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California Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Legal Malpractice and Small Claims for California on
Q: California civil what are the standard and rule for a lawyer formally appearing before court on behalf of some1?

My daughter lawyer works for a law firm. The firm is listed on her complaint but the lawyer representing her didnt say she is the attorney of record….She only say “I am a attorney for— then she say her law firm” She never say appearing on behalf or for my daughter (plaintiff), no notice of... View More

James L. Arrasmith
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answered on Jul 26, 2024

In California, an attorney must formally appear before the court on behalf of a client to represent them in a legal matter. Typically, this involves filing a Notice of Appearance with the court, stating that the attorney or law firm is representing the client in the case. This notice helps ensure... View More

1 Answer | Asked in Civil Litigation and Libel & Slander for California on
Q: Can a car share company release information about me to another person without my consent in California?

I rented a vehicle from a car share. Returned the vehicle like I always get told. Drop it off at the location, place the keys in the glovebox and the close everything up, I take a photo of the plate number on my phone and leave. Never had an issue but now the company is saying the the owner is... View More

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answered on Jul 26, 2024

Under California law, car share companies must adhere to strict privacy regulations. They are generally prohibited from sharing your personal information without your explicit consent. This includes details about your rental history, your location, and other identifying information.

If the...
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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Medical Malpractice for California on
Q: I have no money and currently suffering from brain leasons and serve brain detairation due issue beyond my control.

I fall underneath four major complaints, within the actual scope of protection both medical and emotional! As major injury suffered only 3 months after original placement both suffering physically,mentally, emotionally had been only of the 1st of 6 major contributors of all four federal... View More

James L. Arrasmith
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answered on Jul 23, 2024

Under California law, you have several rights and protections that can help you address these issues. Medical neglect, sexual misconduct, and other forms of abuse are serious matters that the law takes very seriously. If you have suffered harm due to the actions or negligence of medical... View More

1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: My x boyfriend/ mechanic was mad after we broke up he damaged my car and slash my tiers it's amonth n doesn't wantto pay
James L. Arrasmith
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answered on Jul 20, 2024

In California, you have the right to seek compensation if your ex-boyfriend damaged your car and slashed your tires. Since he is refusing to pay for the damages, you can file a police report to document the incident. This report can serve as crucial evidence if you decide to pursue legal action.... View More

1 Answer | Asked in Civil Litigation for California on
Q: Can people make written statements without fear of retaliation from the plaintiff?

I’m being sued for defamation and unfortunately have to represent myself. I have more than enough people willing to make written statements to substantiate my claims as true however a lot of them are fearful of retaliation from the defendant. Are they protected in anyway by making a statement... View More

James L. Arrasmith
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answered on Jul 20, 2024

When people make written statements to support your case in a defamation lawsuit, they may have concerns about potential retaliation from the defendant. Generally, witnesses who provide truthful statements are protected from retaliation under the law. Witness intimidation or retaliation can be... View More

2 Answers | Asked in Civil Litigation, Estate Planning, Real Estate Law and Probate for California on
Q: Can a California Notary Public draft a grant deed and then notarize the grant deed herself?

Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?

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answered on Jul 20, 2024

In California, a Notary Public can notarize a grant deed, but they cannot draft the deed themselves. Notaries are authorized to verify signatures and identities, but they are not allowed to provide legal advice or draft legal documents, which includes deeds.

If the notary is also a real...
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1 Answer | Asked in Civil Litigation for California on
Q: Boyfriend asked me to keep $4000 because he has no bank account but for months, he kept asking me to order fast food

from Doordash, Postmates, etc, and pay out of my own money, not his. I told him on several occasions that I couldn't afford to pay for his food. Can I legally charge/take out the expense of his food?

