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California Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Personal Injury for California on
Q: How do I go about seeing the police officer or department for the following incident.

A officer rushed me out of my parked rv causing my dogs to get loose after speaking with him he watched as i struggled to get my 3 dogs inside witch resulted in a first ever fight to ensue in witch the officer watched as I screamed for his help as my arm was unfortunately the unintended target of... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 20, 2023

i would "beef" the officer...that is to contact the Captain of the station to explain what happened.

you can also contact your city council and maybe news stations.

if you can't find a lawyer, consider small claims where you can sue.

it is hard to prevail in a...
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1 Answer | Asked in Personal Injury, Civil Litigation, Collections and Small Claims for California on
Q: I won small claims against car wash.

Car wash damaged my truck and I awarded $1,800 at small claims court 6 months ago, however the shop has never pays. what is the best to collect money? Keeper or till tab only? I doubt they have cash more than$500 in the registry box. The shop doesn't own the property, but 20 yrs long term... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

Congratulations on winning your small claims case! Unfortunately, collecting a judgment can sometimes be difficult. Here are some options to consider:

Writ of Execution: This is a court order that allows a sheriff or marshal to seize assets owned by the car wash in order to satisfy the...
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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: I have had numerous criminal trespass incidences upon my property. Cant rely on property management's surveillance.

I am positive of the approximate hours of criminal trespass, I since have made an online vandalism report, called 911 non emergency 6 times, each having 2 officers respond to my request (SWLAPD), now it appears that I am being ridiculed or am receiving bais to the point where 2 times already, two... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

I'm sorry to hear that you are experiencing criminal trespassing on your property and that you feel like you are not getting adequate support from law enforcement or property management. If you believe that you have been subjected to bias or discrimination by law enforcement, you can file a... Read more »

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3 Answers | Asked in Criminal Law, Civil Litigation and Internet Law for California on
Q: I’m getting stalked and harassed from my socials. Should I contront them to have proof I tried to stop it?

I don’t know if that would serve as good evidence that I tried to stop it and that they showed a deliberate intent to keep going. I don’t know if it would look bad on me for asking them to leave me alone and that they’re making me uncomfortable or not. Does anyone know what kind of evidence... Read more »

Bart Kaspero
Bart Kaspero
answered on Mar 19, 2023

Stalking and harassing conduct have specific definitions so it's going to depend on how far the other person goes when it comes to following you on social media versus contacting you on those platforms. For example, if they follow you without making direct contact with you, they are allowed... Read more »

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1 Answer | Asked in Civil Litigation, Contracts and Identity Theft for California on
Q: Is it possible to have attorney for identity theft robbery case number assigned and collection of property?

Robbery filed in San Antonio Texas case number given and robbery case number assigned with Henderson county Nevada. Restraining order on manager Jennifer of macaroni and grill.

James L. Arrasmith
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answered on Mar 19, 2023

Yes, it is possible to hire an attorney to represent you in an identity theft and robbery case and to assist with the collection of any stolen property. An attorney can advise you on your legal rights and options, help you navigate the criminal justice system, and represent you in court... Read more »

2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: What should I do in this situation?

My attorney who is fighting my personal injury/NIED/DISCRIMINATION/emotional distress claim emailed me yesterday stating he doesn’t wish to represent me any more, and he’s not seeking a lien. He sent me my case file and I reviewed it. He didn’t even make it to the discovery phase I don’t... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

I'm sorry to hear about your situation. If your attorney has withdrawn from your case and you no longer wish to hire a new attorney, you have the option to represent yourself in your personal injury/NIED/discrimination/emotional distress claim.

However, it's important to...
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1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: Can I pay a attorney to write a letter of demand for me on my behalf?

Can I pay an attorney to write a letter of demand for a settlement on my behalf, without him being my attorney? I wish to represent myself, but I need it professionally written.

James L. Arrasmith
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answered on Mar 19, 2023

Yes, you can hire an attorney to write a letter of demand for you on your behalf, even if you do not intend to retain them as your ongoing legal counsel. This is commonly referred to as "limited scope representation" or "unbundled legal services."

