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Arizona Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Divorce, Estate Planning and Real Estate Law for Arizona on
Q: Does my deceased moms will have any power over house contract. What options do we have.

My mom and her x husband bought a house in 89 and then divorced about 10 years later. In their divorce the judge said for them to sell the house to split 50/50. Her x husband wasn't interested in the house he let it go into hawk and him and his new wife bought a house in another city. My mom... View More

Peter H. Westby
Peter H. Westby
answered on Apr 30, 2018

This is an issue involving a large sum of money. When dealing with something of this importance, you need to discuss with a real estate attorney. Your attorney will need to review the divorce decree and the deed to this home before he or she can answer your question.

1 Answer | Asked in Civil Litigation and Social Security for Arizona on
Q: Can a Notice of Errata be used to correct for factual error by the opposing litigant in civil case in fed distr Court?
Joel Friedman
Joel Friedman
answered on Apr 15, 2018

I do not accept clients with United States District Court civil cases. My practice is limited to representation of individuals with Arizona work injury claims

1 Answer | Asked in Civil Litigation, Probate and Small Claims for Arizona on
Q: How long must we wait for property be released after completing a Small Estate Affidavit in Arizona?

We completed a Small Estate Affidavit for a storage unit facility refuses to grant access to the unit for 2 months. They claim they have to "verify" the Affidavit before allowing the heir any access to the property. It has been weeks, but still no access granted. How long can they... View More

Peter H. Westby
Peter H. Westby
answered on Apr 6, 2018

There is no waiting period for the use of a small estate affidavit. Access can be given immediately unless the contract signed with this business provides otherwise. I would demand immediate access unless they have something in writing and signed giving them the right to delay.

1 Answer | Asked in Civil Litigation for Arizona on
Q: i have signed a release on my litigation case but have not recieved any funds can i change my mind

i have skitzophrenia and am smi and i have never personaly met my lawyers and did not understand the release until recently i had a friend explain it to me...there is a chance or posibly i can die from and get diseases from

the implant. my lawyers said that they just put that in the... View More

Peter H. Westby
Peter H. Westby
answered on Mar 20, 2018

You may be able to change your mind but I recommend discussing this issue with independent counsel before you decide. Independent counsel can review the materials you signed and can learn more about the facts of your case. He or she can give you an opinion as to what is in your best interest.... View More

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Arizona on
Q: We are representing ourselves in a litigation case against a home servicing company.

We are at the stage of opposing side asking to dismiss. The judge denied their request 3 times, One of the approved was the Breach of Contract to include a few other charges. I now need to follow up doing a rebuttal I believe it is called to the ones that the apposing side has defended requesting... View More

Michael Gerity
Michael Gerity
answered on Mar 16, 2018

Hello. I hate to say it, but this goes WAY beyond the kind of legal advice you should be seeking on an online question and answer forum. It's not really even clear whether you are the plaintiff or defendant, and it's nearly impossible to address issues relating to dismissal without a... View More

1 Answer | Asked in Consumer Law, Contracts, Business Formation, Civil Litigation and Small Claims for Arizona on
Q: We hired a venue for my daughter's quinceanera cost us over $10,000. A shoebox with at least $5,000 of gifts was stolen.

The venue had no security cameras and I found out that this is happened before and they still have not put security cameras in. Can we hold them liable for the $5,000 of stolen merchandise.

Peter H. Westby
Peter H. Westby
answered on Mar 13, 2018

You may have a good claim. Generally, a business is not responsible for the criminal conduct of a third party. But where a business has notice of prior thefts and does not take reasonable steps to secure its premises for the protection of its customers, there can be liability for a... View More

1 Answer | Asked in DUI / DWI, Personal Injury, Civil Litigation and Legal Malpractice for Arizona on
Q: Victim of a drunk driver that damaged property exceeding $30,000 in repairs. Need a lawyer who can file civil suits.

The drunk driver was dismissed of all chargers. I am looking for a lawyer who can pursue a civil law suit and look into if there was any leniency towards the defendant. Victim feels as if there was not enough action taken for restitution and wants to sue the city of Yuma. Are there lawyers here in... View More

Priscilla Frisby
Priscilla Frisby
answered on Feb 23, 2018

First you need to search for other possible insurance policies on which to make claims, but if there are no other policies available, besides the one you have exhausted, then you need to do an asset search on the liable party to see if it will be worth the return on your investment to file a... View More

1 Answer | Asked in Civil Litigation and Divorce for Arizona on
Q: Can I respond to the Plaintiffs Notice of Intent to turn my motion to dismiss into summary judgement?

Lawsuit filed by my ex for a large amount of money. In his complaint he is claiming Conversion and Breach of Bailment Contract and the only items attached to his complaint to back up his claims is a list of items with ludicrous values attached to them. He is claiming in his complain that I refused... View More

Peter H. Westby
Peter H. Westby
answered on Feb 20, 2018

If you are representing yourself in this litigation you need to be familiar with court rules. See rule 12 (d) that states when matters outside the pleadings are presented in support of a motion to dismiss under rule 12, the Court shall treat the motion as one for summary judgment. You have some... View More

1 Answer | Asked in Car Accidents and Civil Litigation for Arizona on
Q: my office sign hit the car door of my client and scratched his car..he gave me a bill for 450.00 what do i do

His wife said she told him not to park so close to sign and wind blew sign into car. I was so upset, I told him I couldn't charge him (300 dollars) for his tax return and he came back a few days later with an estimate to fix his car of 450.00. He didn't even take into consideration that... View More

Peter H. Westby
Peter H. Westby
answered on Feb 15, 2018

This appears to be more of a business question than a legal question. If this client is a valued client who gives you repeat business or referrals, you will want to work out a mutually agreeable settlement with him. You have already done a good job of this by offering a free tax return. Speak... View More

1 Answer | Asked in Civil Litigation, Education Law and Public Benefits for Arizona on
Q: Is the school district part of the local Government?
Lori E. Arons
Lori E. Arons
answered on Jan 29, 2018

The school district is considered a part of the local government. Public schools are funded by local taxes and are run by elected officials.

