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California Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Gov & Administrative Law for California on
Q: My neighbors and I share a backyard they have 3 dogs, and I have 2. Do we need a kennel license?

The property is a house that has been divided into two separate spaces. Half the house is there's and the other half is mine.

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

In most locales, no, but check with the local animal officer who enforces animal protection codes. Assuming you aren't breeding. Or call your local Animal shelter or your vet.

2 Answers | Asked in Employment Law, Civil Litigation and Civil Rights for California on
Q: I was told by an employee that they don't like dealing with people like me. Later they said black people. Do you help?
Neil Pedersen
Neil Pedersen answered on Oct 13, 2021

I am sorry you have had to deal with this. Unfortunately, your post does not clearly tell us whether this is an employee of a company you were a customer of, or if this was a co-worker. The answer would be slightly different for each.

If these comments were by a co-worker or supervisor,...
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1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Probate for California on
Q: If I signed a settlement agreement , is it binding or is there any way possible to back out of the agreement?
Neil Anapol
Neil Anapol answered on Oct 13, 2021

Its impossible to answer that question without knowing more about what happened. Is it a settlement with your own insurer or a third party? Is there any way you can claim that you were fraudulently induced to sign the agreement? Was there a mutual mistake of fact that caused you to sign the... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: Can any lawyer within a firm issue a deposition subpoena or only the attorney on record (listed on the court register)?
Jason M. Horst
Jason M. Horst answered on Oct 10, 2021

Generally, any attorney in the firm of record can issue a subpoena. It is not unusual, especially with larger firms, for attorneys whose names do not appear on the court’s list of counsel to work on a matter and send out correspondence and discovery requests, including third party subpoenas.

1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: Family member failed to appear in court because he is already in jail for another crime.

Hello! My brother previously committed a crime in which he had to appear in court for his bench warrant hearing. However, a few weeks later he was arrested for a hit and run crime and has been in jail, which he is serving a 4 month sentence. However, he just received a letter saying that he has a... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 8, 2021

more info is needed.

if it is the same courthouse, I would think the PD would automatically handle it by adding to the calendar and moving to quash the bench warrant.

i would probably merge both cases and work out a package deal if possible.

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Small Claims for California on
Q: My car was impounded aug 10 I went to pick it up aug 17 and they tell me they released it to someone already?

My car was impounded once before for not being registered. I had no issues getting it out.. it’s my fault for not having it registered I understand that 100%. I went to aaa to register it the day after I bought it but they told me I would need to go to the dmv since it was a lien sale but first I... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 28, 2021

more info is needed.

you just added new info.......that is why lawyers are reluctant to give advice via internet or phone.

if it was not registered you bear some culpability AND if you got a citation and did NOT notice it was to the wrong person, you have more culpability....
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: Does the owner of a have the right to not extend my stay When I have done nothing wrong in California

Evolve did nothing wrong or violated any of their procedures or rules of a hotel can a owner of a hotel decide not to extend my

Peter N. Munsing
Peter N. Munsing answered on Sep 28, 2021

This isn't an injury question but a landlord tenant question.

A hotel owner is not required to continue a room booking. However, in today's world, with hotels becoming more residential, under California law you may have a tennancy right. I urge you to contact a legal aid office...
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1 Answer | Asked in Civil Litigation and Real Estate Law for California on
Q: What should I do in the case of a realtor providing false information on an addendum during a home purchase?

Our realtor wrote up an addendum regarding obtaining a quote/estimate for repairs on retaining walls from a licensed contractor. Based on the information she provided us, we moved forward and closed on the house and signed the addendum. After further investigation, it turns out the contractor is... Read more »

Yelena Gurevich
Yelena Gurevich answered on Sep 28, 2021

the most common thing you would do is hire a lawyer and sue for any damages you may have sustained.

1 Answer | Asked in Employment Law, Civil Litigation and Employment Discrimination for California on
Q: I was hired after I passed all my screening and scheulded a orientation date. Background passed etc...

went to orientation got my name badge and all next morning I check my emails a second background was checked and now my job was to be determined. Walmart has offered to pay me two different amounts I got my right to sue letter from department of fair housing can someone help me get litigation... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 25, 2021

It appears you are asking someone to assist you suing the employer. Unfortunately, this Q&A site is not the place to solicit an attorney to work for you. You are going to have to locate and talk to one or more attorneys to find one that is willing to take your case, and that you would like to... Read more »

1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Civil Rights for California on
Q: I lived in Sf. My roommate who live next room keep smoking indoor despite I ask him to go smoking outside 3 time.

We live in SF, Ca.

I became secondhand smoker.

