Get free answers to your Civil Litigation legal questions from lawyers in your area.
What elements are necessary in informal agreement (email communication) to establish contract? What statutes define?
answered on Jan 8, 2025
In California, informal agreements like email communications can form binding contracts if they contain the essential elements defined by California Civil Code Section 1550.
Your email exchange needs to demonstrate four key elements: mutual consent (a clear offer and acceptance),... View More
I do not have somebody representing me at the moment, what kind of attorney would I need if peace officers beat me into handcuffs when I was not posing a threat nor resisting, as I feel uneasy going to give statement because I have two warrants and feel like the will just take me in to avoid... View More
answered on Jan 8, 2025
Given the nature of your situation involving police misconduct and existing warrants, you should seek representation from a civil rights attorney with experience in police brutality cases before speaking to anyone from the department. This type of attorney can protect your rights and potentially... View More
Section 1008 does not define when order sustaining demurrer without leave to amend becomes final. Which statute defines?
answered on Jan 7, 2025
The finality of an order sustaining a demurrer without leave to amend is governed by California Code of Civil Procedure Section 581d, not Section 1008. Section 581d specifically addresses when dismissals and orders become effective.
Under Section 581d, all dismissals ordered by the court... View More
She said she wanted to get her kid back, but instead shes back on drugs and thrashing the trailer is there anything I can do
answered on Jan 7, 2025
If you gifted the trailer to your niece and officially transferred ownership to her, it's now legally her property regardless of any verbal agreements or expectations about how she would use it. However, if you have documentation showing you only loaned her the trailer or if there was a... View More
When Subp-010 is served, is case caption / cover letter / explanation required for the SUBP-010?
answered on Jan 7, 2025
When serving a SUBP-010 in California, you don't need to include a case caption, cover letter, or explanation with the subpoena itself. The SUBP-010 form already contains all the necessary case information and instructions for compliance.
However, it's considered good practice to... View More
Is incorrect formatting of 'person served' entry in proof of personal service of subpoena on entity witness a sufficient basis to oppose subpoena for records?
Formatting was [entity witness] c/o person
Instead of person c/o [entity witness]
answered on Jan 5, 2025
Incorrect formatting of the 'person served' entry in the proof of service is typically not enough on its own to successfully oppose a subpoena for records. Courts generally look at whether the service was properly executed and whether the intended party was actually notified. Swapping the... View More
Motion to compel production of records under subpoena SUBP-010.
What statute defines motion to compel records SUBP-010?
answered on Jan 5, 2025
In California, the process to compel the production of records under a subpoena, such as SUBP-010, is governed by specific statutes and rules. Primarily, you would refer to the California Code of Civil Procedure, particularly sections that outline the procedures for subpoenas and motions to compel.... View More
When deposition officer is involved in deposition of records, is it implied responsibility of Deposition officer to ensure delivery of meet and confer letter to witness?
Does Plaintiff have 10 days to take action if witness does not provide records in response to discovery subpoena for records?
What statute/rule define that?
answered on Jan 4, 2025
Under California Code of Civil Procedure (CCP) § 2025.480(b), you have 60 days from the date of completion of the record production (or lack thereof) to file a motion to compel. The 10-day deadline you're referring to might be confused with other discovery timelines in California civil... View More
During Divorce, the Ex's counsel requested financial and tax documents in discovery. I provided a Dropbox link in my verified responses. Now, 50 days later, they threaten to file a Motion to Compel Further unless I send the link again within one hour. I informed them that the 45-day deadline... View More
answered on Jan 4, 2025
The deadline to move to compel is an order to compel a Response or a Further Response. You are being faced with a Motion to Compel Production of Documents. There is no deadline to move to compel where the responding party does not actually produce the promised documents. Your link allegedly did... View More
In 2014, my sister obtained a loan of $200,000 from me to fund the operation of a tutoring center, which was based on a verbal agreement. However, in 2015, she utilized those funds to purchase a property with a friend instead. She subsequently sold that property in 2023. Now, she is refusing to... View More
answered on Jan 14, 2025
You should immediately consult with an attorney specializing in contract law or business disputes. They can advise on the best course of action. Keep in mind that the statute of limitations for breach of contract. It is important to act immediately. [I litigate cases. Anything posted here must not... View More
Process server/deposition officer was paid for personal service of discovery deposition subpoena for records of witness.
