It depends on whether the court has ordered them to amend, for example after a demurrer was sustained or a motion to strike was granted. If the court issued one of these orders (e.g. demurrer sustained with leave to amend), the order usually says how long they have to amend their cause of action.... View More

Any civil litigation attorney should be able to handle a lawsuit asserting a cause of action for conversion of your personal property and breach of oral contract (provided the breach occurred less than 2 years ago). The text messages, so long as they confirm the material details of the agreement,... View More

In addition to what Mr. Arrasmith said, there are specific statutes in CA that provide remedies and civil penalties for those who have hired unlicensed contractors. These state that you are permitted to recover all money you paid to the unlicensed contractor regardless of whether you knew they... View More

It will depend on many factors. First, did this corporation conduct business in CA? Were you in CA when an agreement was entered into or breached here? What does that agreement say re choice of jurisdiction. If you wish to sue a TN corporation in CA federal court, you will likely need to show... View More

If the due date for a response to the discovery has passed, you are entitled to file a motion to compel responses (but only up to the 35 question limit) and seek monetary sanctions for failure to respond. If the deadline for responses has not yet passed, then yes you can withdraw discovery... 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

If you feel you are being treated unfairly by a judge, you may file a motion to disqualify the judge per Code of Civil Procedure section 170.6. Follow the instructions in the code section and ensure the motion is served and filed timely.

The property damage claim should be handled by the police insurance (perhaps they're self-insured through the city/county or state). Contact the department who hit you and pursue a claim through them.

Hello. In order for an attorney to consider whether to take your case on a contingency basis, they will need significant details about the case, your position and the other side's actions, including dates and specific misrepresentations made that form the basis of the fraud claim.

First, check the court's tentative ruling after 2pm the day before the CMC. My guess is that if some defendants have not yet responded to the Complaint the court will continue the CMC to a later date. You don't necessarily need to have responded to all demurrers by the CMC, but usually... View More

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.

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

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

Of course. You may always negotiate the amount of the contingency fee with your lawyers. They may not wish to re-negotiate the fee amount, however, and you may be left with the choice of discharging them if they do not meet your requested amount.

Yes, if you have both state and federal causes of action, they must be filed and heard in federal court. The federal court will apply state law to the state causes of action.

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

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

Sounds like all you need is an attorney proficient at contract language review who understands the import and effect of and can interpret/explain the various contract clauses to you in plain language.

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