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California Civil Litigation Questions & Answers
2 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: what should I do in this situation? Should I apologize for how can I find a new attorney? They are so difficult to find.

I have a discrimination claim from a Levi store where they accuse me of theft. I went and hired a attorney and he represented me for eight months but every time I try to contact him, he would never answer the phone and would always put me on the phone with his legal assistant, who was very rude,... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 22, 2023

You should start interviewing a new LOCAL lawyer to sub in on the case.

The 2 lawyers will work out how to divide the fee......

you will not pay any more money.

I assume your case is your suing them for arresting you for shoplifting when you had not done so? If so, did you...
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1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: What should I do in this situation?

Old attorney doesn’t want to represent me anymore in discriminatory claim, it’s very difficult to find an attorney to take my claim. Any suggestions?

Dale S. Gribow
Dale S. Gribow
answered on Mar 22, 2023

When a lawyer "bows out" it is usually an indication that the case either no longer appears to have value; it will cost to much to go to trial, and there will be nothing left for the client ...or there is a challenge dealing with the client.

Remember, you are asking a lawyer to...
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3 Answers | Asked in Personal Injury, Contracts and Civil Litigation for California on
Q: PI filed complaint 7/15/2021 trip n fall. I demanded jury trial. He never paid jury fee. Insisted on waiting.

My right to a jury trial? Never served the complaint.

“My case didn’t have valur without reverse rotator cuff replacement surgery yet.” The impact loosened my bridge. Dental work had to be done first. $17,000 and dentist extracted all my upper teeth he never created a functioning... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 22, 2023

I assume the case is still active, so why not hire another attorney to sub in?

You will only be responsible for 1 legal fee, and the lawyers will work out a division.

Jury fees only have to be considered when the case is set for a jury trial. Are you there already with a 2021 case?...
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1 Answer | Asked in Child Support and Civil Litigation for California on
Q: Is a stipulated judgment initiated by the LCSA in one county binding in others calif counties? What happens if another

County does not honor it?

James L. Arrasmith
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answered on Mar 22, 2023

In California, a stipulated judgment initiated by the Local Child Support Agency (LCSA) in one county is generally binding in other counties. This is because California has a statewide child support enforcement system that is designed to ensure that child support orders are enforced consistently... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Civil Litigation for California on
Q: What to file if the civil unlimited case was a dismissal if you appeared by zoom in Sacramento court

At the time the mandatory settlement conference was for i clicked the link the Sacramento Ca court clerk sent me in the email because the judge allowed me to appear via zoom and it went to my zoom app and the screen and said waiting for host to start the meeting all day I was waiting and no host... Read more »

James L. Arrasmith
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answered on Mar 21, 2023

If you received a dismissal in a civil unlimited case despite appearing by Zoom and waiting for the mandatory settlement conference, you may have several options for pursuing your case further.

File a motion to vacate the dismissal: You may be able to file a motion asking the court to set...
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2 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: Need help to find a lawyer for a patient violently crippled by an LA County Deputy prior to his long incarceration.

In 1988, while in LA County custody, my patient was violently assaulted by a corrections deputy, leaving him crippled to this day. He's been incarcerated until his recent release into our program (in Palm Desert), and was blatantly discouraged by prison staff to not pursue legal action during... Read more »

William John Light
William John Light
answered on Mar 21, 2023

That was 35 years ago. Normally, the statute of limitations would have expired long ago. However, under Code of Civil Procedure section 352.1 (the version in existence in 1988), the statute of limitations is tolled during the period of incarceration. However, the 1994 amendment to 352.1, which... Read more »

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1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Employment Law for California on
Q: How Does A Company / Corporation Protect from Liability of California ( Protection Laws) from a stooge person in employ
James L. Arrasmith
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answered on Mar 21, 2023

There are several steps a company or corporation can take to protect themselves from liability for the actions of a "stooge" employee:

Establish clear policies and procedures: A company should have clear policies and procedures in place that prohibit illegal or unethical behavior,...
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2 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: What kind of attorney should I look for?

