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California Civil Litigation Questions & Answers
3 Answers | Asked in Estate Planning and Civil Litigation for California on
Q: Received a letter as beneficiary from Canadian lawyer. How to verify it's genuine?

I received a letter from a legitimate Canadian lawyer stating that I am a beneficiary of someone who passed away 2 years ago and shares my last name, though I have never been in contact with the deceased person. The attorney confirmed their identity through their website, which appears legitimate,... View More

Klaus Gottlieb
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answered on Jun 10, 2025

To verify if the letter is genuine, start by independently confirming the lawyer’s identity using the Canadian provincial law society’s website to ensure they’re licensed and in good standing. Then call the law firm directly using contact information from their official website to confirm the... View More

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3 Answers | Asked in Estate Planning and Civil Litigation for California on
Q: Received a letter as beneficiary from Canadian lawyer. How to verify it's genuine?

I received a letter from a legitimate Canadian lawyer stating that I am a beneficiary of someone who passed away 2 years ago and shares my last name, though I have never been in contact with the deceased person. The attorney confirmed their identity through their website, which appears legitimate,... View More

Julie King
Julie King
answered on Jun 11, 2025

’m already suspicious of the claim because it comes from a relative you don’t know and never heard of, and it is supposedly coming from outside of the United States.

Before I say anything else, everyone should know this: NEVER GIVE ANY OF YOUR PERSONAL INFORMATION TO SOMEONE...
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2 Answers | Asked in Personal Injury, Civil Rights and Civil Litigation for California on
Q: Legal actions against rude ophthalmologist office in California after being turned away for late arrival.

I was urgently referred to an ophthalmologist by my primary doctor. Upon arriving 15 minutes late to the appointment, the receptionist was very rude and ultimately escalated the situation. Despite leaving a message for the head of the facility, I was instructed not to be seen there and was turned... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 9, 2025

There are no legal actions to be taken (other than complaining to the medical board) for rude behavior, even such heinous behavior such as described.

There is a possibility of a case if there was significant harm caused to your vision for the failure to attend to your medical needs,...
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2 Answers | Asked in Civil Litigation, Personal Injury and Business Law for California on
Q: Would personal injury lawyers prefer upfront payment via a platform over traditional contingency work?

I'm building and validating a litigation funding platform aimed at personal injury lawyers, starting in California. Lawyers typically work on contingency, but would they prefer to mitigate payment risks and get paid upfront through this platform with a fee of 23% of the client's... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 5, 2025

23% of what? Upfront, as in the beginning of the case? How would you know before the case conclusion what the final settlement would be? Payment risks are mitigated by checking payment sources, such as validating insurance. Contingency fees are typically scaled to what stage of the case they are... View More

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2 Answers | Asked in Personal Injury, Civil Litigation and Criminal Law for California on
Q: Assaulted by Home Depot employee with garden hoe, seeking legal advice.

I was assaulted by a Home Depot employee with a garden hoe, resulting in bleeding. There is a police report, a parking lot spotter, and multiple witnesses to the incident. I did not seek medical attention, but a police officer observed my injuries. I want guidance on pursuing legal action and... View More

Emery Brett Ledger
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answered on Jun 4, 2025

I'm sorry to hear about what happened. Based on the facts you shared—being assaulted by a Home Depot employee with a garden hoe, resulting in visible injury documented by police and witnesses—you may have grounds for a civil lawsuit.

In California, you can potentially pursue...
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Q: What are our rights for installing cameras in rented home without lease agreement in CA?

I have been renting a home with my father-in-law for 15 years. Recently, the landlord brought a woman to live in the house without our agreement, and she is causing problems. We've installed cameras for security, which do not show inside her room or the bathroom, and the audio is off. She is... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 3, 2025

The first issue to be addressed is the landlord's allowing a person to reside in the unit without your permission. As tenants, you have the exclusive right to occupy the unit, whether your rental agreement is oral or written. So the landlord may not just bring someone to live with you without... View More

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3 Answers | Asked in Family Law and Civil Litigation for California on
Q: Finding an attorney to review and file motions to compel production in family law in California?

I am involved in a family law case and I'm currently self-represented in the midst of discovery. I am encountering issues with production and need to file multiple motions to compel further production. I'm looking for an attorney in California who can review these drafts and file the... View More

Robert Kane
Robert Kane
answered on Jun 3, 2025

Unfortunately, I don't know of a specific resource that can provide you a list of lawyers. You should start with the California State Bar and the your County's Bar Association. Although, a local attorney may not be necessary.