It is irritating now and affect my health

Dale S. Gribow
Dale S. Gribow answered on Sep 24, 2021

this is not a typical PI question............

it is a question of you and your roommate having an understanding or one of you moving out and being responsible for the rent until a new roomie is found...

i would find the roomie BEFORE anyone moves out.........

who is the...
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1 Answer | Asked in Civil Litigation, Construction Law, Intellectual Property and Small Claims for California on
Q: What is the law regarding replacing sentimental property that is damaged in the state of California

I had a leak in my ceiling in the apartment I rent. They rushed me out put me in another apartment but they damaged a lot of my property and a lot of it with sentimental value including an airplane propeller that my ex-boyfriend UPS to me when I got my bachelor's degree from flight school he... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 22, 2021

This would not be an intellectual property question, but there's not really a law in regards to this. This would be more appropriately a question for the insurance company that was used to fix the ceiling. As far as I know though, most insurance companies don't give any additional value... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Gov & Administrative Law and Landlord - Tenant for California on
Q: What to do If my old landlord violates/breach of court orderd contract from his obligations to give me good reference

I have multiple recorded violations/breach of contract from x-landlord.I obtain them from homeowners/property managers who were considering me for tendency but was turned down because of my x landlords malicious/false bad referrals which he was court ordered not to give. I'm homeless/living in... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

There's several pieces to this. First off, you mention that he was "court-ordered not to give", which would imply there's already been a case and judgment on him in regards to his recorded breaches prior to you moving out? If so, then the discussion would be on your issue... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: IS THERE A "PREVAILING PARTY" IF THE PLAINTIFF DISMISSES OR WITHDRAWS A CASE AFTER 3 YEARS OF LITIGATION?

IS THERE A "PREVAILING PARTY" IF THE PLAINTIFF DISMISSES OR WITHDRAWS A CASE AFTER 3 YEARS OF LITIGATION?

WILL THE PLAINTIFF SOMEHOW BE ORDERED TO PAY ALL THE COSTS OF LITIGATING OVER THE LAST 3 YEARS FOR THE DEFENSE

IF THE PLAINTIFF DISMISSES THE CASE OR JUST DROPS... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Yes, and if you are the plaintiff and unilaterally dismiss, you are NOT the prevailing party.

1 Answer | Asked in Personal Injury and Civil Litigation for California on
Q: How can we, as plaintiffs, who have to stop litigating not end up responsible for the defense costs? didn't know this

How can we, as plaintiffs, who have to stop litigating not end up responsible for the defense costs? We never even realized this was a possibility when we sued. We sued for a very good reason, but for several reasons, we cannot continue this lawsuit any longer (it has been 3 years). Really would... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

First, don't tell the defense you have to stop litigating. You need to settle and get mutual releases. You should discuss with your attorney.

1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for California on
Q: Can a gas station owner tow a vehicle that is broke down after being told you were going to autozone to get the part

And agrees to give you until that afternoon. But as soon as you leave to get the part he tows the vehicle

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Unless the gas station owner was the government, this is not "Civil Rights". Sounds like you have the perfect case for Small Claims. Take all the receipts for paying to get your car out.

1 Answer | Asked in Civil Litigation for California on
Q: How to not pay defense attorney fees as a plaintiff when dismissing a case.

If you are a plaintiff and dismiss your case years into litigation, but before a trial, is there a way to not be responsible for the defendant's attorney fees (aside from the defense agreeing to this)?

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

First, in the US we do not have a rule that the loser pays fees in ALL cases, only in SOME cases. Like if you have a contract provision that allows for attorney's fees. Or if you are suing under a law that also allows for attorney's fees- like for wages, or age discrimination. So you... Read more »

3 Answers | Asked in Bankruptcy, Personal Injury and Civil Litigation for California on
Q: WE'RE PLAINTIFFS IN CIVIL SUPERIOR CASE X 3 YRS AND WANT TO STOP CASE, HOW DO WE MAKE SURE WE WON'T PAY ANYDEFENSE FEES?

We need help with how we should word the motion filed to withdraw vs dismiss or what to call it? What is the best way to go about doing this to be 100% sure we are not responsible for the defendant's attorney fees and can the defense come back and try to sue us after we either withdraw or... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 18, 2021

you really want to have an attorney contact them to try to get some money and then when they say no, to ask if I can get them to drop/dismiss the case, we would want a release agreeing that each side shall bear their own costs.

if they know you are going to give in, then they may not agree...
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1 Answer | Asked in Family Law and Civil Litigation for California on
Q: Do I have to go to a deposition that was not subpoena by the court? I receive a request for a deposition.
Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

Not all depositions require a subpoena. If you are a party to a court action, civil, family law, probate, you can be required to go to a deposition upon service on you or your attorney of a "notice of taking deposition." Look in the Code of Civil Procedure- Civil Discovery Act- depositions.

1 Answer | Asked in Family Law and Civil Litigation for California on
Q: Do I need a lawyer for a deposition?
Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

Technically, no, but if you don't have one, who is going to raise the legal objections to questions that you are asked that are not proper? Only a very naïve person would think that answering questions at a deposition is easy, it is not, they can ask you the same question a dozen different... Read more »

1 Answer | Asked in Civil Litigation, Legal Malpractice and Libel & Slander for California on
Q: Can a pro se litigant get sanctions against a Plaintiff that keeps filing frivolous motions etc?
Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Usually "sanctions" mean your attorney fees. So, not unless there are particularly unusual circumstances. Perhaps you should contact a local attorney to discuss your personal situation.

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