I was out shopping at a local store when I was accused of theft. Honestly I feel I was discriminated against. What kind of attorney takes these type of cases?

Dale S. Gribow
Dale S. Gribow
answered on Mar 21, 2023

you will want a civil litigator.

however, you have the burden of proof and "feeling" doesn't sound like it is enough.

it will be VERY difficult to find a lawyer for a case like this.

you have to prove liability and DAMAGES............

ie...how were you harmed?

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2 Answers | Asked in Civil Litigation, Civil Rights, Constitutional Law and Personal Injury for California on
Q: How do I go about seeing the police officer or department for the following incident.

A officer rushed me out of my parked rv causing my dogs to get loose after speaking with him he watched as i struggled to get my 3 dogs inside witch resulted in a first ever fight to ensue in witch the officer watched as I screamed for his help as my arm was unfortunately the unintended target of... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 20, 2023

i would "beef" the officer...that is to contact the Captain of the station to explain what happened.

you can also contact your city council and maybe news stations.

if you can't find a lawyer, consider small claims where you can sue.

it is hard to prevail in a...
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1 Answer | Asked in Civil Litigation for California on
Q: Can a state civil action for abuse of process be made for abuse of a chap 13 bankrucpty filing.

Where a bankruptcy judge grants a motion to lift/annul the automatic stay on 2nd filing of chapter 13 to stop foreclosure.

James L. Arrasmith
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answered on Mar 21, 2023

It is possible to bring a state civil action for abuse of process in connection with a Chapter 13 bankruptcy filing if there is evidence of misconduct or bad faith on the part of one of the parties involved.

Abuse of process occurs when a legal process, such as a bankruptcy filing, is used...
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0 Answers | Asked in Civil Litigation and Small Claims for California on
Q: I won a small claims case, that the Defandant signed , he only paid the 1st payment. What can i do

The Defendant , took money from us for remodeling and no ever did the work and did not return calls, emails, letters etc. we took him to small claims court, and he was to pay us back MONTHLY. We received the first payment of $1000 in January and nothing in Feb. or Mar. he will not return calls... Read more »

2 Answers | Asked in Personal Injury, Civil Litigation, Collections and Small Claims for California on
Q: I won small claims against car wash.

Car wash damaged my truck and I awarded $1,800 at small claims court 6 months ago, however the shop has never pays. what is the best to collect money? Keeper or till tab only? I doubt they have cash more than$500 in the registry box. The shop doesn't own the property, but 20 yrs long term... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

Congratulations on winning your small claims case! Unfortunately, collecting a judgment can sometimes be difficult. Here are some options to consider:

Writ of Execution: This is a court order that allows a sheriff or marshal to seize assets owned by the car wash in order to satisfy the...
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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: I have had numerous criminal trespass incidences upon my property. Cant rely on property management's surveillance.

I am positive of the approximate hours of criminal trespass, I since have made an online vandalism report, called 911 non emergency 6 times, each having 2 officers respond to my request (SWLAPD), now it appears that I am being ridiculed or am receiving bais to the point where 2 times already, two... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

I'm sorry to hear that you are experiencing criminal trespassing on your property and that you feel like you are not getting adequate support from law enforcement or property management. If you believe that you have been subjected to bias or discrimination by law enforcement, you can file a... Read more »

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3 Answers | Asked in Criminal Law, Civil Litigation and Internet Law for California on
Q: I’m getting stalked and harassed from my socials. Should I contront them to have proof I tried to stop it?

