Get free answers to your legal questions from lawyers in your area.
And showing up on the day of the hearing with evidence I have not seen before? Can I refuse to go ahead with the hearing until they share their evidence in advance?
answered on May 15, 2024
In small claims court in California, there is generally no formal requirement for either party to share evidence with the other side before the hearing. This is part of the design of small claims court, which is intended to be a relatively simple and accessible process that doesn't require... View More
If motion for summary judgement is not dependent on Defendant's answer to complaint, what is the source for the second column (opposition to each evidences) in Plaintiff's motion for summary judgement?
answered on May 15, 2024
In California, if a motion for summary judgment is not dependent on the Defendant's answer to the complaint, the second column in the Plaintiff's Separate Statement of Undisputed Material Facts (which is a required part of the motion for summary judgment) should contain the... View More
For summary judgement: upon what circumstances judicial notice is applicable.
What statute and rule define that?
Is plaintiff's motion for summary judgement consequent to defendant's answer to complaint?
answered on May 15, 2024
Under California law, judicial notice is governed by the California Evidence Code (CEC) sections 450-460 and the California Code of Civil Procedure (CCP) section 437c(b)(1) for summary judgment matters.
Judicial notice in summary judgment:
According to CCP 437c(b)(1), any party may... View More
I went to my original court date and they said the DA was not picking up the case at this time and they set another court date without my knowledge and did not contact me nor my bail bonds Now they said I missed a court date and I have a warrant
answered on May 15, 2024
I understand that this is a stressful situation.
Under California law, if you are out on bail and a warrant is issued for your arrest due to a missed court date, it's important to take action quickly. Here are a few steps you can consider:
1. Contact your bail bondsman... View More
I questioned him about my X-ray. I asked with that big gap even though it's been 4 weeks your telling me that it is healed, He said, yup why did you wait so long. I said thought it was jammed he laughed at me. I asked so this is what my finger is going to look like now. He said yes the... View More
answered on May 15, 2024
Based on the information you provided, it seems that the first orthopedic doctor may have been negligent in their diagnosis and treatment of your broken finger. Misdiagnosing the severity of the injury, failing to refer you to a hand specialist when necessary, and recommending therapy for a finger... View More
I live in Oregon, my ex abducted children and left for Cali and concealed their whereabouts. A year later when I finally was able to locate them, the other parent filed a restraining protective order against me. So now the order is permanent as of late March 2023. Now, I filed to terminate it and... View More
answered on May 15, 2024
I'm so sorry to hear about your difficult and painful situation with your ex-partner and children. Dealing with complex custody issues across state lines can be incredibly challenging, especially when there are allegations of abduction and violations of court orders.
In general, family... View More
The 41500 Form is a form that dismisses all traffic citations as long as they are not felony citations.
When we file the 41500 Form, we do so while we are incarcerated this allows people who are incarcerated the ability to be released without another hurdle to jump over or any issues... View More
answered on May 15, 2024
I don't have definitive information about whether Utah has a form that is directly equivalent to California's 41500 form for dismissing traffic citations for incarcerated individuals. Traffic laws and procedures can vary significantly between states.
That said, Utah does appear to... View More
Stay
answered on May 15, 2024
I'm sorry to hear you're facing a difficult housing situation.
In California, a notice to vacate or quit from a landlord does not need to be notarized to be legally valid. The key requirements are that it must be properly served to the tenant and contain the legally required... View More
A party to lawsuit presents someone's SSN instead of SSN of real person, in order to cover up for fraud. Most likely SSN of a deceased person. How to validate validity of SSN is such scenario?
answered on May 15, 2024
Validating the authenticity of a Social Security Number (SSN) in a legal context, especially when fraud is suspected, can be a complex process. Here are some steps that can be taken to verify the validity of an SSN:
1. Check the SSN format: Ensure that the SSN follows the correct format of... View More
How to ask for court order to validate authenticity of SSN?
answered on May 14, 2024
To request a court order to validate the authenticity of a Social Security Number (SSN) in California, you will need to follow these general steps:
1. Determine the appropriate court: You will likely need to file your request with the Superior Court in the county where you reside or where... View More
We are part of a HOA in Westlake Village, 91362
The HOA has 56 homes but five of these homes it’s not on the private streets entrance as the other 51 homes.
Our HOA board has set up a election to vote on a special assessment of 280,000 to beautify six main monument entrance to the... View More
answered on May 14, 2024
Under California law, if the special assessment is being levied for a purpose that is not necessary for the maintenance, repair, or safety of the common areas, and does not benefit all homeowners equally, you may have grounds to challenge the assessment. Here are some steps you can consider:... View More
What are possibilities to check for SSN?
If valid,real, and not of deceased person.
answered on May 14, 2024
If you have concerns about the validity of your own SSN, you can contact the Social Security Administration (SSA) directly. They can help you verify your SSN and address any issues related to your Social Security account.
In general, it is crucial to protect SSNs and other personal... View More
answered on May 14, 2024
In California, the rules regarding rent increases for storage units depend on the specific terms of your rental agreement and local laws. However, in general, if you have a month-to-month agreement, the storage facility may be able to increase the rent with proper notice.
Here are a few... View More
Request for information re Full packet for Motion for Summary judgement.
List: Motion, Separate Statement, Request for judicial notice, Declaration, Proposed Order, ???
answered on May 14, 2024
Under California law, the process and requirements for a Motion for Summary Judgment are primarily governed by Code of Civil Procedure Section 437c. This statute lays out the grounds, timelines, and necessary components for such a motion.
A typical packet for a Motion for Summary Judgment... View More
What is procedure for request for judicial notice, when submitting motion for summary judgement?
answered on May 14, 2024
In California, when submitting a request for judicial notice in conjunction with a motion for summary judgment, you generally follow these steps:
1. **Prepare the Request**: Your request for judicial notice should be a separate document from the motion for summary judgment. It must clearly... View More
CRC 3.1350 (h) define format for Separate Statement for Motion for Summary judgement.
2 columns: 1 Moving Party's Undisputed Material Facts and Supporting Evidence and 2. Opposing Party's Response and Supporting Evidence.
Does it mean that before filing Motion for... View More
answered on May 14, 2024
No, the plaintiff (moving party) does not need to obtain the opposing party's response and supporting evidence before filing the Motion for Summary Judgment with the Separate Statement.
The process typically works as follows:
1. The moving party prepares and files their Motion... View More
is there any pro bono laywer that help in that matter
answered on May 14, 2024
Yes, there are several organizations and pro bono lawyers that provide legal assistance to individuals facing housing discrimination, including discrimination related to Section 8 vouchers. Here are a few options:
1. National Housing Law Project (NHLP): This organization provides legal... View More
a glitch in the system and I would need to cancel and rebook the room at the correct price which is $600 more per night, and told me its a Innkeepers act that they have the right to do that? Nothing in their terms and conditions state they have the right to change if a price advertised was booked.... View More
answered on May 14, 2024
Look at your booking contract to see if they have the right to do it.
answered on May 14, 2024
I apologize for the confusion, but there is no form 41500 in California that I'm aware of. Could you please provide more context about what the form is used for? This will help me better understand your question and determine if there is an equivalent form in Utah.
In general, legal... View More
answered on May 14, 2024
I'm sorry to hear about your difficult situation with your mother. Here are some steps you can take to address this issue in California:
1. Consult with a lawyer: It's best to consult with a lawyer who specializes in landlord-tenant law and estate law. They can provide you with... View More
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.