California Civil Litigation Questions & Answers
Q: Shareholder for my corporation withholding clients information. Can he do that?
1 Answer
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in
Banking, Civil Litigation and Contracts
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California
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Answered on Apr 17, 2019
Answered on Apr 17, 2019
Bruce Alexander Minnick's answer
This free legal advice forum is intended to help consumers better understand common legal terms and to explain general legal principals and procedures to non-lawyers interested in understanding more about the law. This forum is not the place to seek free legal representation in ongoing cases, nor is it the place to ask complicated questions about specific situations requiring significant amounts of legal work. People in need of specific legal assistance should use the free resources available...
This free legal advice forum is intended to help consumers better understand common legal terms and to explain general legal principals and procedures to non-lawyers interested in understanding more about the law. This forum is not the place to seek free legal representation in ongoing cases, nor is it the place to ask complicated questions about specific situations requiring significant amounts of legal work. People in need of specific legal assistance should use the free resources available...
Q: I am being sued for a vehicle I have never owned. What do I need to do to make this go away?
William John Light's answer
Sounds like you need to hire an attorney. You have the opportunity to defend yourself and prove that you have no liability. You are blowing it by not responding to interrogatories in a timely fashion.
Sounds like you need to hire an attorney. You have the opportunity to defend yourself and prove that you have no liability. You are blowing it by not responding to interrogatories in a timely fashion.
Q: Can I make a claim against the ELA sheriff's department for harassment and civil rights violations?
1 Answer
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in
Criminal Law, Civil Litigation, Civil Rights and Constitutional Law
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California
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Answered on Apr 11, 2019
Answered on Apr 11, 2019
Dale S. Gribow's answer
More info is needed to properly evaluate your case.
with the little i know i feel comfortable in saying you will probably beat the tix or there will be a no filing.
However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.
Most criminal and accident lawyers will offer a...
More info is needed to properly evaluate your case.
with the little i know i feel comfortable in saying you will probably beat the tix or there will be a no filing.
However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.
Most criminal and accident lawyers will offer a...
Q: Can Child Protection Services social workers be sued for missuse of power?
1 Answer
| Asked
in
Personal Injury, Civil Litigation and Civil Rights
for
California
on
Answered on Apr 11, 2019
Answered on Apr 11, 2019
Dale S. Gribow's answer
More info is needed to properly evaluate your case.
However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.
Most criminal and accident lawyers will offer a free consultation to review the facts.
The case will depend on how the evidence was obtained and the details...
More info is needed to properly evaluate your case.
However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.
Most criminal and accident lawyers will offer a free consultation to review the facts.
The case will depend on how the evidence was obtained and the details...
Q: Can an exempt human subject withdraw or refuse to participate?
1 Answer
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in
Civil Litigation, Civil Rights, Constitutional Law and Criminal Law
for
California
on
Answered on Apr 10, 2019
Answered on Apr 10, 2019
Dale S. Gribow's answer
Much more info needed.
I assume there was a contract that was signed and possibly compensation to the subject.
a well-drafted contract would take into account what happens if the subject drops out?
there may be financial consequences from this.
but they can't force you to do something
Much more info needed.
I assume there was a contract that was signed and possibly compensation to the subject.
a well-drafted contract would take into account what happens if the subject drops out?
there may be financial consequences from this.
but they can't force you to do something
Q: I've had a RV repair mechanic fixing my RV for appox 16 months.I paid in advance for Services $2700 .
2 Answers
| Asked
in
Consumer Law, Civil Litigation and Civil Rights
for
California
on
Answered on Apr 9, 2019
Answered on Apr 9, 2019
William John Light's answer
File a complaint with the Bureau of Automotive Repair.
bar.ca.gov/Consumer/Complaint_Process_and_Form/index.html
File a complaint with the Bureau of Automotive Repair.
bar.ca.gov/Consumer/Complaint_Process_and_Form/index.html
Q: I was hit by a drunk driver but I did not have insurance, do I have any rights to sue the guy that hit me?
