2005 Case Dismissed for Lack of Evidence

April 14th, 2018

I appeared in court to clear an arrest warrant for a person with a case going back to 2005. The prosecutor said he didn’t have the file any more and needed to dismiss the case for lack of evidence. Judge ordered warrant cleared and case dismissed.

Fair Housing Lawsuit Settled

August 10th, 2017

Just settled a lawsuit in federal district court where the landlord refused to consider a reasonable accommodation for my Legal Aid client. Landlord’s insurance paying damages plus vacating the unlawful detainer judgment against my client.

Chief Justice and Justice Thomas agree with liberal justices about right to counsel

March 31st, 2016

Chief Justice Roberts and Justice Thomas agreed today with Justices Breyer, Ginsberg and Sotomayor that the government could not freeze a criminal defendant’s untainted assets and prevent her from hiring a lawyer.

Swing vote Justice Kennedy sided with conservative Justices Alito with the opinion that the government could freeze all assets of a person accused of a crime.

Justice Kagan wrote a separate dissent arguing that the government should not be allowed to freeze any assets until the accused is actually proven guilty.

The case is Luis v. United States.

Business Debt Qualifies for Chapter 7 Bankruptcy Regardless of Income

March 4th, 2016

I just filed a Chapter 7 bankruptcy for a client who has close a restaurant. There is a means test to qualify for Chapter 7 bankruptcy. That means that if you make more than average income, you may not qualify for Chapter 7, and may have to file a Chapter 13 bankruptcy in which you make payments over time. However if the majority of the debt that you incurred before filing bankruptcy is business related debt, you do not have to pass the means test and you can file a Chapter 7 bankruptcy regardless of your income.

If you have questions about bankruptcy call Evan Livingstone at (707) 526-4600 English or (707) 206-6570 Spanish for a free consultation.

Bankruptcy: Not the End of the World

March 1st, 2016

As an experienced bankruptcy attorney, I frequently advise my clients when bankruptcy is NOT their best option. For example, your debt may be more easily settled by making an arrangement with your creditors. It may be that you have assets which are so valuable, that you may lose them if you file bankruptcy.

It is very important that if you are considering filing bankruptcy that you speak to an experienced bankruptcy attorney. Call Evan Livingstone at (707) 206-6570 or (707) 526-4600. Visit my bankruptcy website at http://helpbk.com/ for more information about the various types of bankruptcy.

Workers’ Compensation Explained

February 1st, 2016

Workers Compensation is a specialized area of the law that covers injuries which a occur at work. An employee who is it injured on the job is not allowed to file a lawsuit in the regular court. She must file a claim in workers compensation appeals board.

When a person is injured at work she has the following rights:

1) The right to receive all medical treatment necessary to treat her injury for the rest of her life.

2) If she is not able to work, the right to receive temporary disability payments at the rate of two thirds of her regular salary, for up to two years.

3) Once a workers medical condition is considered permanent and stationary, i.e. it will not be improved by further medical treatment, a worker has a right to receive a payment for permanent disability based on her percentage of permanent disability.

The most important help that a workers compensation attorney can provide his client is to obtain for her the best medical treatment available. Workers often do not know that they have the right to choose their primary treating physician, albeit within a medical network of physicians which is provided by the workers compensation insurance for the employer for an experienced attorney can guide his client toward the best doctors.

A workers compensation lawyer will also ensure that his client receives all of the temporary disability payments, in the correct amount, on time.

Finally, a workers compensation attorney can help ensure that the insurance is calculating the percentage of permanent disability at the correct rate, thus ensuring the highest permanent disability payment possible.

There are two kinds of settlements in a workers compensation case. The first kind of settlement is called a Stipulations with Request for Award. In this kind of settlement, the worker is given a payment for her permanent disability, but retains the right to have the insurance company pay for her medical treatment for life, or as long as is necessary.

The second kind of settlement is called a Compromise and Release. In a compromise and release a worker receives payment for her permanent disability and payment for the cost of all the future medical treatment she will reasonably require. This kind of settlement will be more money, but the injured worker will be giving up the right to have the insurance company pay for her teacher medical treatment will have to pay for such treatment out of her own pocket or from another source of insurance.

Contact attorney Evan Livingstone at (707) 206-6570 to answer your questions about Workers Compensation.

Personal Injury Cases Settled

April 9th, 2014

The Law Office of Evan Livingstone settled two personal injury cases last week. Both clients were injured in automobile accidents. Attorney Evan Livingstone obtained favorable settlements for both clients who were compensated for the cost of their medical treatment, lost wages, and pain and suffering.

Lawsuit for Forcible Detainer Settled

November 27th, 2013

When a landlord or property owner wants occupants out of his property, he can not use self-help means to do so. Evan Livingstone recently negotiated a hefty settlement for an occupant who was told by a property owner to get out and told the sheriffs the occupants were trespassers. Landlords beware: you have to go through the legal process to evict someone, even if you think the occupant has no right to be there. Self-help evictions will expose you to big liability.

Lawsuit for Dependant Adult Abuse Settled

June 26th, 2013

Evan Livingstone has settled a lawsuit on behalf of his client for misuse of the funds of a dependent adult and breach of duty under a power of attorney.

Lawsuit Against Safeway Settled

May 15th, 2013

We have just settled a lawsuit I brought on behalf of my client against Safeway. My client alleged that a Safeway assistant manager grabbed him outside the store and wrongly accused by client of stealing a sandwich. We filed a lawsuit against Safeway allege battery, violation of my client’s civil rights and infliction of emotional distress. The lawsuit has been resolved with a confidential settlement.