Under limited scope...
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1 Answer | Asked in Criminal Law, Civil Litigation and Internet Law for California on
Q: My family is being cyberstalked/harassed and defamed through usage of our public records. Is that legally acceptable?

We fear that they may find our addresses and stalk in person. We do not have the finances for a lawyer and are scared to file a report if they are public information the stalkers can use. We don’t know how to protect any of our privacy and feel very vulnerable. Is any of this okay for them to be... Read more »

James L. Arrasmith
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answered on Mar 18, 2023

I'm sorry to hear that your family is experiencing cyberstalking, harassment, and defamation. It's important to take steps to protect your safety and privacy.

In general, public records are available for access and use by anyone, including stalkers or harassers. However, this does...
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1 Answer | Asked in Civil Litigation and Probate for California on
Q: Citable legal authority that permits a conditional stay without requiring an undertaking

What is the citable legal authority that permits a conditional stay without also requiring an undertaking, for an unlawful detainer case pending appeal, after a prior probate trial involving 2 of the 3 beneficiaries challenging the validity of a trust amendment and restatement done by an attorney... Read more »

James L. Arrasmith
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answered on Mar 18, 2023

In general, a conditional stay is a temporary halt or suspension of legal proceedings, pending the fulfillment of certain conditions. In the context of an unlawful detainer case pending appeal, a conditional stay may be granted if certain conditions are met, such as the posting of an undertaking or... Read more »

1 Answer | Asked in Civil Litigation and Contracts for California on
Q: 12/2021son was was detained and held at S A p.d. he called me to bail him out I called Alladyns.

He would get incarcerated he's never been in jail.. I called alladyn Santa Ana,. My sons paperwork has 1 warrant.. bondsman's computer said 2, so I being homeless and in a hardship, in a motel thru city net, thinking I'll pay 2500! during that time I was living off of my EDD. Daniel... Read more »

James L. Arrasmith
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answered on Mar 16, 2023

I'm sorry to hear about your situation. It sounds like you may have been overcharged by the bail bondsman for your son's release.

Firstly, if you have the paperwork that shows there was only one warrant and you were charged for two, that could be helpful in disputing the charges...
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3 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: Any does and don’t’s when pursuing a potential personal injury attorney?

I am in need of a new personal injury attorney, anything you guys know that can help me out any pointers? Things to say, things not to say, things to do, things not to do, anything helps.

Dale S. Gribow
Dale S. Gribow
answered on Mar 16, 2023

you want a local PI Trial lawyer from a good law school with at least 10 years of winning trial experience.

however, whether a lawyer will take the case is another question. Some of my friends will not take a case worth less than $1Million. It is more costly than ever before to handle a PI...
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4 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: Is it possible to sue a attorney for not giving a valid reason why he chose to disengage the representation of a client

Today my attorney emailed me saying he chooses not to represent me in a personal injury type of situation. He hasn’t given me any reason of why he chose not to continue with my claim. He dragged my case on for eight months since the start of my claim and just left me. I don’t know what to do... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Mar 15, 2023

It is not illegal for an attorney to remove themselves from a case without stating a reason. Why? Well... because one day an attorney did just that... they removed themselves from representation for a specific reason. Later another attorney found out that the reason given was wrong. So guess... Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: PI PLAINTIFF in Litigation my attorney withdrew fm case, states still my attorney

The attorney that withdrew a month ago sent an email 3 days ago with documents he said he sent previously but I never received. These documents with deadlines to respond have passed. Included was defendants Depo transcript taken 2 months ago that he indicated he wasn’t go do a depo but did it... Read more »

James L. Arrasmith
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answered on Mar 15, 2023

If your attorney withdrew from your case, they are no longer your attorney and are not authorized to act on your behalf. You may want to contact the attorney and clarify their status and confirm whether they are still representing you. If they are no longer your attorney, they should not be sending... Read more »

2 Answers | Asked in Business Law, Civil Litigation, Collections and Consumer Law for California on
Q: Can I sue a Debt Collection Agency acting as a Lien Enforcement Group that is violating FDCPA daily?