Limited-scope representation is when you and a lawyer...
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3 Answers | Asked in Family Law and Civil Litigation for California on
Q: Finding an attorney to review and file motions to compel production in family law in California?

I am involved in a family law case and I'm currently self-represented in the midst of discovery. I am encountering issues with production and need to file multiple motions to compel further production. I'm looking for an attorney in California who can review these drafts and file the... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 3, 2025

"the matter is ongoing but not urgent" - are you aware of the deadline associated with motions to compel further responses? Finding an experienced attorney willing to provide only a-la-carte services is going to be difficult. I recommend instead that you stop representing yourself and... View More

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2 Answers | Asked in Personal Injury, Civil Litigation and Contracts for California on
Q: Is my friend liable for damages after my travel trailer crashed during transport in California?

I asked a friend to move my travel trailer because my truck was down. While driving too fast on back country roads, he lost the trailer off his truck, and it crashed, rendering the trailer unusable. There was no formal agreement between us, and my girlfriend witnessed the incident. The county... View More

William John Light
William John Light
answered on Jun 3, 2025

If you had comprehensive insurance on the trailer, it will be easier to go through your own insurer. You can bring a claim against your friend if he was negligent. His liability insurer should cover the loss, up to its liability limits. If neither of you had insurance, well, good luck collecting.

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2 Answers | Asked in Child Custody, Child Support, Civil Litigation and Family Law for California on
Q: Ex refusing visitation rights despite custody order; tax return taken for child support.

I have joint legal custody with my ex, but he has sole physical custody of our children. According to our custody order, I am supposed to have visitation once a week. However, my ex is refusing to allow these visits, seemingly due to his tax return being taken for back child support. I have made... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 30, 2025

When someone fails to comply with an existing custody or visitation order, the remedy is to have that order modified based on the grounds that the other parent has shown an inability to comply. In that request (aka Request for Order or motion), you can ask for more custodial time, again, based on... View More

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3 Answers | Asked in Estate Planning, Civil Litigation, Landlord - Tenant and Real Estate Law for California on
Q: Need help with father's trust and my rights as beneficiary in California.

I need help with my rights as a beneficiary in relation to my father's trust. My sister claims to have power of attorney and says she's the trustee. She relocated my father to a different care facility and sold the house. She has refused to provide me with a copy of the trust and... View More

Klaus Gottlieb
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answered on May 21, 2025

I’m sorry you’re dealing with this. As a beneficiary of a California trust, you have the right to receive a copy of the trust and to request information about how assets are being managed. If your sister is acting as trustee, she has a legal duty to act in the best interests of all... View More

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3 Answers | Asked in Estate Planning, Civil Litigation, Landlord - Tenant and Real Estate Law for California on
Q: Need help with father's trust and my rights as beneficiary in California.

I need help with my rights as a beneficiary in relation to my father's trust. My sister claims to have power of attorney and says she's the trustee. She relocated my father to a different care facility and sold the house. She has refused to provide me with a copy of the trust and... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on May 21, 2025

Consult with a probate litigation attorney right away to protect your rights. Your sister, if she is trustee of your father's trust, has fiduciary duties and obligations under CA law, one of which is to provide all beneficiaries with a copy of the trust. Time is of the essence as the longer... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Criminal Law for California on
Q: Victim rights in charge reduction plea in CA burglary case.

I am the victim in a home burglary case from three years ago. The suspect was charged with first-degree felony burglary, but now the prosecutor and the defendant’s public defender are negotiating to reduce the charge to second-degree burglary without my consent. They insist on a quick response,... View More

Louis George Fazzi
Louis George Fazzi
answered on May 18, 2025

I can't imagine what it must feel like to be a victim in these circumstances. Here are some things you should know.

1. The prosecutor represents the People and not you personally, and has many competing interests driving any decisions made in the defendant's case. Among these are...
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3 Answers | Asked in Elder Law, Estate Planning, Civil Litigation, White Collar Crime and Criminal Law for California on
Q: Seeking legal guidance to protect elderly parents from financial abuse and undue influence by unstable sister in California.

I'm seeking legal guidance regarding my elderly parents' care and financial safety. My younger sister is attempting to take over their finances and put them in an elderly living facility, despite my parents being fully capable of making their own decisions. They are drafting Powers of... View More

Klaus Gottlieb
Klaus Gottlieb pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2025

You’re right to be concerned. What you’ve described may constitute elder abuse and financial exploitation under California law. The behavior—coercion, verbal and physical abuse, false accusations, and fraudulent changes to financial accounts—raises serious red flags.

