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Civil Litigation Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation, Contracts and Mergers & Acquisitions for California on
Q: My name is Trinette Littles. In 2019 I registered my comic book Wrapper Girl Comics as a business after graduation.

Time has passed and now I'm am being homosexually and racially harassment by Mattel, Spotify and Nicki Minaj. I am not sure if Mattel and Spotify are supporting her in the harassment but I have reason to believe so. I did nothing but post some doodles of my character on a Instagram account I... View More

James L. Arrasmith
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answered on Dec 7, 2023

If you believe you are facing harassment from Mattel, Spotify, and Nicki Minaj related to your comic book character, it's important to gather all relevant evidence. This includes documenting instances of harassment, any communication from these entities, and details on how their actions... View More

0 Answers | Asked in Civil Litigation, Construction Law, Contracts and Insurance Bad Faith for Idaho on
Q: We hired a metal building erector Contractor LLC Co. He is in breach of contract. He did not cary insurance. What now?

Our building erector contractor did not cary general liability insurance during work on our Barndominium. He did not follow the pre engineered building plans provided and called out in the contract. They damaged most of the materials during construction. Per a subject matter experts report and a... View More

0 Answers | Asked in Family Law, Civil Litigation and Civil Rights for Alabama on
Q: Need help with a civil matter sheriff's department in 10 deputies broke into our house at gunpoint and stole our baby

No warrant no nothing violated us assaulted us the damage the property traumatizes

0 Answers | Asked in Business Law, Civil Litigation and Contracts on
Q: Can the C. A. R. Form CC be amended to add a second reason for canceling? What law says it is ok to amend?

In particular, if the C.A.R. Form is amended, to include a second reason for the contract cancellation such as: misrepresentation of the disclosures. What law supports that the cancellation of a purchase agreement does not alter the consequences of any liability for activities and events which... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Civil Litigation for New York on
Q: I was in a dv situation where I had to relocate and leave my home. Rochester housing authority didn’t recognize my dv

Section 8 refused to allow me to move and I had to return to Rochester and pay my landlord to let me move and keep my section 8. My landlord even attempted to sue me for late fees while I was staying with family hiding from my abuser. Also the fire investigation department and the RPD did nothing... View More

James L. Arrasmith
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answered on Dec 7, 2023

In situations involving domestic violence (DV) and housing, there are legal protections in place, but navigating them can be complex. Under federal law, the Violence Against Women Act (VAWA) offers certain protections for victims of DV living in federally assisted housing, which includes Section 8... View More

0 Answers | Asked in Civil Litigation, Family Law and Child Custody for New York on
Q: Complex question in regard to citing case law on my affidavit in support of petition to modify custody & OSC filings…

In regard to change of circumstances factors for consideration, preponderance of evidence, relevant facts/evidence &affidavit in support of my petition to modify custody & OSC motion; I’m not sure how to articulate my question but here it goes: I have pending custody litigation for... View More

1 Answer | Asked in Civil Litigation for California on
Q: Can I appeal in another state?

If I lost a summary judgement in Texas and cannot be there in person can I appeal it instead in my home state of California?

James L. Arrasmith
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answered on Dec 6, 2023

In the United States legal system, appeals must be filed in the jurisdiction where the original case was heard. Therefore, if you lost a summary judgment in Texas, you would need to appeal within the Texas court system. It's not possible to transfer the appeal to a different state, such as... View More

2 Answers | Asked in Consumer Law, Arbitration / Mediation Law, Banking and Civil Litigation for California on
Q: What legal action can I take against cashapp?

In August I was given authorization to add a friends card to my cash app to add funds to my acct. which I withdrew and gave to her as I had multiple times before. In late September, that friend started a huge fight with me as she thought I had been seeing her ex bf. She assaulted me and stole my... View More

Leon Bayer
Leon Bayer
answered on Dec 6, 2023

You are not going to like what I have to say. If you can't handle criticism, stop reading right HERE.

Your beef is with your ex-friend, not with Cashapp.

Cashapp does not care who is right or wrong. They simply don't want to be mixed up in it.

Cashapp did not...
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0 Answers | Asked in Civil Litigation for California on
Q: Evection -My answer was rejected do to us being a business, The court stated we must be represented by an attorney.

Was given an eviction notice. Completed the answer. Heard nothing from the courts after 3 weeks. Called, court stated nothing was filled. Couple of days later received a court letter stating our answer was stricken due to us being a business. We needed representation to proceed. We are a non... View More

0 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Delaware on
Q: As a renter am I required to pay a brokerage fee for renewing a lease?

