Get free answers to your Civil Litigation legal questions from lawyers in your area.
It's been over a year since my civil suit against a pro tem judge and court clerk, where procedural violations led to an unexpected judgment. After subsequent hardship and housing displacement due to alleged wrongful judicial actions and an illegal UD filed by the opposing party, I've... View More 
I have an issue with a friend who agreed verbally to take over payments for my car that I am still financing through the bank. He's making Zelle payments to me, which I use to pay the bank from my personal credit card. There is no written contract, just verbal consent about this arrangement.... View More
I played a casino app believing it was legal and won small amounts without issue. However, when I won $1000, the California-based owner of the app said I was only playing for virtual coins and threatened me if I reported him. I have CashApp history of payments related to this app. Is it possible to... View More
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answered on Mar 12, 2025
You may have grounds to seek a refund if you can prove you were misled or defrauded by the app owner. California law takes fraudulent activities seriously, especially when there is evidence like your CashApp payment history showing financial transactions. Collect all messages, transaction receipts,... View More
What legal actions can I take if the homeowner's son has pointed a video camera into my bedroom window, and after asking him to move it, he pointed it back again the same night? I haven't contacted local authorities yet. What are my options?
answered on Mar 12, 2025
As a caution, do not threaten to call the police as you do not want to be accused of extortion.
But, you can call the police. They may or may not investigate. But, keep in mind, solving the peeping issue may only lead to more problems if you contact the police. Instead, you may want to... View More
I have a copyright and patent related to an apnea device in both Europe and the US. I live in Spain and was previously sued in Europe for copyright infringement, where the opposing party demanded a percentage of my sales. We were able to prove that our device is not the same as theirs, and we won... View More
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answered on Mar 12, 2025
You might hope that the doctrine of res judicata would be helpful (https://jusmundi.com/en/document/publication/en-res-judicata). Sadly it is not necessarily recognized or applicable between different countries. Especially where you are dealing with explicitly national rights like patents and... View More
After a family court judge stated that my visitation time with my child would increase to every Wednesday, I, along with my attorney, the child's mother, and her attorney, all agreed on this new visitation schedule and left court with this understanding. However, I recently discovered that the... View More
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answered on Mar 12, 2025
Since the visitation schedule you discussed in court wasn't officially included in the judge's written order, you should promptly address this issue. Your first step should be reaching out to your attorney to request a formal clarification or correction from the court. Your attorney can... View More
I'm seeking legal advice regarding an incident where I was retrieving water for my motor home from my neighbor, during which I was grabbed from behind. My left arm, which has had multiple surgeries and contains a metal implant, was manipulated and contorted, causing it to swell and resulting... View More
answered on Mar 11, 2025
Find yourself a good civil rights lawyer. If you need assistance, you can go to the Orange County Bar Association website and visit their lawyers referral service. There are many good lawyers who handle civil rights cases in Orange County, all you need to do is a little searching and you will find... View More
I received a letter in the mail stating that a plaintiff is requesting records for examination, citing California's Code of Civil Procedure Section 1987.1. The letter appears to be a "Notice to Consumer or Employee of Objection." I have not been served with any other formal legal... View More
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answered on Mar 12, 2025
If you've received a "Notice to Consumer or Employee" regarding a request for your records under CCP Section 1987.1 and you wish to object, you must promptly file a motion to quash or limit the subpoena. Begin by drafting your motion, clearly stating your objections, and specifying... View More
I am the sole heir, legal primary, and executor, seeking legal guidance regarding my mother's death. I believe it involved misconduct by her non-profit employer related to her benefits. My mother retired fully vested, just six months before her death. After 21 years, I have found altered... View More
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answered on Mar 12, 2025
I'm deeply sorry for your loss and the challenging situation you're facing. Given the seriousness of altered medical records, benefit irregularities, and potential misconduct, you should first consult an attorney experienced in employment law, probate, or wrongful death claims. They can... View More
I am facing serious issues with my apartment management company in California, including privacy violations, tenant harassment, and conflicts of interest in obtaining legal representation. I am seeking an emergency move to a mutual housing apartment to escape these conditions, followed by legal... View More
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answered on Mar 12, 2025
You're facing a challenging situation, and it's important to approach it carefully to protect your safety and rights. First, reach out directly to a tenant rights organization or nonprofit legal aid group in California; they offer free or low-cost confidential legal advice. These... View More
In a civil unlimited case in California Superior Court, I, the plaintiff, filed a declaration with a late reply to justify the delay in responding to the defendant's opposition to my motion to compel. There have been no prior rulings regarding discovery. I have cooperated fully with the... View More
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answered on Mar 9, 2025
Your late reply declaration may help explain your position, but its sufficiency depends heavily on whether the court finds your reasoning convincing. Judges often have discretion in accepting late filings, particularly if you demonstrate good cause, cooperation, and that you acted in good faith.... View More
I am 31 years old and was caught shoplifting at Walmart for an amount no greater than $400. It is my first offense. I was detained by store security and have been given a notice to appear in court. What penalties might I face for this offense?
