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California Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for California on
Q: who is responsible financially and physically if your neighbors trees have overgrown, and come over the fence ?
George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 21, 2020

You may be able to trim the overhanging branches if it does not harm the health of or damage the tree, but first consult with a licensed arborist about what can be reasonably done.

If there is an issue of whether trimming is reasonable, try to work it out with your neighbor or you may need...
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1 Answer | Asked in Civil Litigation, Immigration Law and Traffic Tickets for California on
Q: My husband has a tourist visa and was working for a trucking company in the US and got a traffic ticket what do we do?

He is working for a trucking company in the US with no work permit he currently has a tourist visa and recently got a ticket. His court is coming up and we are unsure of what to do. Or how to go about it.

Adan Vega
Adan Vega answered on Feb 19, 2020

Your spouse appears to be unlawfully employed in the U.S.and should seek to obtain lawful status.

In regards to the traffic ticket, he can engage the services of an attorney to assist him with the traffic violation.

Good luck to you.

1 Answer | Asked in Criminal Law, Civil Litigation, Collections and Constitutional Law for California on
Q: Convicted of a crime I did not commit, I do have prison priors, +I'm on bail now. What should I do?
Dale S. Gribow
Dale S. Gribow answered on Feb 17, 2020

ASK THIS QUESTION OF THE LAWYER WHO REPRESENTED YOU AND WHO HAS ALL THE FACTS IN FRONT OF HIM/HER

1 Answer | Asked in Civil Litigation for California on
Q: What do you do when Plaintiff's are trying to get documents from Defendants website, and they cant get it.?

Defendants have a website, and that website is the only place the Plaintiff can get documents to support their complaint against Defendants. Defendants continuously state that Plaintiff's show no documentation of anything. Defendants have had Plaintiff's locked out of their account for years, and... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

You need to utilize the discovery process. You do not have to have a trial date set to start discovery. A Plaintiff can start discovery 10 days after the Complaint is served and up until the discovery cutoff date, which is a fixed number of days before trial. No trial date, no cutoff. If the... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: How do I get a attorney free for ilegal eviction? Utilities shut off and locks changed.
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

You likely will not find one for free. You may, however, be able to find one that will take your case on contingency. You want to look for a local tenant's lawyer and ask for a consultation.

1 Answer | Asked in Civil Litigation and Collections for California on
Q: I am looking for legal help in dealing with a defendant from which I collected a judgement a few years ago.

The defendant is harassing me to file an EJ-100 (in Alameda, CA) which she was not entitled to as she still owed about $1000. I decided to file the EJ-100 (but did not notarize the form) is it wasn't worth trying to collect the debt. Do I need a notarized version? She is demanding that I also... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

On number one, the ship has probably sailed on that. you don't generally get do overs in Court. If you do it wrong the first time, you have to live with the consequences. An appeal can be possible, but only if the Court erred, not if you did. As for the rest, follow the Court order. I can't... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: My dad left a will that says to sell his home and divide with rest siblings. What rights do I have?

Dad left a will that my step mom stay in the house till she passed. She passed away . Now his other will sates house is to be sold and divided with all 7 children. what rights myself as his daughter do I have?

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

The executor of the estate should sell the house and distribute the proceeds. You have the right to challenge the will, if you have some reason to believe it was legally invalid, but in doing so, you may run into a common clause in wills that if you challenge the will, you are disinherited (if you... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: My 14 year old son took a computer to his dad’s that wasn’t his to take and won’t return it.

My mother purchased a computer for my son to use at my house. It wasn’t working correctly so he asked if he could take it and work on it and bring it back. I don’t know how to fix it so I told him by this past Monday to have it back. He said fine. I also told his father. My mom told him... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

Not much in a practical sense. You could file a small claims action, but that may not be worth the time, money, and effort it takes to go through the exercise of it all. Your best bet is to deal with the situation yourselves and work it out. I realize that may not be possible, but it is your... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Environmental for California on
Q: I'm seeking representation for the dangerous recklessness endangerment of my Land, farm, water soil, air and my Person.

by Sierra Pacific Industries who sprayed 1000's of gallons of Agent Orange on their property adjacent to me. I suffered 21 days breathing this toxic soup and now suffering from Emphysema and Chronic Bronchitis. I have filed suit on time in El Dorado county and need help! This was the second known... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

We are not allowed to personally solicit or give referral information in these forums. You can search this site for attorneys, however, and a number of other similar sites. You want to find a personal injury attorney in your area and get a consultation. She can tell you whether you have a viable... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Myself and sister were co-owners in home in Hesperia ca. Sister was residing in home , signed 20 yr contract for solar

I did not know about this contract signed 11/2018 , until friend sent photo of panels on home. Sister passed 2019 , now I'm dealing with this. Solar company says they only needed one signature. I told them without co-owner signature ? They said yes. Told them they should require both home owners... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

A co-owner has rights to the undivided whole of the property and could sign such a contract. What you need to find out is if the contract was secured by your real property. If it was a secured loan, then the solar company can ultimately force a foreclosure to get their money out, subject to any... Read more »

1 Answer | Asked in Civil Litigation, Legal Malpractice, Libel & Slander and Probate for California on
Q: Can a defendant sue a plaintiff, her attorney & their witness for using perjured facts from a prior harassment case?

