Get free answers to your Civil Litigation legal questions from lawyers in your area.
I had a child support hearing where the judge refused to include certain expenses related to my investment property in the support calculation. These expenses include a maintenance percentage, a vacancy percentage, costs for adding heating and air conditioning, and the HELOC debt on the property.... View More 
answered on Mar 18, 2025
Child support is calculated using the parties' INCOME. If the investment property you are talking about is an income producing property and that income is impacted by the expenses of maintaining that property, that will be reflected in your tax return used as evidence of your income.... View More
I have been awarded a Finding and Award from the WCAB on August 18th, 2023, but my employer has failed to pay. I filed with the local court, but they said the finding and award are not valid as it is not a judgment. My lawyer will not assist further and has archived my file. How can I collect the... View More
answered on Mar 15, 2025
Did you join the Uninsured Employers Benefits Trust Fund? If not, that is malpractice by your attorney. Once joined, this fund pays any award that the employer does not pay! You do not have to chase down the employer for payment. The fund pays you, then they try to collect from the employer.
I am dealing with an incident where my minor child was cyberbullied by another minor, involving threatening posts that included physical harm. The school's district was aware and requested the posts be taken down, but never contacted us directly. Upon reaching out, they mentioned they... View More
answered on Mar 14, 2025
You need a education attorney who represents students. Often schools don't address bullying despite their legal obligations until a parent brings someone in.
They are mandated to address school bullying, but they have discretion on how they will do that.
It is unclear,... View More
I signed a contingency fee contract with my lawyer at 33%, but I found out it may increase up to 80%, plus I'm responsible for all bills. They didn't inform me about these terms. I received a $1,000 loan with interest on my $2 million case, but the check was not valid. After attempting to... View More
answered on Mar 14, 2025
The fees are determined by the fee agreement. But the fees must not be unconscionable; what you describe may be unconscionable.
If you hire a new attorney, the former attorney will likely be entitled to a fee but it will be limited.
Consult with and hire another attorney before... View More
What legal actions can I take if the homeowner's son has pointed a video camera into my bedroom window, and after asking him to move it, he pointed it back again the same night? I haven't contacted local authorities yet. What are my options?
answered on Mar 12, 2025
As a caution, do not threaten to call the police as you do not want to be accused of extortion.
But, you can call the police. They may or may not investigate. But, keep in mind, solving the peeping issue may only lead to more problems if you contact the police. Instead, you may want to... View More
I have a copyright and patent related to an apnea device in both Europe and the US. I live in Spain and was previously sued in Europe for copyright infringement, where the opposing party demanded a percentage of my sales. We were able to prove that our device is not the same as theirs, and we won... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025
You might hope that the doctrine of res judicata would be helpful (https://jusmundi.com/en/document/publication/en-res-judicata). Sadly it is not necessarily recognized or applicable between different countries. Especially where you are dealing with explicitly national rights like patents and... View More
I'm seeking legal advice regarding an incident where I was retrieving water for my motor home from my neighbor, during which I was grabbed from behind. My left arm, which has had multiple surgeries and contains a metal implant, was manipulated and contorted, causing it to swell and resulting... View More
answered on Mar 11, 2025
Find yourself a good civil rights lawyer. If you need assistance, you can go to the Orange County Bar Association website and visit their lawyers referral service. There are many good lawyers who handle civil rights cases in Orange County, all you need to do is a little searching and you will find... View More
I currently have a 50/50 custody arrangement with my son's mother, established in 2022 after a previous incident where she took my son to Texas, requiring intervention from the abduction unit. In October 2024, she violated our custody order by taking our son to Sacramento for two months and... View More
answered on Mar 9, 2025
Of course you have to introduce evidence at the hearing. Further, that evidence should be included in your moving papers with a supporting declaration to lay its foundation. Whatever happens in mediation is confidential. Nothing that is said in mediation is admissible in court. Given the... View More
I discovered a hidden tracking device inside my e-bike battery compartment that was used to monitor my location without my consent. I have physical possession of the device, documented evidence, and I know who installed it. I reported the incident to the police, but no significant actions have been... View More
answered on Mar 6, 2025
What you are describing is a civil action, so it is not surprising that the police would take no action on your behalf. The police are charged with enforcing the criminal laws, not the civil laws. To protect your rights, you should find a civil rights lawyer in your area. Unlawful surveillance such... View More
I was placed on an involuntary psychiatric hold from 2/27/25 to 3/3/25 due to a psychiatric nurse's falsified statement claiming I attempted an overdose on hypertension medication I don't own and was not suicidal. I was unaware of the hold until the next morning when an ambulance arrived... View More
answered on Mar 5, 2025
You may have a claim for false imprisonment and/or other charges. I suggest you contact a lawyer who handles civil rights cases as soon as you can.
