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California Civil Litigation Questions & Answers
Q: Is a signed mediation agreement reached during small claims court a legal binding contract?

The defendant owed the Plantiff for work done on a piece of property. She put the property up as collateral in mediation and said she would give it to the Plantiff if she defaulted. She made a payment towards the past due after signing and the mediation agreement was put into record for the... View More

James L. Arrasmith
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answered on Nov 30, 2023

Under California law, a mediation agreement reached during small claims court is generally considered a legally binding contract. When both parties sign a mediation agreement, they are agreeing to its terms and conditions, and it becomes enforceable.

In your situation, where the defendant...
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2 Answers | Asked in Animal / Dog Law and Civil Litigation for California on
Q: In California do I need to set up a case management conference before Claim and Delivery

I'm filing for claim and delivery or replevin in California in order to get my dog back from the vet who did not notify animal control and then gave him away. If claim and delivery is a prejudgement remedy, why would I need a case conference?

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answered on Nov 30, 2023

In California, whether you need a case management conference before proceeding with a claim and delivery (replevin) action depends on the specific court and the nature of your case. Generally, case management conferences are set to help manage the progress of a case, but they are not always... View More

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1 Answer | Asked in Business Law and Civil Litigation for California on
Q: Is there such thing as motion to toll the statute of limitations?

I recently filed a complaint with the superior county court of Los Angeles. In the complaint I had a section where I mentioned the reason the statute of limitations is to be tolled (admission in mental health clinics [I have paperwork to prove it]).

The documents are with the process... View More

James L. Arrasmith
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answered on Nov 30, 2023

In California, the concept of tolling the statute of limitations is recognized, particularly in cases where an individual's capacity to take legal action is impaired, such as due to mental health issues. There isn't a specific "motion to toll" the statute of limitations; rather,... View More

2 Answers | Asked in Contracts, Criminal Law, Civil Litigation and Civil Rights for California on
Q: How do I sue a law firm that was supposed to represent me in lawsuit that caused me to lose 7-figure settlement?

I have a legal matter regarding the huge class action lawsuit brought against the University of Southern Californa almost 6 years ago.

It involved Dr. George Tyndall, the school gynecologist.

I was one of the plaintiffs in that case.

I was supposed to receive a 7-figure... View More

James L. Arrasmith
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answered on Nov 29, 2023

To pursue legal action against a law firm in California, especially in a case involving alleged professional negligence or misconduct, it is advisable to consult with another attorney who has experience in legal malpractice cases. These types of cases can be complex, requiring a detailed review of... View More

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1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for California on
Q: AT&T house phone pronounces manager as a racial slur , any help ?

My jobs store phone pronounces “manager” as “ma nig ger” every time a store manager calls. I’m the only African American person who works there and every time I hear it , it brings sadness and pain to me . The phone company is AT&T .

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answered on Nov 29, 2023

In your situation, it's essential to address this issue both with your employer and potentially with AT&T. Mispronunciation by technology, especially one that results in offensive language, can create a hostile work environment, particularly for someone of your racial background.... View More

1 Answer | Asked in Copyright, Intellectual Property, Business Law and Civil Litigation for California on
Q: If we cannot copyright an incident, can we claim it as appropriation of our personality.

If we have an accident. We get injured by it. We meet a hot nurse at the hospital and marry her. And we snap all of it, from accident to marriage.

Few weeks later someone makes a movie out of it. They use our initials, same design wedding dress, same color of car that we had the accident... View More

James L. Arrasmith
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answered on Nov 29, 2023

In your case, while you can't copyright an incident, you may have grounds to file a claim under the right of publicity, especially if specific personal elements like your initials, wedding dress design, and the color of your car were used without your permission. The right of publicity... View More

1 Answer | Asked in Civil Litigation, Construction Law and Small Claims for California on
Q: Hello, Can an individual sue CA Registrar of Contractors up to $10,000 when Building Contractor violates law?

On both Riverside and San Bernardino Counties Court websites, in the Small Claims information section, there’s a notation in small print stating you can sue the Registrar of Contractors up to $10,000 — What To Do When Your Contractor Won’t Pay (Plaintiff’s Small Claims Judgment against... View More

James L. Arrasmith
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answered on Nov 29, 2023

In California, suing the Registrar of Contractors (ROC) directly in a small claims court for a violation by a building contractor is not a typical course of action. The ROC is a regulatory body, and their role is to license and oversee contractors, not to act as a party in contractual disputes... View More

3 Answers | Asked in Civil Litigation and Collections for California on
Q: How do I answer a summons from a lawyer representing a collection agency that bought a charged off credit card debt,
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answered on Nov 29, 2023

When you receive a summons from a lawyer representing a collection agency for a charged-off credit card debt, it's important to respond promptly. The summons will include a complaint, which outlines the allegations against you, and a deadline by which you must respond – typically 30 days... View More

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1 Answer | Asked in Banking and Civil Litigation for California on
Q: How can I get my money back from a bank who allowed a ck in my name to be deposited without my endorsement?

The bank has frozen the funds and claim they can’t id me even though I have a passport and CA Drivers License but because I no longer have the same cell phone number from 2 years ago they can’t verify my identity and refuse to release these funds to me I requested that they return the... View More

James L. Arrasmith
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answered on Nov 28, 2023

Dealing with a situation where a bank has frozen funds and is refusing to release them due to identity verification issues can be challenging, but there are several steps you can take to address this problem:

Gather Documentation: Assemble all relevant documentation, including the passport...
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1 Answer | Asked in Civil Litigation and Consumer Law for California on
Q: Tow truck company unhooked my shifter lever so they could tow it and didn't fix it when I asked them to drop it
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answered on Nov 27, 2023

Under California law, tow truck companies are required to exercise due care in the handling and transportation of vehicles. If a tow truck company damages a vehicle during the towing process, such as by unhooking the shifter lever and not fixing it, they could potentially be held liable for the... View More

1 Answer | Asked in Land Use & Zoning and Civil Litigation for California on
Q: Do property owners of private property have to give notice to the owner of the vehicle before they tow it
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answered on Nov 27, 2023

In California, the rules regarding towing vehicles from private property are quite specific. Property owners or their agents must provide notice before towing a vehicle, except in certain circumstances. The notice typically involves posting clear signs at the entrance of the property, detailing... View More

Q: Judge's at your appellate hearing were already in the court room prior to your hearing discussing case they laugh at me.