I don’t know if that would serve as good evidence that I tried to stop it and that they showed a deliberate intent to keep going. I don’t know if it would look bad on me for asking them to leave me alone and that they’re making me uncomfortable or not. Does anyone know what kind of evidence... Read more »

Bart Kaspero
Bart Kaspero
answered on Mar 19, 2023

Stalking and harassing conduct have specific definitions so it's going to depend on how far the other person goes when it comes to following you on social media versus contacting you on those platforms. For example, if they follow you without making direct contact with you, they are allowed... Read more »

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1 Answer | Asked in Civil Litigation, Contracts and Identity Theft for California on
Q: Is it possible to have attorney for identity theft robbery case number assigned and collection of property?

Robbery filed in San Antonio Texas case number given and robbery case number assigned with Henderson county Nevada. Restraining order on manager Jennifer of macaroni and grill.

James L. Arrasmith
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answered on Mar 19, 2023

Yes, it is possible to hire an attorney to represent you in an identity theft and robbery case and to assist with the collection of any stolen property. An attorney can advise you on your legal rights and options, help you navigate the criminal justice system, and represent you in court... Read more »

2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: What should I do in this situation?

My attorney who is fighting my personal injury/NIED/DISCRIMINATION/emotional distress claim emailed me yesterday stating he doesn’t wish to represent me any more, and he’s not seeking a lien. He sent me my case file and I reviewed it. He didn’t even make it to the discovery phase I don’t... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

I'm sorry to hear about your situation. If your attorney has withdrawn from your case and you no longer wish to hire a new attorney, you have the option to represent yourself in your personal injury/NIED/discrimination/emotional distress claim.

However, it's important to...
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1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: Can I pay a attorney to write a letter of demand for me on my behalf?

Can I pay an attorney to write a letter of demand for a settlement on my behalf, without him being my attorney? I wish to represent myself, but I need it professionally written.

James L. Arrasmith
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answered on Mar 19, 2023

Yes, you can hire an attorney to write a letter of demand for you on your behalf, even if you do not intend to retain them as your ongoing legal counsel. This is commonly referred to as "limited scope representation" or "unbundled legal services."

Under limited scope...
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1 Answer | Asked in Criminal Law, Civil Litigation and Internet Law for California on
Q: My family is being cyberstalked/harassed and defamed through usage of our public records. Is that legally acceptable?

We fear that they may find our addresses and stalk in person. We do not have the finances for a lawyer and are scared to file a report if they are public information the stalkers can use. We don’t know how to protect any of our privacy and feel very vulnerable. Is any of this okay for them to be... Read more »

James L. Arrasmith
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answered on Mar 18, 2023

I'm sorry to hear that your family is experiencing cyberstalking, harassment, and defamation. It's important to take steps to protect your safety and privacy.

In general, public records are available for access and use by anyone, including stalkers or harassers. However, this does...
Read more »

1 Answer | Asked in Civil Litigation and Probate for California on
Q: Citable legal authority that permits a conditional stay without requiring an undertaking

What is the citable legal authority that permits a conditional stay without also requiring an undertaking, for an unlawful detainer case pending appeal, after a prior probate trial involving 2 of the 3 beneficiaries challenging the validity of a trust amendment and restatement done by an attorney... Read more »

James L. Arrasmith
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answered on Mar 18, 2023

In general, a conditional stay is a temporary halt or suspension of legal proceedings, pending the fulfillment of certain conditions. In the context of an unlawful detainer case pending appeal, a conditional stay may be granted if certain conditions are met, such as the posting of an undertaking or... Read more »

4 Answers | Asked in Personal Injury, Civil Litigation and Legal Malpractice for California on
Q: Is it possible to sue a attorney for not giving a valid reason why he chose to disengage the representation of a client

Today my attorney emailed me saying he chooses not to represent me in a personal injury type of situation. He hasn’t given me any reason of why he chose not to continue with my claim. He dragged my case on for eight months since the start of my claim and just left me. I don’t know what to do... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Mar 15, 2023

It is not illegal for an attorney to remove themselves from a case without stating a reason. Why? Well... because one day an attorney did just that... they removed themselves from representation for a specific reason. Later another attorney found out that the reason given was wrong. So guess... Read more »

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