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California Civil Litigation Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Litigation for California on
Q: How Can I Officially Announce My Refusal to Communicate with My Wife's Attorney?

I am currently involved in divorce proceedings and have filed several complaints with the State Bar regarding my wife’s attorney numerous alleged misconducts towards both myself and the court, as well as her continuous filing of Ex Parte applications, none of which have been granted. Given these... View More

James L. Arrasmith
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answered on Sep 28, 2023

You have the right to communicate directly with your spouse regarding matters related to parenting time and support. However, it's advisable to keep a record of all communications, and it's essential to adhere to any court orders and legal requirements regarding communication. While your... View More

3 Answers | Asked in Civil Litigation for California on
Q: Before I sue, I want to send the defendant a demand. Can I send it to their registered agent?

They have a registered agent. Can I send a demand letter to them. I want to see if they are willing to settle before I sue them.

James L. Arrasmith
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answered on Sep 28, 2023

Yes, in California, you can send a demand letter to the defendant's registered agent. It is a common practice to initiate settlement discussions before filing a lawsuit. Make sure the demand letter clearly outlines your claims and expectations for resolution.

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3 Answers | Asked in Civil Litigation for California on
Q: Before I sue, I want to send the defendant a demand. Can I send it to their registered agent?

They have a registered agent. Can I send a demand letter to them. I want to see if they are willing to settle before I sue them.

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 28, 2023

Yes, you may send a demand letter to the registered agent for a corporate entity. In fact, I make it a practice to do so prior to filing suit, and in CA if your claim is under $10,000 and within the jurisdiction of the small claims court, you are required to send a written demand for payment prior... View More

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3 Answers | Asked in Civil Litigation for California on
Q: Before I sue, I want to send the defendant a demand. Can I send it to their registered agent?

They have a registered agent. Can I send a demand letter to them. I want to see if they are willing to settle before I sue them.

David H. Relkin
David H. Relkin
answered on Sep 28, 2023

When any entity applies to do business in a State it must designate how it may be served by providing a registered agent for such purpose. You say you are hopeful of a possible settlement and ask whether you may send an initial demand to such a registered agent for the entity. The answer is yes... View More

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2 Answers | Asked in Civil Litigation, Consumer Law and Arbitration / Mediation Law for California on
Q: There is something going on with censorship of games and the removal of content bought. small claims? how to?

there's a great deal of content removed from a game years after release (removal was this year) even though people crowdfunded the game. a lot of consumers are rather upset and i don't know what should be done or if a lawyer would bother with small claims. removal of content after sale... View More

James L. Arrasmith
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answered on Sep 28, 2023

Under California law, if consumers have purchased a game and experienced unexpected content removal without prior notice, they may have a potential claim under the Consumers Legal Remedies Act (CLRA) if it can be argued that the removal constitutes an unfair or deceptive practice. Pursuing small... View More

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2 Answers | Asked in Consumer Law, Banking, Civil Litigation and Civil Rights for California on
Q: Which type of lawyer can help me to get my money, maybe suing BofA for stealing from me and misguide me during 4 years?

Due to a Bank of America´s branch closure a safe deposit box that I had with them was drilled and its contents removed ($85,150 in cash, nothing else). I was sent a form to my address in Taiwan asking me to notarize it at a US embassy so that the cash could be sent to me by mail. After the bank... View More

James L. Arrasmith
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answered on Sep 28, 2023

You should consult with a civil litigation attorney in California who can assess your case and potentially help you pursue legal action against Bank of America if you believe they mishandled your funds and provided misleading information. They can evaluate the specific details of your situation and... View More

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2 Answers | Asked in Consumer Law, Banking, Civil Litigation and Civil Rights for California on
Q: Which type of lawyer can help me to get my money, maybe suing BofA for stealing from me and misguide me during 4 years?