I am sending a cease and desist letter via certified mail to them and aligning my ducks in a row to file a lawsuit against them. I am looking for a lawyer/paralegal who is willing to help guide me through this.

James L. Arrasmith
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answered on Mar 15, 2023

Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from engaging in certain abusive, deceptive, or unfair practices when attempting to collect a debt. If you believe that a debt collection agency is violating the FDCPA, you may be able to sue them in court for... Read more »

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3 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: What should I do? Please help

August 24 I was in a personal injury/discrimination type of situation, I contacted an attorney, he took the case. Then he emailed me yesterday and said he does not wish to represent me anymore????

I feel he was kind of upset because I brought it to his attention about him not keeping me... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Mar 15, 2023

Take your file to another attorney right away. Make sure you are upfront with the new lawyer, what your expectations are regarding communications concerning your case. You can keep interviewing attorneys until you meet one with whom you have a good relationship.

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: Can renters be sued under "cc845" in california for road damage?

El Dorado County unincorporated area

James L. Arrasmith
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answered on Mar 14, 2023

California Civil Code section 845 provides that a person who owns, leases, occupies, or controls real property is generally not liable for injuries to others who enter the property, unless the injury was caused by a dangerous condition on the property that the owner, lessee, occupant, or controller... Read more »

1 Answer | Asked in Business Law, Contracts and Civil Litigation for California on
Q: I’m locked out of my Facebook acct and there’s is NO FB support to contact - but I spend $2k on ads w/ FB & can’t get in

I’m currently running ads that I do not have access to changing or pausing or editing in anyway. Facebook has NO support to help me get back in, I’ve tried EVERYTHING down to even contacting friends of friends who work there to help me. They’ve even filed an internal report and still nothing.... Read more »

James L. Arrasmith
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answered on Mar 13, 2023

I'm sorry to hear that you are experiencing difficulty accessing your Facebook account and ad account. It is certainly frustrating to be locked out of an account without any means of contacting support for assistance.

One option you might consider is filing a complaint with the Better...
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1 Answer | Asked in Business Law, Civil Litigation, Identity Theft and Child Custody for California on
Q: TMobile has been selling my information without my consent. To developers and marketing people to make money. It has put

It has put me in danger. My personal life. I have stalkers,I've been sexually assaulted. Etc. My identity has been stolen,I've lost my house my cars, my kids temporarily on allegations. I need a lawyer

James L. Arrasmith
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answered on Mar 11, 2023

If you believe that T-Mobile has sold your personal information without your consent and that this has resulted in harm to you, you may have legal options to seek compensation for your damages.

Here are some steps you can take:

Consult with an attorney: It's important to speak...
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1 Answer | Asked in Civil Litigation for California on
Q: A FOIA request for public documents was filled with fraudulent documents twice. Existing documents are being blocked.

I am being blocked from obtaining public documents that would support my claim against the city. Twice I have been presented with fraudulent documents. Am now being blocked from obtaining the existing documents that I requested through the FOIA. How can I force the agency to provide the documents... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

If you have made a FOIA request for public documents and you believe that the agency has not provided you with the documents you requested, or has provided you with fraudulent documents, there are several steps you can take to try to force the agency to provide you with the documents you are... Read more »

2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: I was walking down the street at 2 am and a police unit pulled up next to me and the officers jumped out and pretty much

decided that i was someone named Joel even though my name is Jon and that i matched his description. they then drove me to the hospital where a another unit was there and a spotlight was turned on me and another cop said the word affirmative. they then told me that i was guilty of beating my... Read more »

John Michael Frick
John Michael Frick
answered on Mar 11, 2023

Yeah, I would definitely have plead not guilty if the facts are as you describe.

No one would plead guilty under those circumstances

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