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Civil Litigation/Breach of Contract
answered on May 10, 2024
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
It was a verbal agreement, although there are texts to prove it. I had the payments on auto-pay through zelle. It's a fairly small amount monthly.
He told me he sold what I had in there(which was absolutely priceless to me and worth over 50 grand to someone who wouldn't have... View More
answered on Apr 10, 2024
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
I hired an unlicensed "contractor" on the recommendation of family members to do a bath and kitchen remodel. After paying him more than $10,000, I fired him because of the poor quality of the work he did on the bathroom remodel and the kitchen planning. The bathroom has to be completely... View More
answered on Jan 29, 2024
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
I live outside the US, I want to sue a Tennessee based corporation. Tennessee federal court doesn't offer online appearance. Can I sue them in Federal court of California?
answered on Jan 26, 2024
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
We accidently propounded over the 35 request limit but the defendant has not answered any requests OR posted any objections after the due date, since they waived all rights on the discovery and have failed to produce responses can we just waive the set and re propound?
answered on Dec 8, 2023
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
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
answered on Nov 16, 2023
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
answered on Nov 13, 2023
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
answered on Oct 20, 2023
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
What forms do I file next, or do I wait for an answer? CMC is set for 3 weeks from now
answered on Oct 19, 2023
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
They have a registered agent. Can I send a demand letter to them. I want to see if they are willing to settle before I sue them.
answered on Sep 28, 2023
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.
answered on Sep 13, 2023
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
answered on Aug 24, 2023
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
answered on Jul 28, 2023
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
answered on Jul 27, 2023
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
answered on Jul 27, 2023
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
answered on Jun 22, 2023
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
answered on Jun 22, 2023
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
answered on Apr 12, 2023
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
answered on Apr 4, 2023
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
answered on Jan 23, 2023
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.
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