You should...
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2 Answers | Asked in Collections, Civil Litigation and Consumer Law for California on
Q: Served lawsuit by Patenaude & Felix for Synchrony Bank debt; need steps to move forward.

I was served a lawsuit by Patenaude & Felix, A.P.C., regarding a debt owed to Synchrony Bank amounting to $2,927.65. On May 9, I attempted to dispute the charges with Synchrony Bank and sent a letter requesting validation and documentation, but I have not received a response. Synchrony Bank has... View More

Joel Gary Selik
Joel Gary Selik
answered on May 15, 2025

Put up your best defense, including and counter-suit. Then, if the debt is valid, show what has been paid and negotiate a settlement.

Note, You must respond in the legal way and on time with, for example a motion or an answer with affirmative defenses. Failure to do so could result in a...
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2 Answers | Asked in Estate Planning and Civil Litigation for California on
Q: How can I access information about my mother's trust if my brother blocks communication?

My mother recently passed away, and she had a trust where my older brother is named the successor trustee, and I am the second successor trustee. Although I was close to my mother, I know very little about her wishes after her passing, particularly regarding a memorial and her wishes for her and my... View More

Julie King
Julie King
answered on May 14, 2025

Successor Trustees should send a Notification by Trustee telling all immediate family and all beneficiaries that they have a right to receive a copy of the trust. If the Successor Trustee refuses to give someone a copy of the trust, it would be a good idea to demand a copy of the trust in writing.... View More

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2 Answers | Asked in Libel & Slander, Civil Rights, Civil Litigation and Personal Injury for California on
Q: What legal action can I take against a bank manager for false robbery accusations and harassment?

I am the conservator for my grandfather, and his sister stole over $400,000 from him. I also have a restraining order against her. Recently, I saw her taking my grandfather into a bank. I followed them in, and the bank manager began yelling at me, falsely accusing me of being there to rob the bank,... View More

Louis George Fazzi
Louis George Fazzi
answered on May 11, 2025

I would like to hear the whole story, including all the details. From what you've indicated, you may have a good case against the bank, the manager, and others who may have been involved in the incident you described.

You will need a good lawyer and a law firm to help you with this. I...
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3 Answers | Asked in Employment Law, Civil Litigation, Contracts and Personal Injury for California on
Q: Can a California employee be personally sued for a guest's injury?

I am an employee at a waxing establishment in California. A guest experienced a skin tear during a procedure I performed while following company procedures, and she is now suing both the company and me. Although I am a paid employee, I have received a contract from the company's lawyer to sign... View More

Brad S Kane
Brad S Kane
answered on May 10, 2025

Anyone can be sued for anything.

You are sued for activities performed within the course and scope of your job and the injury was not intentional, the employer has a legal obligation to indemnify you for reasonable and necessary expenses, including the costs of defending the claim or paying...
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3 Answers | Asked in Employment Law, Civil Litigation, Contracts and Personal Injury for California on
Q: Can a California employee be personally sued for a guest's injury?

I am an employee at a waxing establishment in California. A guest experienced a skin tear during a procedure I performed while following company procedures, and she is now suing both the company and me. Although I am a paid employee, I have received a contract from the company's lawyer to sign... View More

William John Light
William John Light
answered on May 10, 2025

Yes it’s legal. Your employer has a duty to indemnify you for expenses you incur in the course and scope of employment. If you refuse the employer’s offer of a defense, it can argue that any expenses you incur were voluntary and it doesn’t have an obligation to indemnify you.

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2 Answers | Asked in Civil Litigation, Securities Law and Stockbroker Fraud for California on
Q: Rejection from joining class action in investment fraud case; options to pursue legal action.

I was looking for a lawyer for an investment fraud case, when I found one that had already started a class action against the same defendant. When I pleaded to join his case as a class member (because my story was the same as his plaintiffs), he rejected me, citing that if he prevailed, he would... View More

David Scott Harrison
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answered on May 12, 2025

Generally, a lawyer initiating a class action has a duty to represent the entire class. While there may be strategic reasons for defining a class in a certain way, rejecting a potential member solely to avoid diluting recovery raises ethical and legal concerns.

1. Duty to the Class: Class...
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