1 Answer | Asked in Civil Litigation and Real Estate Law for Arizona on
Q: I went into a deal with a friend for a condemned house ,I do the work bring it to code and then he would sell it to me f

For a set amount after the year was up I was served an eviction notice .it was seen by a judge and ruled in my favor ..the I was hit with a restraining order and made to leave.. for the next ten days I was robbed of everything I owned..that case also ruled in my favor

.so I thought I would... View More

Peter H. Westby
Peter H. Westby
answered on Jan 5, 2018

Before I can let you know your legal rights and options I would need to know more of the facts and review any contracts or agreements you have as well as the complaint and final judgment in both court cases you mentioned. In addition, I would want to have a status of title search performed. At... View More

Q: Does this qualify as an intentional infliction of emotional distress.. could I/should I take him to court?

.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 6, 2017

So sorry, your question was posted to PATENTS / INVENTIONS by mistake, you may want to change the topics associated with this question. I hope you find the answers you need.

Kevin

1 Answer | Asked in Civil Litigation for Arizona on
Q: In response to a state courts’ granting defendants’ motion to dismiss my breach of contract action

I had timely filed a motion for reconsideration some 2 months ago, and while I intend to appeal that ruling (assuming that my mo. for reconsider. Fails), however because the court hasn’t responded to my mo. for consider. nor issued a judgment in the action, I cannot file a Notice of Appeal, and... View More

Michael Gerity
Michael Gerity
answered on Oct 30, 2017

You are going to need to review Rule 7.1 of the Arizona Rules of Civil Procedure and Rule 9 of the Rules of Civil Appellate Procedure. The latter controls the filing deadline for an appeal, and lists the specific types of motions that toll or extend the appeals due date. That list does NOT... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for Arizona on
Q: sign 60mth contract for security alarm. Moved out of state. Is it it voided now?

Signed security alarm system for 60 months at home address. Moved out of state. Does that contract now become voided and service should be cancelled with no penalties?

Michael Gerity
Michael Gerity
answered on Aug 14, 2017

When it comes to interpreting any contract, it always boils down to the terms of the specific contract that you signed. With some notable exceptions, the courts and the law tend to stay out of contractual relationships, allowing parties to enter into contracts on terms to which both sides agree.... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Arizona on
Q: Can you be sued for referring another professional? Ex. can a cabinet company be sued for a counter top company referral
Michael Gerity
Michael Gerity
answered on Jul 31, 2017

The bad news is that anybody can sue anybody else for anything any time. Our legal system is fairly efficient at then weeding out the baseless cases, or at least more efficient than most, but you simply cannot stop somebody from suing if that is what they are bound and determined to do.... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for Arizona on
Q: How do I find information/pay off a Restitution lien?

I went to register a car today and i was told i have a restitution lien.

Tevis Steven Reich
Tevis Steven Reich
answered on Mar 2, 2017

Go to or call the courthouse where the restitution lien was issued from.

1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Litigation for Arizona on
Q: How do I file a case to have confidential DCS case info released?

The Az state statute says if reports to child abuse hotline are made and found to be false that I can petition a superior court judge to do an in camera review of the information and decide if they can release the identity of whoever made the false reports to me. I'm positive my ex wife is... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 15, 2017

You should talk to the attorney who is representing you.Start by seeing if there are any regulations --probably DCS has some so start with that procedure.

1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Traffic Tickets for Arizona on
Q: Will my license get suspended or revoked in arizona. 7/8 points with criminal ticket on the way

This ticket was 61in a 40 this is me second crimianl ticket within a less than 6 months

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Dec 28, 2016

Possibly, if you accumulated 8+ points within a year then you face a three month suspension or Traffic Survival School. Each speeding violation (including criminal speeding) is 3 points. If you are eligible for Defensive Driving School, ask the judge to see if he or she will allow it. That would... View More

1 Answer | Asked in Civil Litigation for Arizona on
Q: What is the length of time in Hawaii after find a civil complaint that the plaintive has to serve The defendant?
Jay Hall
Jay Hall
answered on Oct 6, 2016

If the complaint was filed in Hawaii, you would need to ask an attorney licensed to practice there. For lawsuits filed in Arizona, plaintiffs have 120 days to serve the defendant.

1 Answer | Asked in Civil Litigation, Domestic Violence and Family Law for Arizona on
Q: Can I get a judge to apply res judicata in My case?

My ex girlfriend ended our relationship a little over a week ago. Since then, she has consistently manipulated me emotionally in order to achieve selfish goals (sleeping with another man), and has gone so far as having successfully been granted an order of protection against me--which has stated no... View More

Jay Hall
Jay Hall
answered on Oct 6, 2016

Res judicata is an affirmative defense that precludes a claim. It's unclear what effect you believe it will have on the competing orders of protection, but no, it won't affect the orders of protection nor the ability to obtain a new one once a current order expires.

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