DAVIS LAW OFFICE
 

Welcome to the Davis Law Offices

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MONO COUNTY COURT HOUSE

PERSONAL INJURY CASES

Our firm no longer handles personal injury cases where someone has suffered severe injuries resulting from, among other things, automobile collisions, although we do make referrals to highly skilled personal injury attorneys who only accept serious personal injury cases.

Most minor automobile accidents are best resolved in Small Claims Court where the Court has jurisdiction to make an award up to $7,500.  In Small Claims Court you will not have to pay any attorney's fees from the award because you cannot be represented in Small Claims Court by an attorney.

As a practical matter it is not feasible for most attorneys to handle small personal injury cases, although there are several firms that may handle small cases because of the way such firms are structured.  We do not handle or make referrals of such cases.

If you have suffered a personal injury you should consult with a competent personal injury lawyer who will adivse you on your rights and provide you with a list of options from which you may choose.

Ordinarily, such cases are handled on what is known as a "contingent fee basis", which means that the lawyer gets paid a percentage of what is recovered. If there is no recovery, the lawyer would not be entitled to any compensation from you, although you may still have to pay court costs.

INSURANCE DEFENSE

Our firm handles insurance defense cases involving motor vehicle collisions, products liability, premises liability cases, and other claims based upon negligence, strict liability, and intentional acts.

CONTRACT ACTIONS

We prosecute and defend actions for breach of contract, including motor vheicle sales agreements, leases, rental agreements, purchase agreements, and many other kinds of agreements.

EVICTIONS

Our firm has significant experience prosecuting eviction actions to remove a tenant from a rental unit. The grounds usually available for such evictions include non-payment of rent, nuisance, and non-curable breaches of the lease or rental agreement. If the property is located in a jurisdiction that has rent control, special rules may apply to evictions that may make it more difficult to evict a problematic tenant.

CIVIL APPEALS

Civil appeals are where a party disagrees with the judgment, ruling or order of the trial court. An appeal is taken to the Court of Appeal or to the Appellate Division of the Superior Court, depending upon the amount of money in controversy, or the subject matter of the proceeding.

Appeals can be very costly and uncertain. As such, appeals are usually a "last resort" because the outcome can rarely be predicted with any degree of certainty. That is not to say that an appeal should not be taken in the appropriate case, but there is a legal presumption that the judgment or order from which the appeal is taken is correct. The appellant has the burden of convincing a panel of three judges that the appeal has merit. At least two of the three judges must agree with the appeal in order for the appellant to prevail.

Not all court actions or decisions are appealable. An appeal may be taken only in those instances were an appeal is authorized by law. In all cases where an appeal is authorized, it must be filed within the time set by law. In some cases you must file an appeal within 30 days of notice of the action from which you want to appeal. In other cases, the time is 60 days. There are other time periods as well. Generally, the time to file an appeal cannot be extended. Any appeal filed after the deadline will be dismissed for lack of jurisdiction. To ensure that any appeal you may want to file from a court action is filed in a timely manner YOU SHOULD CONSULT WITH A COMPETENT LAWYER AS SOON AS POSSIBLE.

   

ALL CLAIMS OR LAWSUITS MUST BE FILED WITH THE PROPER COURT WITHIN SPECIFIC TIME LIMITS FIXED BY LAW. THESE TIME LIMITS VARY DEPENDING UPON THE TYPE OF CASE AND ARE CALLED STATUTES OF LIMITATION. AS A GENERAL RULE SUCH TIME LIMITS ARE ALMOST ALWAYS JURISDICTIONAL AND CANNOT BE IGNORED OR EXTENDED. YOU MAY LOSE YOUR CLAIM FOREVER IF YOU DO NOT FILE YOUR CLAIM WITHIN THE TIME LIMIT PRESCRIBED FOR YOUR TYPE OF CLAIM. NOT ALL CLAIMS ARE GOVERNED BY THE SAME TIME PERIOD. SOME CLAIMS MUST BE FILED VERY QUICKLY OR THEY MAY BE LOST FOREVER. IF YOU THINK YOU HAVE A CLAIM, YOU SHOULD PROMPTLY CONSULT WITH A COMPETENT ATTORNEY TO FIND OUT WHAT YOUR RIGHTS ARE, AND WHEN THE CLAIM MUST BE FILED. UNLESS YOU PRESENT OR FILE A CLAIM ON TIME, YOU MAY LOSE YOUR CLAIM FOREVER AND NEVER BE ABLE TO ASSERT IT.