Now, you can prepare a chronological summary of everything that happened to you, naming all the witnesses and their knowledge. Also, keep all... View More
My 17-year-old daughter accidentally knocked over a VEO bike while falling off her bicycle, which subsequently damaged a Tesla. The Tesla owner, who was inside the car, intimidated my daughter into texting him and taking responsibility for the damage, making her feel bullied. After the incident, I... View More
answered on Mar 4, 2025
Didn't directly hit the Tesla? She set it in motion so she is liable... whether she admitted liability or not. I would expect a typical driver to be rude after receiving a call like yours. You're refusing to take responsibility for your daughter's negligence that resulted in... View More
I tragically lost my husband due to a driver who claimed he fell asleep at the wheel last August. Unfortunately, the California Highway Patrol (CHP) hasn't finalized the accident report even after six months. No charges have been filed against the driver, though he has a prior accident from... View More
answered on Mar 4, 2025
WHY IS THE REPORT TAKING SO LONG?
Accident reports involving injury are often completed by the end of the work shift. But it's common for accident reports involving fatal accidents to take 4-months or more to complete. In fact, some reports (involving unknown drivers) may never be... View More
I tragically lost my husband due to a driver who claimed he fell asleep at the wheel last August. Unfortunately, the California Highway Patrol (CHP) hasn't finalized the accident report even after six months. No charges have been filed against the driver, though he has a prior accident from... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2025
I’m very sorry for your loss, but No. Generally speaking the police are immune from lawsuits for being bad/lazy/incompetent at their investigative jobs.
Perhaps the driver’s employer could have liability or the state for the condition of the road.
Under no circumstances should... View More
I have had legal guardianship over a child for the past four years. During this time, the biological mother received $2,000 a month in child support from the father, as per a court order. However, the child has not lived with her, and she falsely claimed she did not receive support from the father.... View More
answered on Mar 3, 2025
This is PURE speculation but, as described, this person almost assuredly has no money, so, getting it from her is unlikely. That said, stealing child support 'feels' punishable by prison? Again NOT even close to being sure. Perhaps you should speak to family services???
I was in a car accident with my parents in San Diego, and the police report, completed 3.5 months later, incorrectly blamed my boyfriend for the accident. The report also failed to list a third person in the car, who I suspect has connections to local authorities. I haven't taken formal steps... View More
answered on Mar 3, 2025
This question is asked all the time on this forum because everyone blames the other driver... so this is a common issue. Police departments are generally immune from lawsuits for writing "faulty reports". No assist from the DA. Case closed. Why did the police blame your bf? You can take... View More
I have a civil case that was filed in May 2019, which I believed was closed until I recently discovered it's still pending. I don't currently have an attorney and have confirmed the case status with the court. There have been some actions taken, but to my knowledge, no rulings have been... View More
answered on Mar 1, 2025
Actually, JA's AI's response isn't total gibberish. Quite simply and in more human terms, you haven't provided near enough specific information to provide any meaningful guidance other than to consult with an attorney. A "pending civil case" could deal with an... View More
I recently resumed a relationship with my partner, during which time he was involved with another woman. She later informed me that she has STDs and intended for him to contract them, knowing he might return to me. I have ordered testing for myself and am experiencing symptoms, suggesting I may... View More
answered on Feb 27, 2025
You may have a claim against the ex... but I don't think the woman has any legal "duty" to you... which is a necessary element for a personal injury claim. Duty can be established by a special relationship... which clearly exists between the ex... and the woman. But your special... View More
I recently resumed a relationship with my partner, during which time he was involved with another woman. She later informed me that she has STDs and intended for him to contract them, knowing he might return to me. I have ordered testing for myself and am experiencing symptoms, suggesting I may... View More
answered on Feb 27, 2025
You might be able to sue him if he was aware of what he had knowing he might transmit it to you. State laws vary so you should contact a personal injury attorney in your state to discuss. In California we have handled similar type cases but if you are in another state the laws might be different.... View More
I won a settlement from my automobile accident injury case, and it's been 6 weeks without receiving my settlement check. My lawyer initially told me over the phone it would take 3 to 4 weeks, but I haven't received any updates. I was informed that the delay is due to the liens department... View More
answered on Feb 26, 2025
Yes, its normal. The chance that another another will want to take over now is almost 0%, unless you want to pay an hourly fee, which would almost certainly be prohibitively expensive. There are no steps you can take. This is in the hands of the companies asserting the liens and medical billing... View More
I am representing myself in a personal injury tort case due to inability to find counsel. My complaint includes causes of action such as harassment, implied warranty of habitability, utility shut offs, malicious prosecution, breach of contract, and conversion of personal property. I've drafted... View More
answered on Feb 25, 2025
Personal Injury (PI) attorneys work on a contingency fee basis, which means they only get paid if they win your case. Kind of similar to a Realtor who only gets paid if they sell your house. So, if you had a strong PI case, with a $4mil. valuation... AND puni's, against a financially strong... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
