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California Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation, Civil Rights and Domestic Violence for California on
Q: Is there anything i can do about my ex moving next to my family members when he is not allowed contact with me?

There is a restraining order currently that states no contact whatsoever, and a pending criminal order from the DA waiting to be served upon booking.

David Michael Lehr
David Michael Lehr answered on Nov 21, 2020

Tell the police and they will serve him. That should stop him.

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1 Answer | Asked in Civil Litigation, Contracts and Arbitration / Mediation Law for California on
Q: What can I do in this situation. Keep in mind the company admitted fault. Regional office has made vp and ceo aware also

I CANT BELIEVE WHAT SMART STOP STORAGE DID!!! My fiancé went to our storage to change out the locks because in September they contacted us and said that we needed to put another lock on. He gets there to find out that we have an issue with our storage. It appears at the end of September. There’s... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 17, 2020

You need an itemized list of what was taken so you can put a value on this. Sorry to hear you lost your memorabilia, but it is gone now, and the only thing you would be entitled to is money in return, not quite the same. If you are not satisfied with what they are offering to you, you don't... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: I buy a rifle on line they send the wrong rifle how do handle the problem ?
Yelena Gurevich
Yelena Gurevich answered on Nov 16, 2020

how would you handle it if it was any other item? depends on where you bought it from? it is a refundable item? what are the refund policies? have you contacted the seller and what have they done to correct the issue?

2 Answers | Asked in Civil Litigation for California on
Q: If a person is in pro Se does a verification 446 have to be filed with the complaint or could it be filed later
Kenneth Sisco
Kenneth Sisco answered on Nov 16, 2020

If for some reason the Complaint must be verified, or you choose to make it verified, the verification MUST be attached, for it to be verified. In most cases, the Complaint is not verified and the point does not come up.

The problem of a "In Pro Se" party, comes into play, when...
Read more »

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3 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: if the feds arrest you without giving notice, without a trial, without ever saying a dam word, due process violated.

with the grand jury now being a grand facade, then the feds arrest you without warning, this is tyranny at the hands of government. 10th amendment protects against goverment running roughshod over the states and citizens. How is that they feds are doing just what the constitution was written to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 16, 2020

MUCH MORE INFO NEEDED.

THEY SAY A GRAND JURY WOULD PURSUE A HAM SANDWICH

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1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: The process of obtaining discovery for a CA Civil Injuction by way of filing a TRO with or without a PI.

Would like to know your experience with discovery and TRO’s. Plaintiff, I, need to obtain evidence for 4 TRO cases. It is crucial for me to be granted discovery on these cases and I appreciate your input on how I should proceed. Discovery in TRO's never granted due to time, CCP’s... Read more »

Louis George Fazzi
Louis George Fazzi answered on Nov 13, 2020

This is not the proper forum for seeking such discrete legal advice. I believe you should concentrate your search to law firms capable of such widespread research. Focus on civil rights law firms in and around San Francisco or Sacramento, who will have the expertise you seek. There are also firms... Read more »

2 Answers | Asked in Estate Planning, Civil Litigation and Probate for California on
Q: Living trust amendment not signed before death but...Dad gave power to amend to trustee ???

15401. (a) A trust that is revocable by the settlor or any other person may be revoked in whole or in part by any of the following methods:

(1) By compliance with any method of revocation provided in the trust instrument.

(2) By a writing, other than a will, signed by the settlor or... Read more »

James Edward Berge
James Edward Berge answered on Nov 13, 2020

If a trust amendment has not been signed by the trustor or an agent acting on behalf of the trustor under a power of attorney before the death of the trustor, it is ineffective.

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1 Answer | Asked in Civil Litigation for California on
Q: How do I get started and filing a civil case for breaching a contract? Is there free help available in LA County?

I’m helping my friend who got ripped off for $8000, but I don’t know how to start. I’m unfamiliar with the terms and I don’t want to mess it up. What options do we have? Money is limited

Maurice Mandel II
Maurice Mandel II answered on Nov 11, 2020

The maximum for Small Claims is now $10,000.00, your court costs are on top of whatever you claim. Suggest you go online to LA Superior Court website and see if they either have online filing or forms to fill out and submit. The case description would be "Breach of Contract... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Constitutional Law for California on
Q: Can a business refuse services if you cannot "prove" your ethnicity based on their restrictions?

See question. Business wants to "prove" your ethnicity but only mostly accepts birth certificates, which not every state lists ethnicity on (by design, to prevent possible discrimination). Many do not especially in the South.

The only other alternative is grandparents or... Read more »

William John Light
William John Light answered on Nov 2, 2020

This sounds like an assignment that you should do yourself. If not, please be specific about how this is an actual legal problem that you are facing.

1 Answer | Asked in Civil Litigation for California on
Q: NEED LABOR ATTORNEY EXPERIENCED WITH WRONGFUL TERMINATION BY UNIONS AND EMPLOYER. ALL BARGAINING AGREEMENTS HAVE ENDED.

I WAS EMPLOYED AT UNION PACIFIC RAILROAD FOR 23 YEARS AND TERMINATED ON FEBRUARY 21, 2020. UNIONS NEGLIGENCE REMOVED ME FROM UNION MEMBERSHIP ROSTER IN VIOLATION OF MY UNION RIGHTS AND UNION BYLAWS AND CONSTITUTION. UNIONS AND RAILROAD EMPLOYER CONSTRUCTED MY TERMINATION BY BLAMING ME FOR... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 28, 2020

Very sorry to hear about this kind of treatment of a long term employee. I handle employment law but not Labor/Management relations, which is what you are speaking about. The law involved is the LMRA, a Federal Law and you will need to file a lawsuit called a "DFR" case in Federal... Read more »

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Litigation for California on
Q: A party provided false statements in a declaration in connection to a motion, what objections can I use?