Manuel Alzamora Juarez's answer
Yes, you can sue him but if he and you did not have insurance then you will just be wasting your time. There will not be any recovery. You should talk to the D.A., maybe he can get him off the road. Just as an afterthought, were you living with a relative or by yourself? Best of luck.
Yes, you can sue him but if he and you did not have insurance then you will just be wasting your time. There will not be any recovery. You should talk to the D.A., maybe he can get him off the road. Just as an afterthought, were you living with a relative or by yourself? Best of luck.
Q: Someone has made themselves my legal representative without informing me without my consent, what can I do about it?
2 Answers
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in
Civil Litigation, Contracts and Legal Malpractice
for
California
on
Answered on Apr 5, 2019
Answered on Apr 5, 2019
Kenneth Sisco's answer
There are obviously a lot of missing facts here. If you do not know the person who is "pretending" to represent you, your first call should be to the police. Your second call(s) should be to the person(s) who has been contacted by this "imposter." If you do know the person, you should ask that person by what authority, he or she presumes to represent you. Depending on the answer you may still need to call the police, or at least retain a lawyer, to make them stop.
There are obviously a lot of missing facts here. If you do not know the person who is "pretending" to represent you, your first call should be to the police. Your second call(s) should be to the person(s) who has been contacted by this "imposter." If you do know the person, you should ask that person by what authority, he or she presumes to represent you. Depending on the answer you may still need to call the police, or at least retain a lawyer, to make them stop.
Q: Case was dismiss without prejudice to PLTF. Can a 2nd demand notice Be sent out before 1st judg. Is filed?
1 Answer
| Asked
in
Civil Litigation and Landlord - Tenant
for
California
on
Answered on Apr 4, 2019
Answered on Apr 4, 2019
Kenneth Sisco's answer
If your case was dismissed without prejudice, there will be no Judgment, and you may proceed in any way you please within the law; you simply need to start over.
If your case was dismissed without prejudice, there will be no Judgment, and you may proceed in any way you please within the law; you simply need to start over.
Q: Hello, What is the standard buyout amount to be paid to a family to leave their apartment? Thank you!
1 Answer
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in
Civil Litigation, Real Estate Law and Landlord - Tenant
for
California
on
Answered on Apr 3, 2019
Answered on Apr 3, 2019
Kenneth Sisco's answer
I have never heard of a "standard buyout," nor have I ever seen any kind of guideline. The concept is usually referred to as "cash for keys," and it is totally subjective. If you can get your tenants to move out in a relatively short time, and leave the premises "spotless," that is worth a lot of money to you, and will save you a lot of stress. You will save a lot of attorney fees, and you most likely get your property back on the market a lot quicker. As with almost any legal dispute,...
I have never heard of a "standard buyout," nor have I ever seen any kind of guideline. The concept is usually referred to as "cash for keys," and it is totally subjective. If you can get your tenants to move out in a relatively short time, and leave the premises "spotless," that is worth a lot of money to you, and will save you a lot of stress. You will save a lot of attorney fees, and you most likely get your property back on the market a lot quicker. As with almost any legal dispute,...
Q: A store owner refused service and demanded I leave the store due to my bonafide service dog. What is this case worth?
William John Light's answer
There no such thing as a "licensed" service dog. If you have a dog that is trained to provide a specific service to you, e.g., you are blind and it guides you, that is a service dog. Service dogs must be allowed anyplace that the general public is allowed. The storekeeper can ask you whether the animal is required due to disability and what it is trained to do.
Those protections do not apply to emotional support animals. An emotional support animal must alleviate one or more...
There no such thing as a "licensed" service dog. If you have a dog that is trained to provide a specific service to you, e.g., you are blind and it guides you, that is a service dog. Service dogs must be allowed anyplace that the general public is allowed. The storekeeper can ask you whether the animal is required due to disability and what it is trained to do.
Those protections do not apply to emotional support animals. An emotional support animal must alleviate one or more...
