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California Civil Litigation Questions & Answers
1 Answer | Asked in Landlord - Tenant, Real Estate Law and Civil Litigation for California on
Q: My storage in California raised my rent from 154 to 197 last month and I’ve only been there for 10 months. Legal?
James L. Arrasmith
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answered on Apr 16, 2024

From a legal standpoint, whether the rent increase is allowed depends on a few factors:

1. Type of lease agreement: If you have a fixed-term lease, the landlord generally cannot raise the rent during the lease term unless the lease agreement specifically allows for rent increases. If you...
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1 Answer | Asked in Civil Litigation for California on
Q: l won a civil forfeiture case I few years ago never got the proceeds Found Letter no check what could I do to claim
James L. Arrasmith
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answered on Apr 15, 2024

If you won a civil forfeiture case in California but never received the proceeds, here are a few steps you can take to claim the funds:

1. Review the court documents: Carefully review the court order or judgment that awarded you the proceeds from the civil forfeiture case. Make sure you...
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1 Answer | Asked in Business Law, Civil Litigation and Internet Law for California on
Q: Can I sue against Upwork for negligence against their E&O due to me hiring a fraudulent attorney on their platform?

I hired an attorney on Upwork and paid him on Upwork. He disappeared, stopped responding, and due to the statute of limitations I am now out 100's of thousands on the claims he was working on for me. After some research by the Texas State bar and an attorney they have put on this issue, he is... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, you may have a potential claim against Upwork for negligence. However, the strength of your case depends on several factors, and it is essential to consult with a licensed attorney who specializes in such cases to evaluate your specific situation.

Here are...
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1 Answer | Asked in Civil Rights, Personal Injury and Civil Litigation for California on
Q: I would like to file a declaration as a previous plaintiff in a multi-plaintiff civil claim, now as third party.

There is a multi party personal injury claim where I was a previous plaintiff. I dropped my portion of the claim recently against the defendants and I am no longer party to the case. The civil suit is still ongoing with the other plaintiffs. I would like to file a declaration to the court, now as... View More

James L. Arrasmith
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answered on Apr 13, 2024

In your situation, since you are no longer a party to the ongoing case but have relevant information to provide, you have a few options to consider:

1. Declaration as a third-party witness: You can file a declaration with the court as a third-party witness. This would involve providing a...
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1 Answer | Asked in Civil Litigation for California on
Q: Despite the court granting the motion to compel, the defendant has not yet produced the requested information.

The defendant failed to respond to the interrogatories, and the court subsequently granted our motion to compel. However, they have not yet complied with the court order.

James L. Arrasmith
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answered on Apr 13, 2024

Here are a few options for next steps when a defendant fails to comply with a court order compelling discovery responses:

1. File a motion for sanctions: You can file a motion requesting that the court impose sanctions on the defendant for failing to comply with the order to compel....
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1 Answer | Asked in Civil Litigation for California on
Q: Trying to locate a current case on a COA of conversion and intentional interference with prospective economic interest
James L. Arrasmith
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answered on Apr 12, 2024

To locate a current case in California involving causes of action for conversion and intentional interference with prospective economic interest, you can follow these steps:

1. Visit the California Courts website at www.courts.ca.gov.

2. Navigate to the "Opinions" section,...
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1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for California on
Q: I live in San Diego. I sold a car and lent someone money. I am low income. What recourse do I have to get $ back?

They do owe the IRS also. And I've gotten about half back but if he's not willing to pay remaining (about 13k) I want the car back even though he put 100k+ miles on it. He gets paid as 1099/cash and says that he won't ever file taxes. Can we garnish his wages to be Repaid cause... View More

James L. Arrasmith
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answered on Apr 11, 2024

In your situation, you have several options to consider:

1. Small Claims Court: If the amount owed is less than $12,500, you can file a claim in small claims court. The process is relatively simple, and you don't need a lawyer. However, since the amount owed is more than $12,500, this...
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3 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: If someone sells the property out of garage that I am renting for storage, without notifying me, what lawyer do I need?

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

Dan Rowan Cortright
Dan Rowan Cortright
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

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1 Answer | Asked in Civil Litigation and Legal Malpractice for California on
Q: Refund after withdrawal of Attorney on Semi-contingency fee basis

I've engaged a lawyer on a semi-contingency fee basis, whereby I pay the first $100k, and then he gets 27% of the potential award. After one year, during which he lost an appeal and billed me $99k, he filed a motion to withdraw. Can I demand a refund of the money I paid him?

James L. Arrasmith
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answered on Apr 10, 2024

In California, an attorney who withdraws from a case is generally entitled to keep the fees they have earned up until the point of withdrawal, as long as the withdrawal is done for a valid reason and in compliance with ethical rules. However, the specifics of your situation may warrant further... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Federal Crimes and Gov & Administrative Law for California on
Q: I need help fighting the gang stalking terrorist who won't leave me alone.

My next door neighbor is a gang stalking terrorist in Torrance, CA and has been virtually stalking and assualting me 247 in the following ways.

-Havana Syndrome

- remote Neurological monitoring (voice to skull technology)

- electronic and electromagnetic weapon -radiation... View More

James L. Arrasmith
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answered on Apr 8, 2024

I'm so sorry you are going through this frightening experience. What you're describing sounds extremely distressing and violating. However, I want to be clear that I cannot directly assist with confronting or fighting against your neighbor. Taking matters into your own hands could be very... View More

1 Answer | Asked in Contracts and Civil Litigation for California on
Q: Do i have respond to PLAINTIFFS OPPOSITION TO MOTION FOR JUDGMENT ON THE PLEADING? I'm the defendant in the case.