A party provided false and misleading statements in connection to an anti-slapp motion. I intend to file objections certain parts of the declaration that are false and can prove it. What objection can I use under Evidence Code or any other codes?

Shawna Murray
Shawna Murray answered on Oct 24, 2020

You can object to each individual statement in numerous different ways. I highly recommend that you consult with an attorney to help you present the best responses.

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1 Answer | Asked in Real Estate Law, Civil Litigation, Collections and White Collar Crime for California on
Q: How many days should elapse would be considered abandonement of claim for filing motion for attorney fees and costs?

This pertains to a plaintiff with no legal standing represented by an aiding and abetting attorney.

Maurice Mandel II
Maurice Mandel II answered on Oct 24, 2020

Now you are mixing sausage and vanilla ice cream. Attorneys don't "aid and abet" that is language for Criminals. The answer is the same, check the rules of court and the Code of Civil Procedure.

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2 Answers | Asked in Real Estate Law, Civil Litigation and Collections for California on
Q: How many days for filing motion for attorney fees would be considered abandonement of claim?
Maurice Mandel II
Maurice Mandel II answered on Oct 24, 2020

You are mixing apples with meatballs. There are rules of court and statutes regarding the timing for filing a motion for attorney's fees, or the judge could set a special time schedule on request. You can look these up on the internet, they are available to the public. If these are missed... Read more »

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1 Answer | Asked in Civil Litigation, Consumer Law and Products Liability for California on
Q: Is it common today for mass tort law firms to bill the client for interest charges they accrue to work the clients case?
Maurice Mandel II
Maurice Mandel II answered on Oct 23, 2020

Without additional information this is very difficult to respond to. A lot depends on the retainer agreement. Maybe its ok, maybe not. What if they have to spend $50,000 for deposition costs and it requires financing at 10% for 5 years. Should the law firm just eat the $25,000 in financing... Read more »

1 Answer | Asked in Civil Litigation, Collections and DUI / DWI for California on
Q: Can I get access to information about how much money various state agencies have collected from a felony DUI offender?

I was a victim of a felony hit and run drunk driver. He rear ended me on the freeway while I was going 65 mph causing injury. The county commanded custody of restitution payments. I was awarded around $7k in a court order. The county has sent me two payments over a 12 year period totaling about... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 23, 2020

Why would the State of California collect "child support, etc.?" Generally that is paid to the person caring for the child. Maybe a person in your other category "Civil Litigation/Collections" can shed some light on this for you.

2 Answers | Asked in Civil Litigation for California on
Q: Questions are at the end. Thanks in advance.

Court Judgement;

The court finds in favor

of Plaintiff on his breach of contract claim against Defendant in the amount

of $126,000.00 .

Prejudgment interest at the contract rate is awarded and shall be calculated from November 20, 2017.

Costs to be... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 22, 2020

1. Not until the Judgment is entered. A notice of entry of judgment should also be served and filed.

2. Defendant can file the claim anytime but possibly best to wait until Judgment is entered.

3. Will the Plaintiff sign a partial satisfaction for the amount?

You paid...
Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: My friend was going to buy a boat for 12000. He gave 8/12 and The guy won’t give him the boat or the 8000 back

This is all back-and-forth via text message. About 20 pages worth. Plus it was a wire for the 8000 the man acknowledges receipt and clearly states that it’s for this boat

Maurice Mandel II
Maurice Mandel II answered on Oct 22, 2020

Small Claims has jurisdiction up to $10,000, and this is the easiest and fastest way to get a judgment against the man who is breaching the contract. Your should learn from your friends mistake that you don't part with your money without a written agreement. When he goes to trial, tell him... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: During a Trial Defendant asked Judge "Plaintiff is lying and I can prove it But Judge didn't allow Defendant to proceed.

Judge made a judgment against Defendant. Is there any way to apply for an objection to Superior Court? Thanks.

Maurice Mandel II
Maurice Mandel II answered on Oct 21, 2020

Depends on the kind of trial you had. If Small Claims, as the defendant you have a right of appeal and a trial de novo. You would know what the lies were going to be ahead of time and have the proof ready for the new trial. Without seeing the court records it is not possible to give you an... Read more »

1 Answer | Asked in Civil Litigation, Domestic Violence and Landlord - Tenant for California on
Q: Is the Restrained person in a DV - TRO in Contempt if they serve a Notice to Quit & move out to a Protected person?

Oct 15, 2020, a Restrained person in a DV - TRO (Domestic Violence Temporary Restraining Order) has served (via separate Lawyer from DV-TRO ) a written 30 day "Notice to Quit & move out (deliver up the possession) to a Protected person via the DV - TRO.

DV - TRO states that the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 21, 2020

Hmmm, you need to discuss this with your DV attorney or get one if you don't have one. You are telling two tales here. First you say the Restrained Person (RP) served you with a "Notice to Quit" and then you say that they did it through a different attorney. Well, either they did... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: The judge ordered me to pay sanctions. My financial situation has changed bc of COVID. What can I do?

CA - I had a fee waiver originally. It was my first motion that I have ever submitted. I tried to submit a motion for reconsideration but I left out the affidavit. The judge told me to work with out a payment plan with the other attorney. The attorney is waiting money that I don't have. They... Read more »

Yelena Gurevich
Yelena Gurevich answered on Oct 19, 2020

It sounds like you are being sued and within that lawsuit something happened that caused the court to issue sanctions against you. Since you are having financial issues, I highly recommend you speak to a bankruptcy attorney.

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