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California Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation, Civil Rights and Education Law for California on
Q: My children and I are homeless and considered McKinney-Vento. CIF is impeding my kids sports. What are my legal options?

I lost my job. Could not afford my rent, moved to my RV and was sent to Families in transition for support. During this time I been trying to get my kids eligible for sports. The CIF keeps probing questions of my previous school and wants the old managers contact information. I feel there is an... View More

1 Answer | Asked in Business Law, Civil Litigation and Intellectual Property for California on
Q: uncle maliciously threw out my computers, my lifes hard work was in them. Can I sue for damages and get help w retrieval

He was suppose to hold my things which were in the garage , while i looked for a storage unit and dealt with some business and things. I was assured nothing from the garage was being thrown out. When i went to pack up stuff my computers were gone , sent to the recycling center 7 weeks ago. All my... View More

James L. Arrasmith
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answered on Sep 10, 2024

You have grounds to take legal action against your uncle for the loss of your computers and the valuable work they contained. Since he was entrusted to hold your belongings and had agreed not to throw them away, his actions could be considered a breach of a verbal agreement and potentially even... View More

2 Answers | Asked in Civil Rights, Civil Litigation and Education Law for California on
Q: Why would the police withhold information from me and allow someone to throw a object after they came out two different

Times with an old guy & a Norte after & they both drove to my fathers residence & the person accusing me of stealing his wallet gets to throw a object at me I tell the organization that he lives under basically handled by minorities I reported to the police they did nothing refuse to... View More

Louis George Fazzi
Louis George Fazzi
answered on Sep 10, 2024

It sounds like you have been dealing with a tragic situation. I can't give you specific legal advice on how to handle your matter, but I can refer you to the American Civil Liberties Union, which has lawyers dedicated to helping people like you. I suggest you contact them and see if they can... View More

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2 Answers | Asked in Civil Litigation for California on
Q: Do documents being served have to have a "filed" stamp by the clerk?

I ask this because I received a response from the defendants and it wasn't stamped. I believe they were late in their response but I can't tell because there is no filed stamp with the date.

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answered on Sep 8, 2024

In California, it is not always required for served documents to have a "filed" stamp, especially if they are copies of documents that have already been filed with the court. For example, a party might serve you with a response or motion that has been filed, but the version you receive... View More

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1 Answer | Asked in Family Law, Business Law, Child Custody and Civil Litigation for California on
Q: Opposing Counsel's Unfounded Accusations in Divorce/Custody Case Based on Court Error?

I followed a court order in my divorce/custody case, but due to a court error, it appeared I hadn't complied. The court clerk acknowledged the mistake. Despite this, opposing counsel immediately accused me in their declaration, stating, "Petitioner's actions and stonewalling... View More

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answered on Sep 4, 2024

In custody cases, courts prioritize facts and evidence over unsupported allegations. If you have documented proof, such as the court clerk's acknowledgment of the error, that you complied with the court order, the court is likely to focus on this evidence rather than on opposing counsel's... View More

1 Answer | Asked in Consumer Law, Personal Injury and Civil Litigation for California on
Q: can a bank be sued? I had a large amount of money go missing with a bank.

no judgements and no liens found by a PI.i have wire transfer data showing near a million has gone in the last 7 years alone.

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answered on Sep 3, 2024

Yes, a bank can be sued if you believe they mishandled your funds or failed in their duty to protect your money. In your case, if nearly a million dollars has gone missing over the last seven years and you have wire transfer data to support this, you may have grounds for legal action.

You...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Harrassment or Violation of Civil rights?

Today Divine Saviour catholic church 90065 member lied to police to get them to come out to stop my first amendment. I protest against their noisy amplified sound system. This is a constant problem. LAPD stopped and talked with me. Then left me alone. These liars should not get away from... View More

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answered on Sep 2, 2024

It sounds like you're dealing with a frustrating situation. If someone lied to the police to interfere with your lawful protest, that could potentially be considered harassment, particularly if it was done repeatedly or with the intent to cause you distress. However, proving harassment usually... View More

1 Answer | Asked in Civil Litigation for California on
Q: What are my rights: neighbor cut the crown off a palm tree in my yard The tree is dying and likely to fall on my house

A landscaper advised me neighbor caused irreversible, irreparable damage to my tree, further, it needs to be removed ASAP as it is a danger. It will eventually fall either on my property, damaging my home or someone else's depending on the direction in which it falls, creating liability for... View More

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answered on Sep 1, 2024

You have the right to protect your property and seek compensation if your neighbor's actions have caused damage to your palm tree. If your neighbor cut the crown off the tree, leading to its decline and making it a hazard, you may hold them liable for any damages and the cost of removal. It is... View More

1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: Need to file a complaint or petition prior to ex parte, what kind of complaint or petition

Ex parte got rejected, need to file a complaint or petition against CalTrans but don't know what kind exactly

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answered on Aug 31, 2024

To file a complaint or petition against CalTrans, you need to determine the specific legal grounds for your case. Common types of complaints include personal injury claims, property damage claims, or writs of mandamus to compel CalTrans to perform a duty. The nature of your claim will dictate the... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Federal Crimes for California on
Q: What should be a starting demand amount if I am suing 2 G6 owned motels for turning a blind eye to human trafficking?