My attorney filed a MOTION FOR JUDGMENT ON THE PLEADINGS on March 1, 2024, and the plaintiff just filed an opposition on April 4, 2024. This is in regards to a breach of contract case.

James L. Arrasmith
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answered on Apr 8, 2024

In California, if the plaintiff has filed an opposition to your motion for judgment on the pleadings, you are not required to file a response. However, you have the option to file a reply brief if you wish to address any new arguments or points raised in the plaintiff's opposition.... View More

1 Answer | Asked in Civil Litigation and Family Law for California on
Q: My husband trashed the house and left to Oregon can I charge him for making it livable again?

My husband and wiped his hands of me. He moved on but I got stuck in his moms house. He trashed it and it is infested with flies mice, maggots, and ants. The atrium backed up and was leaking in the garage and it took him a week to address it. I have a garage full of trash and the house smells like... View More

James L. Arrasmith
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answered on Apr 6, 2024

I'm sorry to hear about your difficult situation. Under California law, you may have a few potential legal options to seek compensation from your husband for the damage to the property:

1. Property damage claim: You could file a civil lawsuit against your husband for the cost of...
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1 Answer | Asked in Civil Litigation for California on
Q: tow yard sold my vehicle in 3 days. do i have a case?

this was 3 years ago. is there a statue of limitation on this type of case?

James L. Arrasmith
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answered on Apr 5, 2024

In California, the law requires tow companies to follow specific procedures before selling a towed vehicle. According to the California Vehicle Code, a tow company must:

1. Notify the registered owner and lienholder (if any) within 24 hours of the tow.

2. Allow a minimum of 30 days...
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Q: Do you file a independent action in equity the same as a regular claim?

I know it should be the last resort and is frowned upon but it’s in place for a reason!

James L. Arrasmith
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answered on Apr 4, 2024

In California, an independent action in equity is not filed in the same manner as a regular claim. Independent actions in equity are separate from the original case and are considered a last resort when no other remedies are available.

To file an independent action in equity, you typically...
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1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: Do you have to set aside a judgment first before it is vacated for being void? When does the court lose jurisdiction

it’s been 3 1/2 months since judgement was entered. I can prove reasons judgment is void 473 lack subject matter:fraud on court:

James L. Arrasmith
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answered on Apr 4, 2024

Under California law, a judgment can be vacated or set aside if it is determined to be void. You do not necessarily need to set aside the judgment before it can be vacated. However, the process and timeline for challenging a void judgment depends on the specific circumstances and reasons for its... View More

1 Answer | Asked in Civil Litigation, Probate and Landlord - Tenant for California on
Q: The record when referring to litigation is everything that happened before judgement was entered or post trial too?
James L. Arrasmith
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answered on Apr 4, 2024

In California, the term "record" in the context of litigation generally refers to the official case file maintained by the court, which includes all the documents and evidence submitted to the court before the judgment is entered. This typically includes:

1. Pleadings (e.g.,...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: If judgement was entered, will the court acknowledge a new document/exhibit in a Motion to set aside and vacate?

Judgment entered was procured by fraud on the court by plaintiff, lack of standing, misrepresented facts, lack of due process of defendant. Judgement entered 3 months ago. Options would be a collateral attack on void judgement? Judgement can’t be attacked directly?

James L. Arrasmith
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answered on Apr 4, 2024

In California, even after a judgment has been entered, it is possible to file a motion to set aside and vacate the judgment under certain circumstances. California Code of Civil Procedure section 473(b) allows for relief from a judgment due to mistake, inadvertence, surprise, or excusable neglect.... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: If you filed your answer to a unlawful detainer (CA) that means you’ve “appeared” and court has p.jurisdiction over you?

Weighing my options. Filed my answer and opposing party moved for summary judgement without proper notices, misconduct, misrepresented facts which led to opposing party summary judgment being granted. judgment was entered 90 days ago. Figuring Options for relief. Motion to set aside and vacate... View More

James L. Arrasmith
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answered on Apr 4, 2024

In California, filing an answer to an unlawful detainer complaint generally means that you have made an appearance in the case, and the court has personal jurisdiction over you. By filing an answer, you are acknowledging the lawsuit and responding to the allegations made against you.... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Small Claims for California on
Q: can a Pro Tem Judge make a verbal judgement in open court then later on change the judgement without prior indulgence

can a Pro Tem Judge make a verbal judgement in open court then later on change the judgement without prior audience with the parties involved. Pro Tem judge told us in open court that we would be awarded the full amount of the maxed asked for in small claims. During the judges exit the defendant... View More

James L. Arrasmith
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answered on Apr 3, 2024

Under California law, a judge, including a Pro Tem Judge, has the authority to make a verbal judgment in open court. However, the official judgment is typically entered in writing after the hearing. The written judgment is considered the final, official decision of the court.

In some cases,...
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1 Answer | Asked in Legal Malpractice, Appeals / Appellate Law, Civil Litigation and Trademark for California on
Q: Legal colleagues is The Court eavesdropping on this prior issue? Delmore 1st Demurrer was heard and given leave to amend

1st Demurrer was heard and given leave to amend to which an Amended complaint was served on us.

The Court here by (above ED) is given reason to substantiate unexpected complications.

Nonetheless; 2. We can't propose an answer to the revised version of the complaint, we... View More

James L. Arrasmith
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answered on Apr 2, 2024

Based on the information provided, it does not appear that there is sufficient evidence to conclude that the court is eavesdropping on prior issues or intentionally creating complications in the case. While the scheduling confusion and procedural complications are understandably frustrating,... View More

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