James L. Arrasmith
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answered on Jul 19, 2024

In California, if you and your boyfriend did not have a clear agreement that you could deduct the cost of the food from the money he asked you to keep, you may not have the right to do so. Without a written or verbal agreement, taking out expenses could lead to potential disputes. It's... View More

2 Answers | Asked in Civil Litigation, Collections, Foreclosure and Real Estate Law for California on
Q: I am a Creditor seeking foreclosure on a Los Angeles condo by a man who Fraudulently Transferred equity to his brother.

To avoid Writ of Execution to sell his Los Angeles Condo in 2005, the co-owner attempted to transfer his 1/2 equity to his brother for an alleged $431,975. No loan, and no loan documents ever existed, just the filing for a Trust Deed on the entire condo. I contend that the 7-year statute of... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 18, 2024

Thank you for your question!

If it was a fraudulent transfer, just to shield the property, you probably can reverse the transfer. The statute of limitation of the judicial foreclosure is 3 years unless it was in installments. There is a trust deed, so you may be able to do a non-judicial...
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1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: If my car was taken without leaving a ticket on it or marked tires, with out due process can I sue? And how?

The police are stonewalling me and the tow company won't let me know anything , illegally towed, no due process, don't I have rights?

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, if your car was towed without proper notice or due process, you have the right to challenge this action. Typically, law enforcement or the towing company must provide specific documentation, such as a ticket or notice of violation, and follow legal protocols before towing a... View More

1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: If my car was taken without leaving a ticket on it or marked tires, with out due process can I sue? And how?

The police are stonewalling me and the tow company won't let me know anything , illegally towed, no due process, don't I have rights?

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, if your car was towed without proper notice or due process, you have the right to challenge this action. Typically, law enforcement or the towing company must provide specific documentation, such as a ticket or notice of violation, and follow legal protocols before towing a... View More

1 Answer | Asked in Civil Litigation for California on
Q: How can a dad see his kids if his ex took the kids to live across the country and he can’t afford to travel to see them?

My brother and his wife are in the process of divorcing. A year and a half ago, my brother’s wife left him and took her two young (3 and 6) kids with her across the country and moved in with her parents. My brother has a job but doesn’t make enough to afford legal counsel. He represented... View More

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answered on Jul 18, 2024

It's heartbreaking to see your brother struggle to maintain a relationship with his children under these circumstances. One possible step is to request a modification of the custody arrangement based on the financial hardship and the children's best interests. He can emphasize the... View More

1 Answer | Asked in Bankruptcy, Business Law and Civil Litigation for California on
Q: Someone was buying my business. They owed me $85,000. Did bankruptcy. Why do they get to keep my business and make money

It seems to me that if you possess any asset without paying for it that is theft. Why were they allowed to keep the business and make money at it.? It is not their only source of income. Besides, it is not their business. If you are buying a car and fail to pay for it, it get repossessed. Why do... View More

James L. Arrasmith
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answered on Jul 18, 2024

It sounds like you're facing a frustrating situation. In bankruptcy proceedings, assets and debts are handled according to specific laws. When someone files for bankruptcy, their debts can be discharged, meaning they are no longer legally required to pay them. However, this doesn't... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: I would like to know why everyone tells me to get a lawyer, but I can't seem to get one because it seems they are scared

My case is simple, violations of my rights to due process, unlawful arrest

On video, what is the problem, I don't feel like a American at all, I feel discrimination and racism help l

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

Attorneys have different levels of experience and different skill sets. Some attorneys only handle transactions and do not represent clients in court at all. Of the attorneys who do represent clients in court, some practice only criminal law, some practice only family law, some practice only... View More

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1 Answer | Asked in Civil Litigation for California on
Q: If a motion for default judgment is not held at trial is it ground for motion for new trial

I am a plaintiff in a civil case in California which I filed in 2019 but only went to trial in June 2024. I represented myself. The judge surprisingly

decided for the defendant.

