Recently being sued for on a civil case. I'm still within the 30 day period to respond. I would like to exercise the ADR option, which was included on my summons. Will filing the E-203 - Stipulation and Order to Arbitration/Mediation form suffice as a legal response?
It took 20 minutes to hunt down the Sacramento County Local Court form E-203. No, this is not a response to a summons and complaint and if this is all you file, you will be defaulted and could have a default judgment entered against you. This is an ATTACHMENT to a stipulation for the Court to...Read more »
Some Judicial Council forms deal with the right to possession. They can be found on your Local Superior Court website under "Forms: State forms". They may give you some ideas, and they will cite some statutes regarding writs for possession. Consult a local attorney about recovering...Read more »
Absent an unlawful motive, it is not unlawful for an employer to act as you have noted. It would only be considered unlawful if you can prove that the motivation for the employer's conduct is race (or national origin if the green card comments were related thereto). Proof will be the issue....Read more »
SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
The California constitution is binding on all people in the state, and provides the rights which are explained in this section. Anyone who interferes with your rights as set forth in this section may be held liable for damages which they cause you to suffer as a result of interfering with your use...Read more »
A contractor did faulty work for me at a rental property in LA (2018). I took him to CSLB-sponsored mandatory binding arbitration and was awarded $8,124 (1/19/21). He filed an ADR-106 Petition to Vacate Award in February and has a court date of 6/24/21. He cited Cal Civil Code sections to... Read more »
a response is not a form. you have to write out a response on pleading paper using legal authority. you usually have to file a response within 10 days of their petition. so get this done asap. you can file a separate petition to confirm arbitration award and you probably need to do that at this...Read more »
The short answer is that the medical industry convinced the Legislature to pass laws stacking the deck in the industry's favor and against patients and their attorneys. Even without special laws, these types of cases require a great deal of time and financial investment. Virtually 100%...Read more »
That is a question you should discuss with your lawyer. You can ask him/her to give you a legal analysis in writing of all the reasons why this should be a good and reasonable offer, given the facts of your case. This is, of course, something you should have discussed with your attorney ahead of...Read more »
My ex filed the divorce petition in 2016. I didn't file a response because we were in agreement on most things. (One child, no property to split). The case went into default status and he has failed to continue the process (hasn't filed the remaining paperwork to finish and get judgment).... Read more »
You can file a motion to set aside the default. If granted, you would then file your response to the petition and move your case forward as usual. The other option is to enter into a settlement agreement with the other party and file that as a stipulated judgment.
probably depends on the wording in the order, who made it and why they have your keys. Simplifying, if it were me and based only on what you are saying so far, I'd assume the order was legal and I'd use my other set of keys...
I CANT BELIEVE WHAT SMART STOP STORAGE DID!!! My fiancé went to our storage to change out the locks because in September they contacted us and said that we needed to put another lock on. He gets there to find out that we have an issue with our storage. It appears at the end of September. There’s... Read more »
You need an itemized list of what was taken so you can put a value on this. Sorry to hear you lost your memorabilia, but it is gone now, and the only thing you would be entitled to is money in return, not quite the same. If you are not satisfied with what they are offering to you, you don't...Read more »
I called LBPD an Officer emailed Impound with copies of my clear title and payment check. He advised Impound please respond to her many calls? Return her property this check is good! Ignored! Bought boat back 5/11/ she was gutted! Destroyed! $37,000 damage storage up to $14000 plus hotel stays They... Read more »
You should contact a civil rights lawyer right away. You can go to the Los Angeles County Bar Association's website (lacba.com) and look for their Lawyers Referral Service (LRS). They should be able to assist you.
Without doing my due diligence first, the lawyer called and found the case to be closed four years prior. He refunded me $2500 and I started arbitration. He then later offered a refund of $2500 and is desperately trying to justify 7-8 hours of work he has done to find out that my case was closed.... Read more »
The answer that you don't want to hear is that it would be necessary to review all of the case documents to give you a proper answer. Maybe you can retain an attorney to do that for a negotiated flat fee up front, like 2 hours work. You certainly don't want to get into the same hole...Read more »
I am an engineer living in California and working remotely for a company in Texas. I got laid off and I wonder if my non-compete clause included in the signed CNDA can be enforced. The non-compete is for 1 year and the CNDA mentions the State of Texas as the governing law.
It would be unwise for an attorney to opine about a contract without being able to see the entire contract and understanding the circumstances regarding its making. However a few general things can be said preliminary to that.
First, generally non-compete provisions are unenforceable in...Read more »
To whom it may concern. I have a general question with regards to personal property as a resolve in a relationship break up. There are certain items that the other party is unwilling to return that hold either monetary or personal value to me, which include, but are not limited to, jewelry and a... Read more »
This is actually a Consumer Law question, and a very important question it is. The question is: "When you are living together in a relationship (not marriage) what are each person's property rights?" The rules in Family Law provide some insights but don't cover everything....Read more »
A California attorney could advise best, but your post remains open for two weeks. As a general matter, if your case was settled, the other side would not usually have grounds to sue. Check to see if there is a signed release in the file. I'm not clear on what you mean by criminally sue; suing...Read more »
After the mediated marital settlement agreement (MSA) was signed by all parties (enforceable pursuant to CCP 664.6) Without the approval of all parties Respondent's lawyer changed the terms of the original signed MSA, then presented the modified MSA as the original. In court Respondent counsel... Read more »
Probably, but it depends on the circumstances. Were there two attorneys? Was there any communication between them as to the change, either by phone or in writing? It looks like the problem got resolved by the court throwing both out and placing the parties in a pre-agreement situation. Best...Read 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.