Andrea, Esq. replied 1 year ago.

Thank you for the "Excellent Service" rating, I appreciate it greatly,

 

I am a Professional also in the Real Estate category and I would be glad to assist you with your new question, but need a bit more information, if you do not mind,

 

Please be kind enough to number your answers to correspond to the numbered questions, thank you so much,

 

1. Are you referring to title to the property occupied by the tenant, or to the property that the tenant claims to have purchased ?

2. From whom did the tenant purchase the adjacent property ?

3. Are you saying that the adjacent property which the tenant claims to have purchased, also belongs to your father ?

4. Is your father still alive ?

5. If so, has he given you a Power of Attorney to act on his behalf in straightening out the situation with the title to the adjacent property ?

Customer: replied 1 year ago.

1. My father died intestate on 7/31/2007 and was the sole owner and occupant of business and two commercial parcels 21-26-480-003 and 21-26-480-004.


 


2. Not me. It was my understanding title automatically passed to heirs. I have two brothers and one sister who together combined had $0.00, at time of death, and I paid all funeral costs and am the informant and contact listed in all obits and death certificate.


 


3.yes


 


4.no


 


5.n/a


 


I have all info and most answers and need to hire someone to do what I have and remain unable to do from here. Unless you are aware of solution which can be done from here or anywhere else but there.

Expert:  Andrea, Esq. replied 1 year ago.

If your father passed away intestate, then you and your siblings would be entitled to share equally in his estate. In these situations, it is common for the Court to appoint one of the decedent's children as the Personal Representative of the estate and do what has to be done in order to settle the estate.

 

It is a little unusual for the Court to by-pass the children and appoint a non-relative as the Personal Representative. But even so, the Personal Representative had an obligation to send notices to you and your siblings and if you wanted the property, the Personal Representative should have given you the opportunity to discuss this with your siblings and buy out their interests. It is highly irregular for a Personal Representative to sell assets of the estate without informing the heirs and without giving them the opportunity to buy out the interests of the other siblings.

 

You do not have to travel to Utah to get this straightened out, but you will need a lawyer experienced in Estate Work. You can call the Utah Bar Association Lawyer Referral Service, tell them your situation and ask for the names of a few attorney with experience in estate work. You can have telephone consultations with them and it will not cost more than maybe $25 or $30 for a 30 minute consultation, if you go through their Lawyer Referral Service; you can then select the one with whom you feel the most comfortable and retain him to at least find out what happened and see how many issues the Personal Representative mishandled. Depending on what the Attorney finds out after reviewing the Probate file, you may have several causes of action against the Personal Representative, including a cause of action for breach of fiduciary duty,

 

 

Please be kind enough to rate my service to you as "Excellent Service",

Bonus and Positive Feedback are greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,



ANDREA

 

 

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