Can a defendant sue in a probate case if the complaint is based on Known libelous statements that was proven to be libelous in an unrelated harassment order case where the defendant in the current probate case was the plaintiff & the witness for the plaintiff in the current probate case was the... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

The standards are different for restraining orders than they are in a civil probate matter. When in doubt in a restraining order situation, the Court errs on the side of caution and grants the restraining order. In a civil matter, you have to prove more likely than not you are correct, and are... Read more »

3 Answers | Asked in Civil Litigation, Collections, Consumer Law and Small Claims for California on
Q: Could a debt collector try to collect on debt that is 8yrs and that was included in a bankcruy?
Donald M Barker
Donald M Barker answered on Feb 12, 2020

He can "Try" all day long. However, due to the BK and most likely the Statute of Limitations on collecting original debt, he has no legal standing to collect via judicial proceedings.

Send him a "writing," instructing him not to contact you again, and he must stop, by law.

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1 Answer | Asked in Civil Litigation and Insurance Bad Faith for California on
Q: I need a litigation lawyer to collect from an insurance Co. for several issues in the process. The policy is open

and the burden of proves are in my favor, but i am acting pro per and get into my level of incapacity or close.

William John Light
William John Light answered on Feb 11, 2020

It is unethical for attorneys to solicit your business by responding to your post. Please consider searching for "bad faith" attorneys, or even personal injury attorneys, and consulting with one or more to learn about your possible case.

2 Answers | Asked in Civil Litigation, Consumer Law and Small Claims for California on
Q: Can I video a conversation with my phone at a business that has cameras everywhere and notices I am being recorded?

I was at a towing company trying to recover my car and I recorded my interaction with their employee at the front counter. There are cameras everywhere and notices that I am being recorded. Can I record my interaction and can I use that in small claims court? The tow was illegal and they did damage... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Feb 8, 2020

Sounds like you already did. What's good for the goose is good for the gander...

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3 Answers | Asked in Business Law, Civil Litigation and Personal Injury for California on
Q: can an employee be sued along with the corporation for negligence after he acting within course and scope?

If not, then is a demurrer and/or motion to strike appropriate?

The employee performed his duties of evaluating a company. The company did not like the evaluation and sued the corporation and the employee after an insurance company denied the claim.

Dale S. Gribow
Dale S. Gribow answered on Feb 6, 2020

more info needed.

No an employee should not have exposure until most circumstances.

the corporation must have insurance and they will send the matter to a law firm.

you want to be sure the ins co agrees they are covering him and that the law firm will represent him.

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2 Answers | Asked in Business Law, Civil Litigation and Criminal Law for California on
Q: Can u Sue a company because 1 of their employees destroyed video that would of shown someone being not guilty at a trial

loss prevention accuse my husband I'm trying to run him over and my husband was charged with assault with a deadly weapon out of the six videos that was given for evidence only one could be open for trial he also testified against my husband. my husband lawyer requested a retrial because of these... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 31, 2020

more info needed.

anyone can sue anyone for anything at any time.

the question is would you win AND will a lawyer take the case on a contingency, rather than an hourly.

my office would never do so and if a lawyer takes a case like that they would want the client to prevail...
Read more »

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2 Answers | Asked in Personal Injury, Civil Litigation and Medical Malpractice for California on
Q: I'm wondering if the following would be grounds for a malpractice/personal injury suit:

we had a failed IVF cycle at a clinic that was a terrible experience from start to finish. Since then, another doctor told me that the treatment (starting stimulation on day 21, retrieval on day 7/8) "makes no sense", and others have seconded this. I've asked the clinic why this was done this way... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 30, 2020

In the absence of injury, you cannot maintain a medical malpractice case. There must be an act of negligence that is causally related to an identified injury. If this failed cycle of IVF reduced your chances of success with subsequent cycles or attempts, then maybe you have a basis for a lawsuit.... Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: Is there software that will help me properly format and prepare a court motion response?

I need to file a response for a motion in Alameda, CA superior court. This response is to a motion that a defendent filed to remove a lien on a house. This is part of a collection action that I filed many years ago. I would like to file this motion without a lawyer, as cheaply as possible, and... Read more »

Andy Chen
Andy Chen answered on Jan 29, 2020

It might depend on the facts of your case, but using pleading paper is generally in any type of California state court civil case. You can make your own pleading paper in Microsoft Word or other similar word processing program. You can download Word templates for pleading paper. Here's one from the... Read more »

1 Answer | Asked in Civil Litigation, Divorce and Family Law for California on
Q: Does a waiver of right to collect retirement benefits include new plans and contributions made during the marriage?

A California prenuptial contains the following clause.

"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if applicable."

Could this be interpreted to mean only those accounts that existed before... Read more »

Andy Chen
Andy Chen answered on Jan 29, 2020

I would be very surprised if the clause you quoted referred to something besides accounts and contributions made during the marriage. In California, accounts and contributions made prior to the marriage are separate property and the other spouse wouldn't be making a claim for separate property... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Personal Injury for California on
Q: After filing my Color of Law forms I sent in my formas paupers and my informal brief. What do I do now

What is the process for the color of law claim

Dale S. Gribow
Dale S. Gribow answered on Jan 28, 2020

more info needed.

is this a family law issue or criminal? arrest under color of authority?

if criminal, the court appoints a public defender for those charged with a crime.

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