Due to a Bank of America´s branch closure a safe deposit box that I had with them was drilled and its contents removed ($85,150 in cash, nothing else). I was sent a form to my address in Taiwan asking me to notarize it at a US embassy so that the cash could be sent to me by mail. After the bank... View More

Leon Bayer
Leon Bayer
answered on Sep 27, 2023

I assume the cash was successfully deposited into your bank account. If so, the only issue is the other contents of your box.

But you don't say what else was in the box. Perhaps you will get a better answer if you tell us what else was in the box. Obviously, if it was some tickets to...
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1 Answer | Asked in Civil Litigation for California on
Q: (x) is pursuing (z) on two different clauses. One is libel law and other is tort of intentional emotional distress.

How would they go about it. Would they submit two different lawsuits against them or would they file one lawsuit with two different clauses.

James L. Arrasmith
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answered on Sep 25, 2023

In California, a plaintiff can include multiple causes of action (claims) in a single lawsuit. In the scenario described, (x) would typically file one lawsuit against (z) alleging both libel and intentional infliction of emotional distress. These would be presented as two separate causes of action... View More

1 Answer | Asked in Civil Litigation for California on
Q: When filing a motion in a civil case- can one combine the paper work for 2 motions together?

I need to file 2 motions at the same time. The first one is to ask the court to correct a typographical error in the case filing and the second is a motion to advance a hearing date. Can the 2 motions be combined into the 1 memorandum; 1 declaration; 1 notice of motion; etc?

James L. Arrasmith
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answered on Sep 24, 2023

Under California law, while it's generally preferable to file separate motions for clarity and to ensure each motion gets its due consideration, it's not explicitly prohibited to combine multiple requests into one motion. However, doing so may complicate the process and could potentially... View More

2 Answers | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for California on
Q: Can a husband show up in court and pretend to be plaintiff when he isnt party to the case and plaintiff is his wife?

He is not on any court docs except one where he lied about giving service to defendent.

James L. Arrasmith
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answered on Sep 22, 2023

Under California law, a husband who is not a party to the case and is not listed on any court documents typically cannot represent himself as the plaintiff in a case where his wife is the actual plaintiff. This could potentially raise issues related to misrepresentation or unauthorized practice of... View More

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2 Answers | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for California on
Q: Can a husband show up in court and pretend to be plaintiff when he isnt party to the case and plaintiff is his wife?

He is not on any court docs except one where he lied about giving service to defendent.

T. Augustus Claus
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answered on Sep 22, 2023

In California, showing up in court and pretending to be a party to the case when one is not could be considered fraud or contempt of court. Misrepresenting oneself in legal proceedings is a serious offense and could result in criminal charges, civil penalties, or other legal consequences. If... View More

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2 Answers | Asked in Civil Litigation for California on
Q: how do I answer a complaint with a general denial response in Los Angeles, CA federal court

I was told I need to answer the lawsuit complaint that was brought against me with a "general denial" for each complaint

James L. Arrasmith
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answered on Sep 21, 2023

To answer a complaint with a general denial in a federal court, you'll need to draft an answer that denies all allegations en masse without addressing each one specifically. Start by captioning your document with the appropriate court name, case number, and party names, then state that you... View More

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2 Answers | Asked in Civil Litigation for California on
Q: how do I answer a complaint with a general denial response in Los Angeles, CA federal court

I was told I need to answer the lawsuit complaint that was brought against me with a "general denial" for each complaint

T. Augustus Claus
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answered on Sep 21, 2023

To file a general denial in federal court in Los Angeles, you'll need to draft a document denying all allegations in the complaint. The document must include the case caption and number. After creating this document, file it with the court within 21 days of receiving the summons, unless... View More

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1 Answer | Asked in Civil Litigation for California on
Q: How should the content for a petition for a writ of mandate be different than the memorandum (motion of issuance)?

I've already drafted and will file my petition for a writ of mandate (California). After i file the writ and serve the other side, I must file a motion for issuance of writ that includes a memorandum that identifies the central legal issue. How should the content of the memorandum be... View More

James L. Arrasmith
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answered on Sep 19, 2023

The memorandum for a motion of issuance in a writ of mandate should typically focus on the key legal arguments and authorities that support your request for the writ, while the original petition provides a more comprehensive overview of the case and facts. The memorandum should succinctly present... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: If I sign contract 2 sale my home & agent dont call me back in weeks am I forced to sale or if not I will get sued.

