Ask a Question

Get free answers to your Civil Litigation legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Civil Litigation Questions & Answers
0 Answers | Asked in Contracts and Civil Litigation for California on
Q: Hello: I had brain damage and was exploited financially in California. What claim would this be?

Hello:

I had brain damage and was exploited financially. I am looking for a civil attorney but I am not sure what type to look for.

My question is what claim would this crime fall under. I'm sure it's not fraud and I don't think it is elder abuse as I was not an elder... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Federal Crimes and Public Benefits for California on
Q: I am the great grandson of king Alexander and Queen Alexandria. I was born in Santa Maria California with a District of

Columbia soc sec number. When I was 17 I was called into the soc sec administration and was told I had the wrong number and was given a California number.I was young and didn’t realize the importants of this . But now 38 years later I’m very upset. First off, my first card and number... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2024

I hear how distressing this situation is for you, and I understand your concerns about your Social Security number and identity. However, I need to address some important points about your situation.

Your Social Security number being changed from DC to California does not affect your U.S....
View More

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for California on
Q: Ex Parte for Lis Pendens

Does the Superior Court of California, Central District, allow for an pro se ex parte hearing regarding approval of a Lis Pendens that needs an emergency recording due to an upcoming foreclosure Trustee sale?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

Based on San Bernardino County Superior Court rules, yes, you can file an ex parte application for recording a lis pendens as a self-represented litigant, especially when facing an urgent foreclosure situation. The court recognizes the time-sensitive nature of pending trustee sales.... View More

1 Answer | Asked in Civil Litigation for California on
Q: Would suing my late father's POA for not paying his union dues be considered civil or probate?

My father passed in 2021 and the POA handling his finances at the time failed to pay his union dues which, caused the union to refuse paying out the burial fund that was supposed to be paid upon his death. The burial fund would have amounted to $50, 000 along with several thousands of dollars that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

This case would likely need to be handled in probate court since it involves actions taken by a Power of Attorney during your father's lifetime that affected his estate after death. The breach of fiduciary duty by the POA and the mishandling of funds directly impacted estate assets (the burial... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for California on
Q: Limited Scope Attorneys

Are there attorneys that served the Superior Court of California, Stanley Mosk court, on a limited scope representation basis for a pro se litigant in a quiet title foreclosure defense lawsuit? I can't afford full representation.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024

Yes, you can find attorneys who offer limited scope representation (also called "unbundled services") at the Stanley Mosk Courthouse in Los Angeles for foreclosure defense and quiet title cases. Limited scope means the attorney handles specific parts of your case while you handle the... View More

1 Answer | Asked in Business Law and Civil Litigation for California on
Q: Limit on levy on account of debtor family of 4
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

In California, there are specific limits on how much a creditor can levy from your wages or bank accounts, especially when you have dependents. For wage garnishments, the state follows federal guidelines, typically allowing up to 25% of your disposable earnings or the amount by which your weekly... View More

1 Answer | Asked in Business Law and Civil Litigation for California on
Q: Can I collect a debt from out of state business that failed?

I worked as an expert witness through an agency (TASA Group). It collected funds due, took their agreed amount out, and forwarded payment to me. They apparently went out of business without telling anyone. It owes me nearly $4,000. It is based in Pennsylvania. What can I do to collect?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

You can start by gathering all your records related to the payments and your agreement with TASA Group. This includes contracts, invoices, emails, and any correspondence that shows the amount owed to you.

Next, consider filing a claim in small claims court in Pennsylvania. Small claims...
View More

1 Answer | Asked in Civil Litigation for California on
Q: Can I start a class a class action lawsuit against an online school for falsely advertising a high job placement rate?

There is an online school advertising that they have an almost 80% job placement rate when in reality it's more like 5 percent. Dispute hardly any students getting jobs they increased their tuition. Many people are very upset to have wasted their time and money. If someone could please tell me... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

You may have grounds to pursue a class action lawsuit if the online school's advertising of an 80% job placement rate is significantly misleading. In California, false advertising and deceptive business practices are taken seriously, especially if they cause financial harm to consumers like... View More

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for California on
Q: lawyer didnt send me the retainer what can i do , I am not sure if he is or not. but he doesnt want to give me back my m

reached out to a lawyer through a friend, who claimed to specialize in company listings. He initially provided me with a draft contract that included a fee of $160,000, which I did not sign. I informed him that I would not pay such an amount, as the process would take too long and I could find... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Nov 10, 2024

Hard to follow your fact pattern. You are saying he wanted to charge 160K but agreed to settle for 12K? AND then did not so agree? I think it's time you hire someone else to straighten it out. Perhaps you have someone in house on retainer if it is this large a business??? If not, perhaps you... View More

View More Answers

2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: I was wrongfully accused, deprived of due process and had major loss due to it. Can i sue county? All charges dropped

I bailed out was told by county clerk i had no case after going to court, fast forward 2-3 years no notice i get pulled over arrested and had to post bail again, $9000 and $7000, lose my job due to arrest, find 2 jobs after but cannot pass background check. Kost all my benefits, license because I... View More

Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2024

Yes you can. You have remedies available under state and federal law, and I urge you to take advantage of them. You'll need a competent lawyer with the education, training and experience necessary to properly represent your interests. S/he should be a lawyer for the people, who seek to protect... View More

View More Answers

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Real Estate Law and Elder Law for California on
Q: I own my manufactured house but rent the land. What agency in SF Bay area should I file acomplaint for rat infestation

I have photos of the disgusting community garbage area with garbage on the ground, filthy rotten garbage bins and a house right next to me that has a completely open side which is a nesting area for the rats. I have paid $500 to Terminix to clean the crawl space under my house but it needs more... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024

You have several options to address this serious health and safety issue. Start by filing a complaint with the San Mateo County Environmental Health Services Division, which handles reports of rat infestations and unsanitary conditions in residential areas.

