Get free answers to your legal questions from lawyers in your area.
In California, does the statute of limitations for a malicious prosecution lawsuit begin when the original, allegedly baseless case is dismissed?
answered on May 17, 2024
Generally speaking, a cause of action exists once all of the elements have been committed. In the case of malicious prosecution, if the defendant obtains a dismissal on the merits of the claim, usually the cause of action arises on the entry of the dismissal. So the answer is yes. But remember,... View More
with anything. They left my store wide open. They gave 2 pages of a 33 page search warrant and gave no receipt for anything taken.
Can I recoup ANY of my damages or money and property they stole?
answered on May 9, 2024
I suggest you contact the lawyer of your own choosing, and without any delay. If I were you, I would focus on finding a criminal defense lawyer or a civil rights lawyer with experience handling unlawful search and seizure cases. Time is exceedingly important in cases of this nature, and you should... View More
Defendant has requested a jury trial and has posted the jury fee. As the plaintiff, I also seek a jury trial. May I inquire whether I need to post the jury fee separately?
answered on May 9, 2024
The previous lawyer's response is erroneous. He should have clarified whether he is admitted to practice in Washington, D.C., where you are apparently located. His answer based on California law may be inapplicable to your situation, and could even lead you to make decisions which are not... View More
my partner and I is currently staying at the shelter family housing facility name is Sorority, Encountered recently staff entering our room without knocking identifying of his entry he unlocks the door with the key about three times, my partner was not fully dressed the time of his entry. The... View More
answered on Apr 29, 2024
Because you are staying in a shelter, you and your partner may not enjoy the same rights of privacy as you might expect if you were living in a rental unit in which you are a tenant. The fact that you are in a shelter should mean that you have at least a minimum expectation of privacy in your... View More
I left for military sometime in 2021-2022. I am a reservist. I would usually give verbal or a written note or just show my orders or some type of document. When my new operational manager showed he required me to go through a third party called hartford for military leave. Even wrote me up for not... View More
answered on Feb 7, 2024
For the quickest relief, you can contact the Labor Commissioner, who is charged with making sure all employees are getting paid what they are due. Here's their website: https://www.dir.ca.gov/dlse/
Look for the link to file a claim for wages or other benefits due you. The Labor... View More
I worked at a job for a little over a month but after an altercation with a coworker, my hours were reduced to none without any explanation. The altercation was nothing more than a loud argument that resulted in the coworker and I being face-to-face with one another. Without an explanation, my... View More
answered on Dec 18, 2023
You can contact the California Labor Commissioner, who will investigate and take action if necessary and appropriate. You should prepare a chronology of the events, list all your witnesses and keep all your important documents, which you will copy and make available for their investigation.... View More
the boss was chef and the wife was cashier. the kids ran as floaters. i never called out always there on time. i did everything there. the daughter for some reason was picking on me. pointing things out to her father to where he was now yelling at me. one day he approached me to tell me not to make... View More
answered on Nov 13, 2023
What you can do right away, is contact the labor commissioner of the state of California. Their only job is to protect workers and to make sure that their rights are secure. You can reach the Labor Commissioner on the web here: https://www.dir.ca.gov/dlse/
Report what happened to you, and... View More
I suffered a TBI from a hit-and-run/vehicular assault. Since I was homeless at the time, the police protected the drivers identity, withheld report until 1 month after statute expired. Neglected and ignored at the ER for same reasons, discharged me at 3:30 am, given a bus token and donated clothes,... View More
answered on Nov 8, 2023
The sad fact is that there is nothing I can tell you that will help you improve your situation. You waited too long. Unless you were in a coma, and have medical documentation to prove it, and you regained consciousness less than two years ago, and it has taken you this long just to learn these... View More
My father and mother are fostering my children through cps case. They are keeping my children from talking over the phone to me. Is this legal? There is not a court order preventing me from talking to them. What can I do ? I am writing to bring to your attention the false allegations made against... View More
answered on Oct 3, 2023
You need a good lawyer to help you. I should tell you, however, that volleyball practice is never an acceptable alternative to meeting with the people who are deciding your fate regarding your children. My advice to you is not to rely on something like that as an excuse to miss an important meeting... View More
Them i was a drug dealer and im making transactions out of our facility and i was a bad person. I dont kno why they make up such thing i dnt sell or do drugs i have a clean record never failed a drug test. Its embarrassing i feel humiliated and works not the same no more. Can i sew the police... View More
answered on Oct 3, 2023
The Los Angeles County area has more civil rights lawyers than most other locations. You should do some research on lawyers who handle such cases, and then start calling some of them to see if you can get a free consultation on whether you have a case or not. Start calling and talking to law firms... View More
I am constantly being harassed by my downstairs neighbor whom I don't know can't identify and don't know their name a police report has been made once I called multiple times after that no response property management has been notified multiple times verbally and in writing nothing... View More
answered on Oct 3, 2023
You don't need a lawyer to file a civil harassment claim against your downstairs neighbor. There are self-help tools on the court website, (https://www.courts.ca.gov/forms.htm), specifically civil harassment forms which you can fill out yourself and file. If you go to the website, look at... View More
answered on Sep 26, 2023
You need to supply a lot more detail to allow me to answer this question.
