I got sued after a minor head to tail car accident. The plaintiff was fine at the time of the accident and is now claiming they got injured due to the accident. My insurance company refused to settle for the amount the plaintiff claimed and so the plaintiff sued for a much higher amount (over my... View More
Most cases do not get to trial, but occasionally one does go to trial where the parties are unable to reach a settlement. Your insurance should still defend you in the case and can only offer a settlement up to the policy limit. If plaintiff does not agree to take the policy limits (assuming the...View More
I was parking at a store and when I was leaving my vehicle a man who was not in police uniform approached me and stated that my tags were expired and requested my driver’s license. I asked who he was and he responded “ I’m an officer “ and held up a badge hanging from his necklace. Keep in... View More
I would need some more facts/details from you regarding this incident, but it appears based on what you have stated here that your civil rights may have been violated and you may have a civil case for either discrimination or police harassment/brutality (and possibly battery, use of excessive...View More
So we the plaintiffs filed a legit solid Small claims case, Defendant in returned files illegal retaliatory UD. The Courts were bias in dealing with plaintiffs, this included misplace docs by clerks, ultimately allowing the defendant to establish and execute a unfair advantage for themselves in... View More
In CA small claims court, your remedy if you don't agree with the ultimate judgment rendered is to appeal that judgment, which gives you a new trial on the issues with a different judge. Small claims courts don't hear motions for reconsideration of their judgments/orders. File your...View More
In California, following service of the complaint (or an amended complaint), you must file the Proof of Service with the court. Defendant has 30 days from the date s/he was personally served (add 5 calendar days if service was by mail - which is rare - or 2 court days if served via fax or email...View More
Yes, you may send a demand letter to the registered agent for a corporate entity. In fact, I make it a practice to do so prior to filing suit, and in CA if your claim is under $10,000 and within the jurisdiction of the small claims court, you are required to send a written demand for payment prior...View More
I have a Civil Restraining Order that protects me from continued harassment by neighbor. He has since installed additional cameras that record my swimming pool, back patio, and inside of my bedroom window.
The terms of the restraining order will typically dictate the limitations on what the person restrained can and can't do. If it specifically states that invasions of privacy are prohibited, then you can ask the court to enforce the order and issue sanctions or hold the person restrained in...View More
The guy accusing me is currently is in a divorce proceeding . I’m giving shelter to his wife who is deathly afraid of him . He is doing everything to destroy my reputation. I have his accusations in writing
Yes, if he is making provably false statements to third parties, that constitutes defamation (libel because they were published in writing); and because his statements tend to subject you to public hatred, ridicule, or contempt just by his making them, they constitute defamation per se entitling...View More
Which is Darden and I told them about it. They agreed to reimburse me after I gave them the cost of reimbursement from my dentist. Months past and didn’t see a check yet. After calling them 100 times they finally answered and said they thought they sent the check out and that they were sry and... View More
For basic property damage claims, you have 3 years from the date of the damage (i.e. when they threw the retainers away) to sue. For the shifting of your teeth, that would constitute a personal injury claim (although it may be tenuously connected to your property damage claim), and for PI claims...View More
About 2 years ago I reached out to a beverage company about my interest in working with them to redesign their package. The company is owned by a major parent beverage company. I sent them some concept ideas I had for them to show them the kind of work I do. The company responded and said due to... View More
It really depends on how you presented the sample concept idea to them. If you told them it was just a possible design, but that you reserved all copyright and other legal rights to the design, then they used it, they have violated your copyright. But if you gave it to them freely without any...View More
As a General Contractor in North Highlands, California, I'm dealing with a client who demands work beyond our contract's scope, with expectations exceeding standard industry practices. Despite nearing completion, they refuse to sign change orders for the additional work. Concurrently,... View More
A mechanic's lien is very powerful for a contractor in your situation. It will force the owner to either pay you what's currently owed, or you can enforce your lien against their property in court, and recover the court costs to do so and interest on the amount you are owed. I suggest...View More
If a person believes that some criminal actions had been going on against him such as unlawful defamation with false claims, violent criminal assault in making extreme noises to disturb peace and in obstructing his path through a hallway (the violent manner and actions could be deemed as false... View More
The key to Penal Code section 632, which prohibits the introduction into evidence and makes it a crime to record another person without consent, is that the communication recorded must be a "confidential communication" as defined in that statute. So if you are recording the other person...View More
I could not find an attorney to represent me to sue the landlord who breached the contract (Covenant of Quiet Enjoyment) for landlord's harassments, retaliations and racial discriminations against us... For the sake of the Statute of Limitations, I need to rush in submitting the pleading in... View More
Yes, you can file the lawsuit as a "pro per" plaintiff (representing yourself). An attorney can then be retained to represent you, and you will then file a Substitution of Attorney form indicating the new attorney's name/signature. The complaint you file can be amended without...View More
The owner of property is only liable for injury resulting from a dangerous condition on their property of which they were aware or reasonably should have been aware. So if it can be shown by the victim that the owner was aware of a dangerous condition that posed a significant risk of injury and...View More
Since i complained to( jiffylube Alamito enterprise) after jiffylube damage my car I been harass and retaliate by jiffylube they hacking my email,file fake police report against me 2 days ago I received an email from jiffylube I open it all my email got deleted. I have pictures and evidence... View More
If Jiffy Lube has damaged your car, you can file a lawsuit for the property damage, possibly breach of contract if they gave you a contract for the work they were doing and their actions constitute a violation of those contract terms, as well as for a civil harassment restraining order for the...View More
As I walking on the treadmill, I tried to tell a girl who used it wrongly and dangerously. The girl did not hear me as she put on the headphones. I did not notice the warning light. A few minutes later, I was panicked and stopped the machine which was wrong. I should have slowed down the machine... View More
I agree with Mr. Gribow. Consult a personal injury attorney who will review the contract you signed with the gym. If their machine was defective they cannot just tell you they're not liable. You usually cannot waive liability for their negligence or for a defective product.
Partner and I were both struck by a vehicle, driver refused to give us information until the cops got there, the police arrived while we were both being driven away in the ambulance witnesses state he did have insurance, cops took down all information except for who his insurance company is. We... View More
I would send a demand letter to the driver's address informing him what your injuries were and that you intend to sue him for personal injury unless he provides his insurance information. That will usually get a driver to cough up the insurance so they don't have to be personally liable...View More
I was involved in an accident on US 101 where a big rig that was in front of me came to an abrupt stop to avoid hitting a few dogs that ran in front of him on the freeway. I was only going 40 miles an hour, it was foggy and by the time I realized that he had come to a complete stop it was too late... View More
The basic speed law you were cited for violating provides: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which...View More
This may be an unfair business practice, breach of contract and breach of the covenant of good faith and fair dealing, depending on more facts. Was there a written contract for the job? If not, were the terms of an oral agreement later referenced or set forth in an email/text? Was the contractor...View More
The Contractor is stating I still owe him the balance on the contract so he will not fix any issues until that is paid. The CSLB states that the same issues should not be filed in a civil suit but the Contractor has now filed a civil suit in Superior... View More
It depends. Does the contract with the contractor provide that all disputes be resolved by binding arbitration? Who referred you to binding arbitration? You can file a motion to strike (or demurrer to) the Superior Court complaint based on the binding arbitration provision in the contract, but...View More
I'm filing for claim and delivery or replevin in California in order to get my dog back from the vet who did not notify animal control and then gave him away. If claim and delivery is a prejudgement remedy, why would I need a case conference?
Case management conferences are assigned by most courts upon the filing of most civil suits. Even though your requested relief is a prejudgment remedy, the court's case management system may automatically assign a CMC date.
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