The defendant's answer did not meet the timelines required by law. I filed for a motion for... View More

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answered on Jul 18, 2024

Under California law, failing to address a motion for default judgment can be grounds for a motion for a new trial. If the court did not properly consider your motion and this oversight affected the outcome of the trial, you may have a valid basis for requesting a new trial. You should file a... View More

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for California on
Q: The basis of the issue im having is in regards to the return policies of a big box store. See more info

The store sold me multiple high valued items (original order total nearing $10k) that included "free gifts" with purchase (Billed as separate items on the receipt with a cost of $0). I returned the paid items in store, and was issued a return in full. They have now retroactively requested... View More

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answered on Jul 18, 2024

Under California law, the terms of the sale and the store's return policy generally govern the issue. If the return policy explicitly states that free gifts must be returned upon returning the purchased items, then the store has the right to request their return. This is because the free gifts... View More

1 Answer | Asked in Consumer Law and Civil Litigation for California on
Q: I’m the Plaintiff, does my lawyer need to state at some point that she’s representing me?

Summons case assignment etc have been issued, waiting answer from Defendant. Judge we’re assigned to, is known for being “hard and to the point” Got sanctioned years ago for mistakes by my lawyer for small things like that. Obviously, I’m depending on my lawyer to be honest, know these... View More

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answered on Jul 18, 2024

In California, your lawyer does need to state that she is representing you, particularly in formal documents and court appearances. This is crucial for maintaining clear communication with the court and the opposing party. Your lawyer's role and representation should be clearly indicated on... View More

2 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: I discovered the lease the landlord is using is expired and has a lower amount of rent and a wrong address where to pay

I need to get a fair hearing I have discovered the lease on the eviction is invalid I have been wrongfully evicted and the hearing was very unfair and I can prove to the judge that I am telling the truth it's not for entertainment he dismissed my last case since it was wrong identity that he... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 9, 2024

Thank you for your question!

The amount of rent can be increased under some restrictions after the fixed terms of tenancy ends.

If you have paid the rent to the address mentioned in the lease, and you were not given any notice about the change of address, then you can use that as a...
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1 Answer | Asked in Civil Litigation for California on
Q: I live in California, my son was killed by law enforcement last jan 11 2023 . He suffered from betrayal trauma because h

His wife left him fir another man. He was killed by law enforcement . She is still with the man she left him for. She filed a wrongful death laws suit. She didn't even go to his funeral she did not suffer at all.

James L. Arrasmith
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answered on Jul 18, 2024

I'm very sorry for your loss. Dealing with the death of a loved one, especially under such traumatic circumstances, is incredibly challenging. Your situation raises important questions about wrongful death lawsuits in California.

In California, wrongful death claims can typically be...
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1 Answer | Asked in Civil Litigation and Probate for California on
Q: I am one of the beneficiaries on The Turner Family Trust. Can the trustees lawyer submit Special Interigatorries on us

To the tune of 400 some odd questions when we have a Mandatory Settlement Hearing on August 9 , 2024. Most of the questions were answered in my petitions to the court already. Debraannturner@gmail.com

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answered on Jul 18, 2024

Under California law, trustees have a fiduciary duty to act in the best interests of the beneficiaries and may use legal tools such as Special Interrogatories to gather information. However, the number and scope of these questions should be reasonable and relevant to the case. If you believe that... View More

1 Answer | Asked in Civil Litigation and Probate for California on
Q: I am one of the beneficiaries on The Turner Family Trust. My cousin is the Trustee. We have a Mandatory Settlement Heari

Hearing on August 9, 2024. The opposing side sent me 3 Docs Interrogatories Special total 245 Questions. Request for Admission 91 Questions and Production of Documents 100 questions. I read that they are not allowed to ask for these before a mandatory Settlement Hearing. If allowed how many... View More

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answered on Jul 18, 2024

In California, during a Mandatory Settlement Conference (MSC), discovery is not typically conducted. The purpose of the MSC is to facilitate settlement discussions between the parties and not to engage in extensive discovery. While discovery can be pursued during litigation, the timing and extent... View More

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