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 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

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

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

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

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

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

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

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

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

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.

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

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

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

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.