Defendants have a website, and that website is the only place the Plaintiff can get documents to support their complaint against Defendants. Defendants continuously state that Plaintiff's show no documentation of anything. Defendants have had Plaintiff's locked out of their account for years, and... Read more »
You need to utilize the discovery process. You do not have to have a trial date set to start discovery. A Plaintiff can start discovery 10 days after the Complaint is served and up until the discovery cutoff date, which is a fixed number of days before trial. No trial date, no cutoff. If the...Read more »
The defendant is harassing me to file an EJ-100 (in Alameda, CA) which she was not entitled to as she still owed about $1000. I decided to file the EJ-100 (but did not notarize the form) is it wasn't worth trying to collect the debt. Do I need a notarized version? She is demanding that I also... Read more »
On number one, the ship has probably sailed on that. you don't generally get do overs in Court. If you do it wrong the first time, you have to live with the consequences. An appeal can be possible, but only if the Court erred, not if you did. As for the rest, follow the Court order. I can't...Read more »
Dad left a will that my step mom stay in the house till she passed. She passed away . Now his other will sates house is to be sold and divided with all 7 children. what rights myself as his daughter do I have?
The executor of the estate should sell the house and distribute the proceeds. You have the right to challenge the will, if you have some reason to believe it was legally invalid, but in doing so, you may run into a common clause in wills that if you challenge the will, you are disinherited (if you...Read more »
My mother purchased a computer for my son to use at my house. It wasn’t working correctly so he asked if he could take it and work on it and bring it back. I don’t know how to fix it so I told him by this past Monday to have it back. He said fine. I also told his father. My mom told him... Read more »
Not much in a practical sense. You could file a small claims action, but that may not be worth the time, money, and effort it takes to go through the exercise of it all. Your best bet is to deal with the situation yourselves and work it out. I realize that may not be possible, but it is your...Read more »
by Sierra Pacific Industries who sprayed 1000's of gallons of Agent Orange on their property adjacent to me. I suffered 21 days breathing this toxic soup and now suffering from Emphysema and Chronic Bronchitis. I have filed suit on time in El Dorado county and need help! This was the second known... Read more »
We are not allowed to personally solicit or give referral information in these forums. You can search this site for attorneys, however, and a number of other similar sites. You want to find a personal injury attorney in your area and get a consultation. She can tell you whether you have a viable...Read more »
I did not know about this contract signed 11/2018 , until friend sent photo of panels on home. Sister passed 2019 , now I'm dealing with this. Solar company says they only needed one signature. I told them without co-owner signature ? They said yes. Told them they should require both home owners... Read more »
A co-owner has rights to the undivided whole of the property and could sign such a contract. What you need to find out is if the contract was secured by your real property. If it was a secured loan, then the solar company can ultimately force a foreclosure to get their money out, subject to any...Read more »
Can a defendant sue in a probate case if the complaint is based on Known libelous statements that was proven to be libelous in an unrelated harassment order case where the defendant in the current probate case was the plaintiff & the witness for the plaintiff in the current probate case was the... Read more »
The standards are different for restraining orders than they are in a civil probate matter. When in doubt in a restraining order situation, the Court errs on the side of caution and grants the restraining order. In a civil matter, you have to prove more likely than not you are correct, and are...Read more »
He can ask, and if you start paying the debt, you can "reaffirm" it, and then the debt becomes live again. If you do nothing, it remains outside of the statute of limitations, and you have an ironclad defense if they attempt legal collection. In all likelihood this attempt to collect a stale debt...Read more »
loss prevention accuse my husband I'm trying to run him over and my husband was charged with assault with a deadly weapon out of the six videos that was given for evidence only one could be open for trial he also testified against my husband. my husband lawyer requested a retrial because of these... Read more »
Most security systems automatically overwrite prior footage after a certain time, say two weeks. This happens automatically unless someone specifically saves footage. Loss prevention may or may not have had a duty to save its footage depending on whether it knew there was an active case that...Read more »
During a scheduled Demurrer hearing, the Plaintiff's were live via a Court-Call hookup. The Plaintiff's waited for 54 minutes for the Defendants or their attorneys to appear, neither did. This 54 minute wait included the judge having the Plaintiff stand by to see if Defendants showed up.... Read more »
The Plaintiff likely did not show up because there was no opposition. It is also likely that the Court had made a tentative ruling. In most jurisdictions, if no one calls to contest the tentative, and notifies the court and opposing counsel of its intent to appear, then the tentative becomes...Read more »
First thing, if you are not an MD do not hold yourself out to being one, directly or indirectly. For instance "psychiatrist" suggests a medical license. There are a number of paramedical professionals with degrees . You do not want to be confused for claiming a degree or license that you do not...Read more »
I rent 2 rooms in a house, but my rental agreement specifies I have nonexclusive use of the two rooms. Do I still have an expectation of privacy and quiet enjoyment? Can my landlord use this wording to restrict guests?