When I was being human trafficked not only was able to record how motel 6 treated me by trying to force me to adhere to a dress code that didn't even exist as in I looked too provocative and I could not received my hotel keys until I came back dressed more appropriate. This happened at 2... View More

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answered on Aug 29, 2024

When considering a starting demand amount in a lawsuit involving human trafficking, several factors come into play, including the extent of your trauma, the evidence you have, and the long-term effects on your well-being. Human trafficking cases often result in substantial settlements or awards due... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Family Law for California on
Q: CPS has violated our rights, treats, harassment bullying falsifying information intimidation discrimination and hate
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answered on Aug 29, 2024

It sounds like you are facing serious issues with Child Protective Services (CPS) in California. When CPS violates rights, engages in harassment, or falsifies information, it's important to document every interaction. Keep detailed records of all communications, including dates, times, names... View More

1 Answer | Asked in Contracts, Banking and Civil Litigation for California on
Q: If a bank refuses to close your account and send you your money, what are your options?

Ideally I'd like to convert the deposit into an at-will direct loan with an inflated fixed-rate until they decide to end it by sending me the balance.

The goal is to get my money that is currently stuck earning an abysmal 0.05% APR into a vehicle generating significantly greater... View More

James L. Arrasmith
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answered on Aug 28, 2024

If a bank refuses to close your account and release your funds, you have several options to consider. First, make sure you have fulfilled all requirements needed to close the account, including any necessary signatures from both you and your father as the custodian. You can escalate the issue by... View More

1 Answer | Asked in Civil Litigation, Contracts and Entertainment / Sports for California on
Q: Hi everyone, I recently purchased an sNFT through the platform Opulous, which promised a percentage of music royalties

Hi everyone,

I recently purchased an sNFT through the platform Opulous, which promised a percentage of music royalties from an album by the artist Kyle. Unfortunately, Opulous later canceled the sNFT, claiming it wasn’t profitable, but Kyle still received the money I invested.... View More

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answered on Aug 26, 2024

You may have potential grounds to pursue legal action, but there are several challenges to consider. Filing a lawsuit in Los Angeles, especially as a non-citizen, could be complex and costly. Jurisdictional issues might arise, and you would need to prove that the court in Los Angeles has the... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: Please define section 1928, Hiring, referencing tenant’s and landlord contract? Thank You

Landlord, tenant harassment, invasion of privacy

PLEASE BE CLEAR IS THERE A CHARGE?

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answered on Aug 25, 2024

Section 1928 of the California Civil Code states that when someone hires a property, the owner has the duty to provide it in a condition fit for the purpose for which it was leased. This includes ensuring that the property is free from dangers or defects that could affect the tenant's use and... View More

1 Answer | Asked in Civil Litigation for California on
Q: Im a shareholder in a calif mutual water co. on 2 lots /w2 shares i had one of my meters removed by them against my will

when i need i as it was there when i bought the lot. now if i want it back they are blackmailing me for $500 for them to put it back

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answered on Aug 24, 2024

If the mutual water company removed your meter without your consent, you may have grounds to dispute their actions. As a shareholder, your rights and obligations should be clearly outlined in the company's bylaws and the rules governing the water system. It’s important to review these... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: I am currently evicting a tenant in Alameda County and would like to know the timeline for sheriff's lockout?

I am currently in the process of evicting a tenant in Alameda County and would like to know the timeline for a sheriff's eviction. How long does it typically take for the sheriff to carry out the eviction once the writ of possession has been issued?

I've reviewed some older cases... View More

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answered on Aug 24, 2024

Once the writ of possession is issued in Alameda County, it typically takes the sheriff around one to three weeks to carry out the eviction. However, this timeline can vary based on the sheriff's backlog and any delays in the process. After receiving the writ, the sheriff will post a notice on... View More

1 Answer | Asked in Civil Litigation and Personal Injury for California on
Q: A homeless guy reached out to a nonprofit for help a worker there gave him meth during project roomkey can they sue?

Can a judge order a hair sample possibly to prove this guy uses cause he knows his way around the system it seems...

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answered on Aug 23, 2024

If a worker at a nonprofit gave meth to someone, it could potentially lead to legal action. Depending on the circumstances, the nonprofit or the worker might be held liable for their actions, especially if it resulted in harm. Legal action could be pursued based on negligence or misconduct.... View More

1 Answer | Asked in Civil Litigation for California on
Q: Ca, won't let me file a motion to dismiss insufficient service process as the defendant what should I title the motion?

I am being sued by my brother who hasn't served me, apparently had a hearing and was told he didn't serve me but was extended time to do so. I tried to file a motion to dismiss for insufficient service of process, however, I was informed as the defendant that I cannot file a motion to... View More

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answered on Aug 22, 2024

In California, as the defendant, you may not file a motion to dismiss directly. Instead, you can file a "Motion to Quash Service of Summons" if you believe the service of process was insufficient or improper. This motion challenges the court's jurisdiction over you due to the failure... View More

2 Answers | Asked in Civil Litigation for California on
Q: Is there any civil litigation attorney out there willing to fight the good fight? I am countersuing.

This lawsuit and finding a great attorney is very daunting to say the least.

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answered on Aug 20, 2024

Finding the right attorney for your case can indeed feel overwhelming, but you're not alone in this. It's important to connect with a lawyer who understands your situation and is prepared to stand by you throughout the legal process. Start by researching local attorneys with experience in... View More

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1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: What law would be to find for a search warrant that was not processed or conducted as the state of California describes?

Violation of Fourth amendment.

Is it a criminal defense lawyer or civil case lawyer?

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answered on Aug 18, 2024

If you're dealing with a search warrant that wasn't processed or conducted according to California law, you're likely facing a violation of your Fourth Amendment rights. This situation typically involves constitutional issues related to unlawful search and seizure. To address this,... View More

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