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answered on Mar 9, 2025
Facing a first-time shoplifting charge in California, especially involving an amount under $400, generally leads to a petty theft charge. In California, this is classified as a misdemeanor, punishable by fines up to $1,000 and possibly up to six months in county jail. However, jail time is uncommon... View More
I rented a house advertised as a private residence through Zillow, where the lease indicated I was the sole resident, confirmed by the landlord, for $2400 per month. Instead, another tenant occupied a unit below, initially described as a storage unit, where I had to share a mailbox and pay most of... View More
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answered on Mar 9, 2025
You have strong grounds to pursue legal action for breach of contract and potential fraud in this situation. First, your landlord advertised and agreed to lease the property as a private residence for your exclusive use but failed to disclose another tenant sharing the space, mailbox, and... View More
I am involved in a custody dispute with my son's mother. We established a 50/50 custody agreement in 2022 after a prior incident where she took our son to Texas and refused to return him, necessitating intervention by the abduction unit and granting me temporary full custody. In October 2024,... View More
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answered on Mar 9, 2025
Given that she openly admitted to violating the custody order during mediation, you have a strong foundation heading into the contempt hearing. However, the judge typically won't rely solely on admissions during mediation. You should be prepared to present your documented evidence—including... View More
I currently have a 50/50 custody arrangement with my son's mother, established in 2022 after a previous incident where she took my son to Texas, requiring intervention from the abduction unit. In October 2024, she violated our custody order by taking our son to Sacramento for two months and... View More
answered on Mar 9, 2025
Of course you have to introduce evidence at the hearing. Further, that evidence should be included in your moving papers with a supporting declaration to lay its foundation. Whatever happens in mediation is confidential. Nothing that is said in mediation is admissible in court. Given the... View More
I currently have 50/50 custody with my son's mother, established in 2022. Back then, she took our son to Texas without returning him, involving the abduction unit, which led to me temporarily having full custody until a court hearing. In October 2024, she again violated the 50/50 custody order... View More
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answered on Mar 9, 2025
Since your son's mother admitted during mediation that she violated the custody order, the contempt hearing will likely focus on confirming this admission clearly in court. Even though her acknowledgment helps your case significantly, you should still present your evidence, including the... View More
I'm involved in a civil unlimited case in the California Superior Court where interrogatories were propounded in July 2024. Due to the defendant's non-substantive and delayed responses, a motion to compel further responses was filed in November 2024. The defendant submitted their... View More
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answered on Mar 9, 2025
Since your reply to the defendant's opposition was filed late, your best immediate action is to submit an application or motion requesting the court's permission to accept the late-filed document. You'll need to demonstrate to the judge good cause for why the delay occurred,... View More
Can a lawyer obtain a printout of text messages from my wife's phone through our service provider? We're considering possible proceedings, and I want to understand the legal and privacy implications of accessing these messages. I haven't contacted the service provider yet, but... View More
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answered on Mar 9, 2025
In California, obtaining text messages directly from your wife's phone provider is generally very challenging due to privacy protections. Providers typically will not disclose the actual content of text messages without consent or a court order. Even if you're the account holder, privacy... View More
I called for a 51/50 for my friend who seemed to be experiencing severe hypoglycemia from insulin injections, but a SWAT team arrived. I was detained when I tried to explain the mistake, and my friend was arrested. He was held for 5 months with a $1.5 million bail without any known charges, and we... View More
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answered on Mar 9, 2025
First, document everything thoroughly—dates, times, locations, names of officers, and any witnesses who can support your statements. Gather medical records and evidence of your friend's condition to demonstrate the urgent medical nature of your initial call. These details will be essential... View More
I have a hearing scheduled for March 20 regarding a motion to set aside a judgment and a claim of exemption in Los Angeles. Due to a delay in receiving crucial evidence from my personal injury settlement lawyer, I need more time to file the necessary documents with the court. Specifically, I am... View More
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answered on Mar 8, 2025
Yes, you can file a motion for continuance to request additional time for your March 20 hearing due to the delay in receiving important evidence. Courts generally understand that delays can occur, especially when critical documents necessary to support your case have not yet arrived. To strengthen... View More
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