The best thing you can do is to prepare a chronological detail of all of the events. Identify all witnesses, and include their personal information like telephone numbers, etc. Assemble all of your documents, and... View More
Comprehension of why he’s there he still looks physically swollen his face eyes head he went to court and they have suspended his charges but still has to stay in there to be evaluated by a psychiatrist of him being incompetent due to his injuries they acknowledge that he has suffered brain... View More
answered on Sep 5, 2023
Your brother has the right to legal counsel, and he should be directed to a lawyer who can help him. You can check with the local district attorney's office to see what victim's benefits might be available to him. Talk to the DA's office to see what, if anything, they are doing to... View More
i work for a company they gave me an offer letter with how much i will be paid, i left my job to work for them to get a certain pay after 30 days probation they were supposed to give me more every month after i asked for it they started treating me badly and took away all my store i was allotted to... View More
answered on Jun 29, 2023
I suggest you contact an employment attorney as soon as possible. Do not sit on your rights. You can find good lawyers at the California Employment Lawyer's Association (CELA). You can look up their website.
I suggest that you prepare a chronological statement of what happened to you,... View More
What's the Statue of Limitation for Civil Lawsuit against another person's sexual harassment in CA? It is about a case between two neighbors in an apartment building, not at the workplace. So, during the past two years, that has been for the problem of pandemic, all the Statues of... View More
answered on Jun 2, 2023
In the case you are describing, you probably have two years from the date of the first harassment within which to bring legal action. It is suggested that you prepare a chronology of the events, explaining who, what, when, where, and how the harassment took place, and supplement that with all the... View More
Other database. How can I make sure information is authentic in what I'm receiving and what they are distributing?
answered on May 21, 2023
It is a crime to alter or change a police report, so any officer providing you a copy cannot change the substance of what is reported. You are entitled to rely on the accuracy of any official police report which is provided you. If you were told that the original police report was altered or... View More
I've SUFFERD physical and mental trauma from the police officers in my county whom took advantage of my background, I'm a dv victim and these discriminative police officers detained me and violated my civil rights. I've been criminalized by their acts of violence and they have tried... View More
answered on May 21, 2023
You should contact a lawyer as soon as possible. Before you do that, however, prepare a chronology of events, starting with the beginning, and bring it up to the current time. Then collect all your documents, and make copies of them all. Then contact an attorney to advise you, make copies of all of... View More
Every was arrested in the car my boyfriend had a warrant for his arrest for failure to report with his probation officer. My boyfriend does not live here with me this is not his residence his residence is at his father's his probation officer has his primary address down as his father's... View More
answered on May 3, 2023
Police officers need a warrant to search your home. You should not have allowed them to come inside your front door without a search warrant. However, once you let them in, they can look at whatever is in plain sight. Never assume anything, particularly when it comes to police officers approaching... View More
He has and is being bullied and the school is not following protocals and or protecting him. They even lied to police and did not turn over evidence. They are now telling teachers not to speak to me and lieing about incidents that happen. They are not addressing the problems. He has learning... View More
answered on Apr 22, 2023
You need a lawyer with expertise in representing children with disabilities which affect their ability to get their education. This is a very highly specialized field, but there are lawyers who do handle these kinds of cases. I suggest you search in the Bay area for an attorney or law firm which... View More
Temecula is very anti-LGBTQ, so I worry about the mental health of queer youth, especially since I know there are council members who are trying to (or already succeeded in, not sure) outlaw celebrating minorities (black history month, pride month, etc.). From being a resident for 20 years, I know... View More
answered on Apr 20, 2023
You can post your signs on private property, but not public property without their consent. You may want to enlist as many private property owners as you can to allow you to post your signs on their properties, including vacant lots if you can get the property owner's permission. You... View 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.