When I arrived to my appellate hearing the Respondent And His Attorney were already in the court room discussing the case then the Respondent walked out and the Bailiff came and called the case upon entry the female judge laughed at me and stuck her tongue out the male judge called the case and... View More

James L. Arrasmith
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answered on Nov 27, 2023

In California, appellate courts are expected to maintain a high standard of professionalism and impartiality. If judges exhibited inappropriate behavior, such as laughing at a party or displaying a lack of respect, this could raise serious concerns about judicial misconduct and the fairness of the... View More

1 Answer | Asked in Contracts, Business Law and Civil Litigation for California on
Q: Filing a complaint containing multiple incidents, but different co-defendant(s) in each incident?

Hi - we are filing a complaint against an entity defendant. There were two separate incidents where the defendant committed the same tort, but there were two different outside entities that were involved as well. The additional entity that participated with the defendant in the first incident is... View More

James L. Arrasmith
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answered on Nov 27, 2023

Under California law, you can address your situation by filing a single complaint that includes both incidents, each as a separate cause of action. This approach allows you to streamline the process by addressing all related matters in one legal proceeding. In your complaint, it's crucial to... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Constitutional Law and Civil Rights for California on
Q: Can I sue the person/agency that charged me with felony animal neglect? Charges dropped; They weren’t even my dogs.

An animal control officer was called to the scene when my car was towed and my friend was with me as we were going to her new house with her dogs. The animal control officer mistook a sick dog for a neglected dog, and told the peace officer to charge us both. The charges against us were dropped;... View More

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answered on Nov 23, 2023

Under California law, the possibility of suing for wrongful arrest or prosecution depends on several factors, including whether the officers acted without probable cause or with malice. In your case, the wrongful charge of felony animal neglect, which led to significant personal and financial... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for California on
Q: What could I do to help set the record straight if I know someone lied to police in order to ensure another is arrested?

My husband and brother got into a physical altercation over the sale of a car my brother feels is his despite never paying for it. My husband DID swing first but my brother first put hands on him. My husband had no marks on his face but was shoved to the ground and I believe was threatened with a... View More

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answered on Nov 23, 2023

In California, if you have knowledge of false statements made to the police, it's important to take action to correct the misinformation. First, you can provide a statement to the police detailing what you know about the incident, including any admissions your brother made to you about his... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for California on
Q: on a private road, that has a bridge, and is used by all, does one person have the right to tear out said bridge

Bridge is located in a subdivision and used by many residents. Every attempt to reconstruct and repair the bridge gets demolished by one person who also lives in same subdivision. Do we other residents have any legal recourse?

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answered on Nov 22, 2023

Under California law, if a private road and bridge in a subdivision are used by multiple residents, no single individual typically has the unilateral right to remove or damage the bridge. This is especially true if the bridge is considered a common area or is under a homeowners' association... View More

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: my property in the unit I been trying to get a hold of property management she won't return my calls. I need my things
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answered on Nov 22, 2023

In California, if you are having trouble retrieving your property from a rental unit and the property management is unresponsive, there are steps you can take. First, send a written request to the property management detailing your attempt to retrieve your belongings and requesting access. Make... View More

3 Answers | Asked in Civil Litigation for California on
Q: Do I need a lawyer to file a civil lawsuit against my ex for breech of contract over property?

My ex and I have a family court order from 2018 stating she is to hold a custom style car as collateral while I pay a debt for some vehicles under her name we purchased together. I have now paid all the debt in 4/2022 (early). I have requested my car back and she never informed me that she sold it... View More

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answered on Nov 22, 2023

In your situation, where a family court order is involved and your ex-partner has sold an asset that was meant to be collateral, filing a civil lawsuit is a reasonable course of action. Although it's not mandatory to have a lawyer to file a lawsuit, having legal representation can be highly... View More

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3 Answers | Asked in Civil Litigation for California on
Q: Do I need a lawyer to file a civil lawsuit against my ex for breech of contract over property?

My ex and I have a family court order from 2018 stating she is to hold a custom style car as collateral while I pay a debt for some vehicles under her name we purchased together. I have now paid all the debt in 4/2022 (early). I have requested my car back and she never informed me that she sold it... View More

Robert Kane
Robert Kane
answered on Nov 22, 2023

A problem you are facing is the value of the car. Ten thousand would be small claims court, up to $25,000 would be limited jurisdiction and over would be unlimited. You should determine what court makes the most sense. An attorney may help you negotiate with the other side more effectively (even... View More

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3 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I recently dropped my truck off at the mechanics and they used my truck for personal use.

when my uncle picked up my truck it was hooked up to a trailer, that was not mine. Then when I was looking in my back seat for something I found two ketchup packets from a place that's more than 2 hours from where I live. Then today I found another receipt that was not mine and was dated for... View More

Leon Bayer
Leon Bayer
answered on Nov 21, 2023

You can sue the mechanic. Your claim for damages is going to be the daily rental value of the vehicle. Keep in mind that you must prove the case. Your uncle's testimony will be needed in court. However, ketchup packets normally do not have the name and address of a restaurant. Usually, it says... View More

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