A specific date and filed stipulation for entry of judgment with the court in California. If the day comes and I still can't find a place to live can I ask the court to let me stay longer?
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answered on Apr 27, 2024
In California, if you and your landlord have agreed upon a move-out date and filed a stipulation for entry of judgment with the court, it is generally expected that you will adhere to the agreed-upon terms. However, if you find yourself unable to secure a new place to live by the specified date,... View More 
As per Cal. Code Civ. Proc. § 116.220, in 2023 small claim court has jurisdiction for recovery of money if the amount of the demand does not exceed $5000 when the plaintiff is a corporation. If the exceptions in subdivisions (c), (e), and (f) do not apply, how can the defendant challenge the... View More
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answered on Apr 27, 2024
In this scenario, if the small claims court granted a judgment in favor of the plaintiff corporation for $7,500, which exceeds the jurisdictional limit of $5,000 set by Cal. Code Civ. Proc. § 116.220 for corporations in 2023, and the exceptions in subdivisions (c), (e), and (f) do not apply, the... View More
What can I do if my attorney had his license suspended after we won the oda from the labor commissioner
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answered on Apr 26, 2024
If your attorney's license was suspended after you won the Order, Decision, or Award (ODA) from the California Labor Commissioner, and your employer has appealed the decision, you have a few options:
1. Find a new attorney: You can seek a new attorney who specializes in employment law... View More
I received a subpoena to appear in court to "answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the judgment debtor." I know the Judgment Debtor, but have no property of theirs in my possession or control and no debt I owe them. I... View More
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answered on Apr 26, 2024
In California, a judgment creditor has the right to seek information from a third party about a judgment debtor's assets through a debtor's examination. However, the judgment creditor must provide a basis for believing that the third party has relevant information.
According to... View More
Ex parte for stay of judgement, rejected myedical emergency discharge papers
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answered on Apr 26, 2024
I'm sorry to hear you are dealing with this difficult situation. Under California law, there are a few potential options to delay or prevent an eviction while appealing an unlawful detainer judgment:
1. File a petition for a writ of supersedeas with the appellate court. This will... View More
Defendants in a civ case in a fed dist, where a LR requires good-faith meet&confer efforts prior to filing motions, sent me, plaintiff, a meet&confer letter, before they filed a motion-to-dismiss, that appears to want to have it both ways. Their meet&confer letter outlined their... View More
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answered on Apr 25, 2024
In assessing whether the defendants have met the "good faith" requirement in their meet and confer efforts, it's important to consider the overall intent and openness conveyed in their communication. The phrase “my way or the highway” does suggest a certain rigidity, which might... View More
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answered on Apr 25, 2024
In California, you have the option to find legal assistance through attorneys who work on a contingency basis or through pro bono services, depending on your case type and financial situation. Contingency means the attorney is compensated only if you win your case, usually taking a percentage of... View More
We filed an unlimited civil complaint as an unrepresented plaintiff. CMC is coming up in 2 weeks. We are putting together oppositions to demurrers, and discovered we need to file amendments to the complaint (and may need to add a couple more defendants unless that means we have to refile the whole... View More
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answered on Apr 23, 2024
In California, if you plan to amend your complaint in response to a demurrer, you generally have the right to do so without leave of court as long as it is your first amendment and you file it before the hearing on the demurrer or before the deadline to oppose the demurrer, whichever comes first... View More
A policy was not in place since 2010. I commenced my studies on January 30, 2023, and a new updated policy was released on January 31, 2023. I consulted with the former HR manager, who is no longer employed by the company, and they advised that the policy was undergoing revisions and that I should... View More
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answered on Apr 22, 2024
Based on the information you have provided, it seems that you may have potential legal claims against your company under California law. Here are a few key points:
1. Breach of contract: If the company had a policy in place offering tuition reimbursement, and you relied on that policy when... View More
Witness made false statements in a declaration under penalty of perjury. There is evidence, documents produced by the same witness in the same process, showing that the witness declaration is false. Per PC 118, the witness "is guilty of perjury". Can I file mtn for order to show cause why... View More
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answered on Apr 20, 2024
Under California law, dealing with perjury in a civil case through contempt proceedings can be complex. Perjury, as defined under Penal Code 118, occurs when a witness knowingly makes a false statement under oath. If you have evidence that a witness has committed perjury, it's crucial to... View More
My husband is 100% service-connected disabled veteran. We tried launching a business and failed. We just had a baby girl, and I am not working, we have two claims against my husband. What can we do, we are not trying to escape the debt, but at this time we have no money to pay them in full and the... View More
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answered on Apr 20, 2024
In California, there are civil attorneys who handle credit card debt claims, including those involving disabled veterans. These legal professionals can help negotiate with creditors to possibly reduce the amount owed or set up manageable payment plans. Given your husband's status as a 100%... View More
I am a personal example of the Jon Stewart company I have not had a complaint in 2 years but I constantly had problems with the property manager because I'm willing to stand up for myself against her accusations bullying harassment and tracking people with the cameras So I'm curious how... View More
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answered on Apr 20, 2024
The situation you describe with the John Stewart Company sounds very concerning and stressful. It's disheartening to hear about the challenges and mistreatment you've faced as a tenant.