This sounds like a lease that an attorney did not draft. But it says what it says, so you need to deal with it. Your lease gives you a right of possession to some real property. If it is non-exclusive it means that you cannot exclude another party who may have possessory rights too (this is...Read more »
I sent a text to my ex from my new number apologizing for my past I said I hope she is doing well then received a text back saying if I keep contacting her I will get a restraining order but I haven’t tried contacting her in the past 2-3 years
She can always seek a RO. Anyone can. Whether it will be granted is another story. It depends entirely on your history and that of your relationship with your ex. If I were you, I would stop any further contact. If you absolutely have to say something, say that you will respect her wishes and...Read more »
We purchased an occupied multi-family property, however the previous property owner did not provide us with copies of the tenants' lease/rental agreements. How can we obtain copies of these agreements? Are the tenants obligated to provide copies to us? If not, is there any other source? Do we have... Read more »
Great question. Your first step should be asking the seller for the agreements. There is a decent chance that the purchase and sales agreement you used to buy the property requires them to provide this information. That failing, you can always ask the tenants. Just be aware that you are bound...Read more »
The state gun laws do nothing for the law abiding citizen and make it easier on criminals to attack citizens. I feel discriminated against as a law abiding citizen. The people responsible for making every gun law don't have enough knowledge and experience with firearms. I've recently just found out... Read more »
You can challenge a law as being unconstitutional if you have been concretely and particularly injured by the law. The interpretation of the Second Amendment is in question right now, and there is a great deal of litigation involving the interpretation and extent of the Amendment.
You can never know how much attention the Court gave to your papers. If they were properly filed ad formatted, then the odds are quite high that they were fully considered. The opposition is generally due 9 court days before the hearing (start at the hearing date, don't count the hearing date,...Read more »
My ex has kids Tuesday night and he drops them off at school Wednesday morning and I pick them up at 3pm. During thanksgiving break what time should he drop kids off to me 8am or 3pm. In courts paperwork it stats during school breaks parents day overrides breaks. Does that mean it’s my... Read more »
It really depends on the specifics of your custody agreement. The devil is in the details. I would generally assume, absent some language to the contrary, that when the parent would drop off the kids at school is when they should drop the kids off at the ex's place on a holiday. If you are...Read more »
I filed an action in the Orange County California Superior court in July of 2018 and just got a default judgment against a California LLC from that court for over $80,000. The LLC filed its dissolution on November 28, 2018. I believe the members are liable under California Corp code 17707.07(b)... Read more »
You can, in some instances, add a person to a judgment as an alterego of the judgment debtor, but this is irregular and not common. The whole point of an LLC (or any corporate form) is Limited Liability. The corporation is liable but the members are, by default, not personally liable for the...Read more »
During a short while a start up company I allowed them to charge money to my card and reimburse me for it. After I left there was some questionable charges that turns out to be things they reimbursed me for and they are demanding the money back. The total was around $1980. Can they do anything for... Read more »
If you reported the charges as fraudulent, and the charges were reversed, AND your former colleagues reimbursed you for costs you didn't actually incur, then you have gotten something for nothing. You got reimbursed for money you didn't spend. Your former business partners have a claim for...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.