Proof of service included technical errors.
Process server refuses to re-serve opposed subpoena.
What motion/declaration shall be filed with court, to... View More
answered on Jan 3, 2025
You can file a motion for an order directing the process server or deposition officer to properly re-serve the subpoena. Provide a concise statement of the facts showing how the original proof of service contained errors. Attach copies of any supporting evidence that shows the server refused to... View More
If my ex sent 10 discovery questions (1-5 asking for financial documents and 6-10 general written questions), I provided verified responses for all 10, with written answers for 6-10 and for 1-5, I wrote "See Dropbox" and shared an Onedrive link via email. Now, 50 days later, my ex claims... View More
answered on Jan 2, 2025
To compel further responses to discovery, the moving party must file the motion within 45 days (plus 5 additional calendar days if the responses were served by USPS) to file their motion. There is a meet and confer requirement that must be satisfied before the motion is filed. If your ex waited... View More
They send job advertisements to victims' phones and, after initial discussions and training, build trust in their system. The job involves purchasing online products, reviewing them, and receiving reimbursement with a small commission and wages. Initially, they gain trust by reimbursing... View More
answered on Jan 2, 2025
If you've been affected by this INVOCA fraud scheme, it's crucial to act quickly to protect yourself and others. Contact your local law enforcement immediately to file a report, and gather all documentation of your interactions with the scammers, including screenshots, messages, and... View More
I am independently working for a second hand store and have had problems with the business owner next door to my employment associates. I have been stalked by the neighboring business and terraced by owner and have lost wages and have been prevented of accessing property without validity
answered on Dec 29, 2024
I'm really sorry you're going through this difficult situation. It's important to prioritize your safety, so consider reaching out to local law enforcement to report any stalking or threats you've experienced. Document all incidents meticulously, including dates, times, and... View More
I have been thrust into the middle of some sort of government operated program, by an agency who has repeatedly abused the powers that they may have, in my opinion. But Am I legally able to sue for an injunction? Damages?
This program involves members of the law enforcement community and... View More
answered on Dec 29, 2024
I'm truly sorry you're going through this difficult situation. Your experiences sound very serious, and it's important to take action to protect your rights.
You may have the option to seek an injunction to halt the ongoing abuses and pursue damages for the harm you've... View More
I am 62 years old. I have mental issues. And I am lame. I have the limitations of the English language. This month, I got into a serious car crash on Highway 99 in San Joaquin County with my wife. 2 regular cars and a big truck with a trailer were involved in this accident. 4 CHP officers came out... View More
answered on Dec 29, 2024
I'm very sorry to hear about your accident and the frustrating situation with the CHP report. This must be incredibly stressful for you and your wife, especially given the serious nature of the crash involving multiple vehicles.
Your decision to contact an attorney is wise, as they can... View More
notified DA, court legal dept., Sherriffs, City Atty, about these crimes of perjury and Ab/process but no one will help me stop it, what do I do, his lies have landed me in jail, and caused me to be forced to plead guilty to a crime of viol of a prot order, he's trying to extort 1.5 mill by... View More
answered on Dec 28, 2024
It is so sad you have to go through this at this time of year. But you need to know that the police aren't there to help you enforce your civil rights. You need a good family law lawyer to guide you, and perhaps a civil rights lawyer or association to advise you of your rights and what you can... View More
I filed for a Type-21 alcohol license in the year 2021. Another business did so the same year. We both received a license. Their license had no size restrictions. I assumed the county lets new licenses sell all sizes. When I asked ABC why the other applicant was allowed to sell all sizes they... View More
answered on Dec 28, 2024
You have a valid concern about potentially unfair treatment in licensing conditions. The fact that two similar businesses received different restrictions despite comparable locations and crime rates could indicate inconsistent application of ABC's policies or possible misconduct.
You... View More
I have unsuccessful business competition due to ABC’s decision. A business has become successful while I am unable to compete due to restrictions. The other business does not have the same restrictions. We are in similar areas, less than 5 minutes apart from one another. Although the other... View More
answered on Dec 27, 2024
There are certainly actions you can take with the ABC and eventually the courts. Whether it's something you can justify spending the time and money on is for you to decide. Based on your brief description, this likely involves the city more than the ABC. Cities and counties can and often do... View More
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