Q: Work for LA Co Dept of Public Works. What kind of an attorney do I need for hostile work environment & FMLA.
1 Answer
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in
Civil Litigation, Employment Discrimination, Employment Law and Civil Rights
for
California
on
Answered on Apr 2, 2019
Answered on Apr 2, 2019
Neil Pedersen's answer
An employment law attorney familiar with the Fair Employment and Housing act, FMLA and litigating against public entities. Most experienced employment law attorneys will likely have competencies in those areas, but be sure to ask for that specifically. I would suggest you look either on this site or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers....
An employment law attorney familiar with the Fair Employment and Housing act, FMLA and litigating against public entities. Most experienced employment law attorneys will likely have competencies in those areas, but be sure to ask for that specifically. I would suggest you look either on this site or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers....
Q: Can I sue my landlord for breach of contract emotion distress among other things as well. My landlord will not honor
1 Answer
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Civil Litigation, Land Use & Zoning, Landlord - Tenant and Real Estate Law
for
California
on
Answered on Mar 27, 2019
Answered on Mar 27, 2019
Manuel Alzamora Juarez's answer
Your landlord is a jerk and may be acting illegally. You have a right to have visitors in your apartment. If you rent a room in his house, that may be different. If he interferes with your BF visiting you, notify him that he is not staying overnight. See what he says about that, If he says he cannot come even for a visit, then he may be in violation of your Covenant of Quiet Enjoyment and you could sue him. Best of luck.
Your landlord is a jerk and may be acting illegally. You have a right to have visitors in your apartment. If you rent a room in his house, that may be different. If he interferes with your BF visiting you, notify him that he is not staying overnight. See what he says about that, If he says he cannot come even for a visit, then he may be in violation of your Covenant of Quiet Enjoyment and you could sue him. Best of luck.
Q: I’m interested in changing the cosmetic appearance of the passy- Muir ...what would be required
Griffin Klema's answer
First, generally speaking, changes to an existing product might be protectable as a separate intellectual property right. So might be able to get your own design patent, copyright, or trademark. However, what you are really asking for is whether making, using, or selling the product would infringe on another's rights. That kind of an opinion is called a "freedom to operate" analysis, and takes a lot of time and energy to prepare. It is important to carefully plan a new product development...
First, generally speaking, changes to an existing product might be protectable as a separate intellectual property right. So might be able to get your own design patent, copyright, or trademark. However, what you are really asking for is whether making, using, or selling the product would infringe on another's rights. That kind of an opinion is called a "freedom to operate" analysis, and takes a lot of time and energy to prepare. It is important to carefully plan a new product development...
Q: Is my text warning me of someone’s threat to injure me badly good evidence? Threat was carried out
1 Answer
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Criminal Law, Personal Injury, Civil Litigation and Civil Rights
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California
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Answered on Mar 26, 2019
Answered on Mar 26, 2019
William John Light's answer
No, it's not good evidence. First, it's at least double hearsay. It's hearsay of the person who texted you, and also hearsay of the threat that s/he was repeating. Also, it's not relevant to your vandalism of a stolen car. Having a threat against you is not legal justification for damaging somebody else's car, especially when that car doesn't even belong to the person who threatened you.
If you want to pursue criminal charges against the person who injured you, go to the police and...
No, it's not good evidence. First, it's at least double hearsay. It's hearsay of the person who texted you, and also hearsay of the threat that s/he was repeating. Also, it's not relevant to your vandalism of a stolen car. Having a threat against you is not legal justification for damaging somebody else's car, especially when that car doesn't even belong to the person who threatened you.
If you want to pursue criminal charges against the person who injured you, go to the police and...
Q: If you was convicted and sentenced to prison and found out the the Judge or The Clerk Doesn't Has A Oath of office..
1 Answer
| Asked
in
Civil Litigation, Criminal Law and Federal Crimes
for
California
on
Answered on Mar 26, 2019
Answered on Mar 26, 2019
Dale S. Gribow's answer
more info needed.
was it that the clerk was sworn in and papers not filed or never sworn into his/her office.