Licensee contacted me says I had to pay him the next day and he was going to draft the new lease agreement immediately. This was in late November however my lease ends in February. He asked for $600 and said the landlord is paying the other half. I questioned the validity of his claims and if it... View More

1 Answer | Asked in Landlord - Tenant and Civil Litigation for California on
Q: I live in an apartment. I also rent a garage. I let my daughter live there for a year and then let her leave her stuff

in my garage. that was a year and a half ago. we are now asstranged and i gave her 60 days to move her stuff out. I don't think she is going to do it. she is threatening to take me to civil court if i dispose of it in any way. what are my legal rights to remove her stuff from my garage? what... View More

James L. Arrasmith
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answered on Dec 5, 2023

In California, when dealing with personal property left by another person on your property, there are specific legal steps you must follow. As you have already given your daughter a 60-day notice, it's important to ensure that this notice was given in writing and includes a statement that the... View More

2 Answers | Asked in Civil Litigation and Libel & Slander for New Jersey on
Q: My therapist and I were discussing my ex and he said that it's possible she had a personality disorder and I posted it

I posted what my therapist said about my ex. I didn't mention her name. Can I get sued?

James L. Arrasmith
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answered on Dec 5, 2023

Under New Jersey law, defamation suits typically involve making a false statement about someone that harms their reputation. However, in your case, since you didn't mention your ex's name, it significantly reduces the risk of a defamation claim. Anonymity in your post makes it difficult... View More

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0 Answers | Asked in Civil Litigation, Personal Injury and Municipal Law for New York on
Q: Can I sue the N Y City and its Dept of Finance for malfeasance of the Sheriff in not executing the warrant of eviction ?

By putting a condition that I must provide a 60 day prepaid receipt from a DOT licenced moving and storage company in NYC, for executing a warrant of eviction, the Sheriff of queens, NYC has stalled eviction for the last 2 months. This has caused huge loss of rental income.

There is no... View More

1 Answer | Asked in Civil Litigation for California on
Q: Fire destroyed my car parked in motel carport are they liable
James L. Arrasmith
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answered on Dec 5, 2023

In California, determining the liability of a motel for damage to your car due to a fire involves several factors. Primarily, it depends on the cause of the fire and the level of negligence, if any, on the part of the motel.

If the fire was caused by the motel's negligence, such as...
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2 Answers | Asked in Civil Litigation and Family Law for California on
Q: California, Family Law. The minute order stated that the court adopted the Family Court Services Recommendations

Judge adopted the Family Court Services Mediation Recommendation and ordered the Recommendation attached to the minute order . Unfortunately the FCS Recommendation never was attached ...... what options are available to force the court to attach the FCS Recommendation to the minute order?

James L. Arrasmith
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answered on Dec 5, 2023

In this situation in California Family Law, where the Family Court Services (FCS) Mediation Recommendation was not attached to the minute order as directed by the judge, you have several options to address this oversight.

First, you can contact the clerk of the court to inquire about the...
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1 Answer | Asked in Civil Litigation for California on
Q: A CHP officer lied under oath in court. Can I sue him ?

I am a surgeon and was called to the ER for an emergency. While driving to the hospital I got pulled over for speeding. I explained to the officer that I am surgeon on my way to the hospital for an emergency. He gave me a ticket. When I appeared in court, he said he did not recall me saying that I... View More

James L. Arrasmith
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answered on Dec 5, 2023

In California, if you believe a CHP officer lied under oath, you have the option to bring this matter to the attention of the appropriate authorities. This could involve filing a complaint with the California Highway Patrol's internal affairs division or with the agency that oversees law... View More

1 Answer | Asked in Business Law and Civil Litigation for California on
Q: I was told i was removed from a class action lawsuit, which is BS. Everyone else received their checks but me.

Referring to the Porter Ranch/Sempra Energy settlement. I'm pretty sure my attorney, who represents many others, just forgot about me somehow and dropped the ball. What is my recourse, if any?

James L. Arrasmith
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answered on Dec 4, 2023

If you believe you were wrongly removed from a class action lawsuit, such as the Porter Ranch/Sempra Energy settlement, your first step should be to contact the attorney who represented you. It's important to inquire specifically about your status in the lawsuit and request detailed... View More

2 Answers | Asked in Civil Litigation for New York on
Q: I must do a deposition and I have severe anxiety disorder. Can I do the deposition on video?

Is video deposition the same as in person?

David H. Relkin
David H. Relkin
answered on Dec 5, 2023

An application for a video deposition should succeed. Section 3113(b) of the Civil Practice Law and Rules allows for testimony to "be recorded by stenographic or other means[.]" Section 202.15 of the Uniform Rules for the New York State Trial Courts allows for depositions to be recorded... View More

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