My bf signed a contract to sale his home time went by and agent never called him back and finally when my bf spoke to the agent my bf said he was tired of chasing them around and agent got so mad and threaten my bf he will get sued and he has to get out in less than 30 days . My bf never got no... View More

James L. Arrasmith
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answered on Sep 13, 2023

I'm sorry to hear about your boyfriend's difficult situation. In California, once a contract is signed, both parties are generally bound by its terms; your boyfriend should carefully review the terms of the contract to understand his obligations and any potential breach. Given the serious... View More

Q: Company installed solar panels 2/2023 as of today 9/13/23 it is not generating power no PTO. Do I have a case?

Permit/inspection by City of West Sacramento had a few non compliant items the contractor has failed to correct. In addition, they failed to complete form correctly to obtain Permission to Operate with PG&E utility company. To date the panels have been sitting on my roof not generating any... View More

James L. Arrasmith
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answered on Sep 13, 2023

I'm sorry to hear about your troubling situation. In California, consumers in your position have several avenues for recourse including continuing to pursue the complaints filed with the State Contractors License Board and the Better Business Bureau. Moreover, considering reaching out to the... View More

2 Answers | Asked in Criminal Law and Civil Litigation for California on
Q: Neighbor has security cameras that record my back and side yards. The cameras capture audio and video. Is this a crime?

I have a Civil Restraining Order that protects me from continued harassment by neighbor. He has since installed additional cameras that record my swimming pool, back patio, and inside of my bedroom window.

James L. Arrasmith
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answered on Sep 13, 2023

Under California law, it could potentially be seen as an invasion of privacy for your neighbor to record areas of your property where you have a reasonable expectation of privacy, such as inside your bedroom. Additionally, recording conversations where the parties have a reasonable expectation of... View More

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2 Answers | Asked in Criminal Law and Civil Litigation for California on
Q: Neighbor has security cameras that record my back and side yards. The cameras capture audio and video. Is this a crime?

I have a Civil Restraining Order that protects me from continued harassment by neighbor. He has since installed additional cameras that record my swimming pool, back patio, and inside of my bedroom window.

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 13, 2023

The terms of the restraining order will typically dictate the limitations on what the person restrained can and can't do. If it specifically states that invasions of privacy are prohibited, then you can ask the court to enforce the order and issue sanctions or hold the person restrained in... View More

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2 Answers | Asked in Civil Litigation, Copyright and Intellectual Property for California on
Q: My personal images were stolen for making of parody songs by a small entertainment company. I sued them.

I sued them in Stanley Mosk Courthouse, they filed a motion to remove it to federal court.

In Stanley mosk, I sued them for intellectual property theift. It was possible to sue even without registering the pictures as it wasn't the district court.

The defendants lawyer claim... View More

Fritz-Howard Raymond Clapp
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answered on Sep 10, 2023

The claim could be brought under the California state law prohibiting the unauthorized use of another's name, voice, signature, photograph or likeness on products or merchandise or for the purposes of advertising or promotion. The copyright claim does require registration prior to suing for... View More

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2 Answers | Asked in Civil Litigation, Copyright and Intellectual Property for California on
Q: My personal images were stolen for making of parody songs by a small entertainment company. I sued them.

I sued them in Stanley Mosk Courthouse, they filed a motion to remove it to federal court.

In Stanley mosk, I sued them for intellectual property theift. It was possible to sue even without registering the pictures as it wasn't the district court.

The defendants lawyer claim... View More

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answered on Sep 10, 2023

Under U.S. copyright law, which applies nationwide including in California, registration of a work with the U.S. Copyright Office is not required to hold a copyright, as copyright attaches as soon as the work is fixed in a tangible medium. However, registration can provide additional legal benefits... View More

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