IF you were to win on that basis the best i would think would be a retrial but i doubt that would happen..............
probably more like a harmless error.
more info needed.
was it that the clerk was sworn in and papers not filed or never sworn into his/her office.
IF you were to win on that basis the best i would think would be a retrial but i doubt that would happen..............
probably more like a harmless error.
Q: I filed for a default judgement and was denied now it says demurrer motion to strike (twice) on minutes
1 Answer
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in
Arbitration / Mediation Law, Civil Litigation and Insurance Bad Faith
for
California
on
Answered on Mar 23, 2019
Answered on Mar 23, 2019
William John Light's answer
If the Default was entered, the Defendants couldn't file a Demurrer/Motion to Strike. I doubt that the Default was entered. You will probably need to Oppose the Demurrer/Motion to Strike.
If the Default was entered, the Defendants couldn't file a Demurrer/Motion to Strike. I doubt that the Default was entered. You will probably need to Oppose the Demurrer/Motion to Strike.
Q: Hi, Article 1 of the California Constitution says: Californians have "inalienable rights". Who protects these rights?
1 Answer
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in
Civil Rights, Constitutional Law, Consumer Law and Civil Litigation
for
California
on
Answered on Mar 22, 2019
Answered on Mar 22, 2019
Louis George Fazzi's answer
It is up to each citizen to protect his/her own rights. In order to do that, we all need to know what our rights are.
Rather than relying on "some attorney" out of context with your thinking or beliefs, read the California Constitution itself. It is freely available in any library or in the comfort of your own home if you have a computer and can access the internet. You can cut and paste this link in your browser: http://www.leginfo.ca.gov/const-toc.html
Click on the link and it...
It is up to each citizen to protect his/her own rights. In order to do that, we all need to know what our rights are.
Rather than relying on "some attorney" out of context with your thinking or beliefs, read the California Constitution itself. It is freely available in any library or in the comfort of your own home if you have a computer and can access the internet. You can cut and paste this link in your browser: http://www.leginfo.ca.gov/const-toc.html
Click on the link and it...
Q: My $$ is stuck bcuz attorney lied to trustee who sold my houseSays i hired her to collect SurplusFunds.I did NOT hire
1 Answer
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in
Business Law, Civil Litigation, Consumer Law and Contracts
for
California
on
Answered on Mar 20, 2019
Answered on Mar 20, 2019
Gerald Barry Dorfman's answer
If an attorney is claiming you owe them money for work you hired them for, but in fact they have never even been contacted by you and have done no work for you, that is a very serious matter. You certainly should consider a complaint to the State Bar of California. That process is not very quick, and is not very well suited to actually releasing any funds being held in the meantime. If the company is actually filing a court action, it is called an interpleader, and they should be depositing...
If an attorney is claiming you owe them money for work you hired them for, but in fact they have never even been contacted by you and have done no work for you, that is a very serious matter. You certainly should consider a complaint to the State Bar of California. That process is not very quick, and is not very well suited to actually releasing any funds being held in the meantime. If the company is actually filing a court action, it is called an interpleader, and they should be depositing...
Q: Over two years ago I was hit by a car from behind I was on a bicycle their insurance denied my claim can I still Sue
2 Answers
| Asked
in
Car Accidents, Civil Litigation and Personal Injury
for
California
on
Answered on Feb 26, 2019
Answered on Feb 26, 2019
Dale S. Gribow's answer
much more info needed.
however, there is a 2 year statute of limitations.........thus 2 yrs from the day of the accident you can still file a summons and complaint.........
you can try to get the police to reconsider the report but probably better off to have a lawyer get involved so that you don't say something that can later hurt you
much more info needed.
however, there is a 2 year statute of limitations.........thus 2 yrs from the day of the accident you can still file a summons and complaint.........
you can try to get the police to reconsider the report but probably better off to have a lawyer get involved so that you don't say something that can later hurt you
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