Next, contact the California...
View More

2 Answers | Asked in Civil Litigation for California on
Q: How do you properly write a summary for economic litigation with regards to discovery?
Tim Akpinar
Tim Akpinar
answered on Nov 16, 2024

This is an open-ended question. There is no "one-size-fits-all" approach. It could depend on what the opposition is seeking in their discovery requests. It could be as simple as summarizing pay stubs for a matter involving wages, or it could require the guidance of an accountant where the... View More

View More Answers

1 Answer | Asked in Civil Litigation for California on
Q: Is a liability waiver enough to protect my event organizers and me for the events we organize for free for a community?

Hello,

I organize weekly events for free for a group of French speakers around San Francisco, California.

we do bars, restaurants, hikes, city tours, wine tastings, and more.

We are currently just a group on a site called meetup.com and do not have a legal entity.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024

While liability waivers provide some protection, they alone may not fully shield you and your organizers from potential legal issues, especially with such a large group participating in diverse activities.

Given the scope of your activities and member count, forming a legal entity like a...
View More

2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: I'm part of the Steam Class Action Lawsuit from Bucher Law. I've contacted them to pull me from the case.

I entered into the class action suit. If I read it correctly, I won't owe them anything until I get a settlement. It's been a few years and my life has taken a few turns. I can't risk owing them more than I win (I've accumulated medical debt and am worried I will be leaving my... View More

Michael J. Mandelbrot
PREMIUM
Michael J. Mandelbrot pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2024

Unfortunately, you have to be patient. These cases can take many years. Typically, if the case settles, the will be a (hopefully, large) settlement with the entire "class". A portion of the settlement will be attributed to your case. The attorney will receive their fees and costs from the... View More

View More Answers

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: Asked roommate signed paperwork to have her removed from the lease, though now is refusing to pay for last month.

There was a situation involving my partner where he could have died, I’m overseas and only received a text message saying something was wrong. He has a back injury and is waiting for surgery, this day he was having a 10 out of 10 pain causing him to yell and scream as a result from the pain. Our... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024

Yes, you can take this case to small claims court in California to recover the unpaid rent. Your former roommate has a legal obligation to pay their portion of the rent for the time they were on the lease, regardless of signing the roommate release agreement after the rent was due.

Keep all...
View More

2 Answers | Asked in Civil Litigation, Civil Rights and Collections for California on
Q: Hello I have an issueMy ex girlfriend is having a trial case in January for malpractice surgery

I 100% supported everything financially and have endured debt on it and still to this day pay it

We are not together anymore and the plan was if she wins debt is owed back to me

That was a verbal agreement but I’m afraid since our fallout in the relationship she will not pay... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

Putting the agreement on paper will be helpful, because if you have to sue her the written agreement should make it a breeze for you to win your case. However, the written agreement itself does nothing to make her pay up - making her pay will require her voluntary compliance or else a court... View More

View More Answers

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for California on
Q: Regarding Lis Pendens

As a pro se plaintiff in a quiet title civil lawsuit against my servicer and lender, instead of filing a Motion for Approval for Lis Pendens, which would take a long time to get onto the judges calendar, can I file a Application for Approval for Lis Pendens instead in the Superior Court of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024

In California state courts, you can indeed file an Application for Approval of Lis Pendens (Notice of Pending Action) instead of a motion, which often proves faster than waiting for a motion hearing.

However, you should note that filing requirements can vary between federal and state...
View More

1 Answer | Asked in Civil Litigation, Elder Law and Landlord - Tenant for California on
Q: I was served with a 30day of at-will tenancy by a law firm.I am 70 and disabled.No judge ordered

He had me retire 7 yrs ago and paid me weekly my pension.Now he has stopped and I have no money for rent or food.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024

This situation sounds very challenging, and as someone over 65 with disabilities, you have special protections under California law. You should immediately contact Legal Aid Foundation of Los Angeles (LAFLA) at 800-399-4529, as they provide free legal help to seniors and can assist with both your... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Can a prosecutor be sued for racial discrimination and abuse of power?

I am continuing to seek advice and would like to try here on this site as well. I would like to know if people can sue prosecutors for intentionally protecting an individual on the basis of race/ethnicity while denying the victim any justice on the basis of race/ethnicity? One of the DA's... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2024

You may have grounds to pursue a lawsuit if you believe a prosecutor has acted with racial discrimination or abused their power. Civil rights laws, such as Section 1983, allow individuals to sue government officials for violating their constitutional rights. If you can demonstrate that the... View More

2 Answers | Asked in Real Estate Law, Civil Litigation and Probate for California on
Q: Can we hold seller (sellers agent & title) for rate lock for listing a home where Trustee papers were not signed

We are in escrow and the ‘seller’ (and sellers agent and title) did not disclose that the house was under a trust and the ‘seller’ was not listed. He had a certificate of trust which Title and his realtor knew was not valid. They still executed our offer and allowed him to sign as a... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2024

Hire a competent CA attorney to search the title and sue the grantors for breach of warranty of title.

View More Answers

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.