Unfortunately, many large property management companies are able to continue operating despite... View More
I own a business that is incorporated in California. I was recently served with papers informing me that I'm being sued regarding a breach of contract. I am located in San Bernardino County. I tried to file my response to the court case and they said I could not file it because legal counsel... View More
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answered on Apr 18, 2024
Under California law, a corporation must be represented by a licensed attorney in court proceedings. This rule applies even if you are the sole owner of the corporation. The reasoning behind this is that a corporation is considered a separate legal entity from its owners, and representing a... View More
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answered on Apr 17, 2024
In California, FTA typically stands for "Failure to Appear." This means that a person did not show up for a scheduled court date or hearing as required by law. To find out the specific reason for an FTA, you can take the following steps:
1. Contact the court clerk: Call the... View More
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answered on Apr 16, 2024
From a legal standpoint, whether the rent increase is allowed depends on a few factors:
1. Type of lease agreement: If you have a fixed-term lease, the landlord generally cannot raise the rent during the lease term unless the lease agreement specifically allows for rent increases. If you... View More
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answered on Apr 15, 2024
If you won a civil forfeiture case in California but never received the proceeds, here are a few steps you can take to claim the funds:
1. Review the court documents: Carefully review the court order or judgment that awarded you the proceeds from the civil forfeiture case. Make sure you... View More
I hired an attorney on Upwork and paid him on Upwork. He disappeared, stopped responding, and due to the statute of limitations I am now out 100's of thousands on the claims he was working on for me. After some research by the Texas State bar and an attorney they have put on this issue, he is... View More
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answered on Apr 15, 2024
Based on the information provided, you may have a potential claim against Upwork for negligence. However, the strength of your case depends on several factors, and it is essential to consult with a licensed attorney who specializes in such cases to evaluate your specific situation.
Here are... View More
There is a multi party personal injury claim where I was a previous plaintiff. I dropped my portion of the claim recently against the defendants and I am no longer party to the case. The civil suit is still ongoing with the other plaintiffs. I would like to file a declaration to the court, now as... View More
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answered on Apr 13, 2024
In your situation, since you are no longer a party to the ongoing case but have relevant information to provide, you have a few options to consider:
1. Declaration as a third-party witness: You can file a declaration with the court as a third-party witness. This would involve providing a... View More
The defendant failed to respond to the interrogatories, and the court subsequently granted our motion to compel. However, they have not yet complied with the court order.
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answered on Apr 13, 2024
Here are a few options for next steps when a defendant fails to comply with a court order compelling discovery responses:
1. File a motion for sanctions: You can file a motion requesting that the court impose sanctions on the defendant for failing to comply with the order to compel.... View More
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answered on Apr 12, 2024
To locate a current case in California involving causes of action for conversion and intentional interference with prospective economic interest, you can follow these steps:
1. Visit the California Courts website at www.courts.ca.gov.
2. Navigate to the "Opinions" section,... View More
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