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California Civil Litigation Questions & Answers
1 Answer | Asked in Traffic Tickets, Civil Litigation and Civil Rights for California on
Q: While driving on my kid school drop off lane, I stopped quickly while not fully pulling over to the side, I went home

And then, the Police officer asked the principal for a lady on a blue car and the principal gave him my address and phone number, the police came to harass me to my home and now he also stays near my home in the mornings. Can the principal just hand out my info without any proof of anything and can... View More

James L. Arrasmith
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answered on May 14, 2024

In this situation, there are a few legal issues to consider:

1. Sharing of personal information: Schools generally have a responsibility to protect students' and parents' personal information. However, if the police officer had a legitimate reason to request your information in...
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2 Answers | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: Would it be advisable to reach out to a lawyer now to submit a motion to quash, or wait until a default judgment?

I have a question about a civil limited case. I recently discovered that a summons and complaint (civil limited) were served, but not on me. It seems the process server falsely claimed to have served me at a specific date and time when I was actually about 10 miles away, parked in a garage, going... View More

James L. Arrasmith
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answered on May 14, 2024

It's best to act now and not wait until a default judgment. Reaching out to a lawyer to submit a motion to quash the service of summons can help you address the issue promptly and prevent any negative consequences from an incorrect default judgment.

With the proof you have, such as the...
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2 Answers | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: Would it be advisable to reach out to a lawyer now to submit a motion to quash, or wait until a default judgment?

I have a question about a civil limited case. I recently discovered that a summons and complaint (civil limited) were served, but not on me. It seems the process server falsely claimed to have served me at a specific date and time when I was actually about 10 miles away, parked in a garage, going... View More

Leon Bayer
Leon Bayer
answered on May 14, 2024

I can't help but feel that you are going in the wrong direction. A motion to quash etc. is nothing more than fancy dance moves that do not win the lawsuit. It gives you extra time to file an answer or other response to the complaint. That's all it does for you. Are you going to waste time... View More

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1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: How should we proceed given that the defendant has altered the interrogatory and its corresponding response?

My initial interrogatory inquired, 'Did you hold the knife?' However, the defendant modified it to 'Did you hurt her?' and provided a response. How should we proceed?

James L. Arrasmith
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answered on May 14, 2024

In this situation, the defendant has improperly altered the interrogatory and provided a response to the modified question. Under California law, you have a few options to address this issue:

1. Meet and Confer: Pursuant to California Code of Civil Procedure (CCP) Section 2030.300(b), you...
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2 Answers | Asked in Civil Litigation and Civil Rights for California on
Q: How should one handle the defendant's responses to interrogatories, all of which are 'I do not recall'

I sent 20 interrogatories to the defendant, but all responses are 'I do not recall.' How should I proceed? For instance, one interrogatory asked if she admitted to the police that she was holding a knife. There is a recording where the defendant did admit to holding a knife to the police,... View More

James L. Arrasmith
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answered on May 13, 2024

When a defendant responds to interrogatories with "I do not recall" for all questions, you can challenge the adequacy of those responses under California law. Start by reviewing the specific interrogatory rules, particularly the obligation to provide complete and straightforward answers.... View More

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1 Answer | Asked in Civil Litigation for California on
Q: In CA if a house is jointly owned by 2 ppl, would it be forfeiting ownership if 1 moved out b4 filing partition action?

A former couple owns a house in CA, one wants to sell one wants to keep the house. If the party who wants to sell moves out of the property before filing a partition action would they be forfeiting their ownership/ could the other party say they abandoned the property? What requirements (if any)... View More

James L. Arrasmith
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answered on May 13, 2024

In California, simply moving out of a jointly owned property does not mean you forfeit your ownership rights. Ownership is determined by the title or deed of the property, not by whether one is physically residing there. Thus, one party moving out does not constitute abandonment of the property... View More

2 Answers | Asked in Estate Planning, Civil Litigation, Elder Law and Probate for California on
Q: If you have got the petitioner to admit on the stand she and another were caregiver doesn't that take away undue influen

If you can show through declarations and documents that you were somewhere else?

James L. Arrasmith
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answered on May 13, 2024

Under California law, proving that a petitioner and another person were caregivers can indeed influence the court’s view on whether undue influence was exerted. If the caregivers had significant control or influence over an individual, especially one who might have been vulnerable or dependent,... View More

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2 Answers | Asked in Consumer Law, Civil Litigation, Internet Law and Gaming for California on
Q: Is it false advertising if a company said they wouldn't censor their game but then censors it on day one with a patch?

SHIFT UP. And Sony Interactive Entertainment explicitly said that the game Stellar blade would not be censored. Most of the physical copies are but the digital ones are not. In fact there was a day one patch to censor the costumes and sometimes it was forcibly thrust upon people. I'm not sure... View More

James L. Arrasmith
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answered on May 11, 2024

Based on the information provided, there may be potential legal issues related to false advertising and deceptive business practices. However, the specific circumstances and details of the case would need to be carefully examined to determine if any laws were actually violated.

Here are a...
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2 Answers | Asked in Civil Litigation for California on
Q: If the plaintiff's fail to amend a cause of action is it automatically dismissed or do I have to submit a request?

Civil Litigation/Breach of Contract

Dan Rowan Cortright
Dan Rowan Cortright
answered on May 10, 2024

It depends on whether the court has ordered them to amend, for example after a demurrer was sustained or a motion to strike was granted. If the court issued one of these orders (e.g. demurrer sustained with leave to amend), the order usually says how long they have to amend their cause of action.... View More

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2 Answers | Asked in Civil Litigation for California on
Q: If the plaintiff's fail to amend a cause of action is it automatically dismissed or do I have to submit a request?

Civil Litigation/Breach of Contract

James L. Arrasmith
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answered on May 10, 2024

Under California law, if a plaintiff fails to amend a cause of action after being given leave to amend by the court, the cause of action is not automatically dismissed. Instead, the defendant must take affirmative action to dismiss the cause of action. Here's what you should do:

1....
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1 Answer | Asked in Civil Litigation for California on
Q: The defendant alleges I sent harassing emails. When I requested certain documents, she objected.

The defendant alleges that I've been sending relentless emails to harass someone. When I requested production of certain documents, she objected, citing privacy concerns and stating that she cannot produce the documents. What steps should I take?

James L. Arrasmith
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answered on May 8, 2024

In this situation, you have a few options to consider:

1. Meet and Confer: Begin by attempting to meet and confer with the defendant or their attorney to discuss the objections and see if you can reach an agreement regarding the production of the requested documents. Try to understand their...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for California on
Q: If a subpoena for personal documents is not properly served do I still need to respond? And if so, how do I respond?

I have been served via email with a subpoena to provide my personal bank financial documentation. The forms were filed on 4/26 and the subpoena was served via email to me today 5/8. The date for which I am being asked for documentation is on 5/10 at 8am. I object to providing my personal... View More

James L. Arrasmith
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answered on May 8, 2024

Under California law, a subpoena must be properly served to be legally binding. If a subpoena is not properly served, you may not be legally obligated to respond. However, it is generally advisable to provide some form of response to avoid potential legal complications.

In California, a...
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2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Civil Rights for California on
Q: Is there a way to require/request the opposing party in civil litigation to prove their identity? California

I have reason to believe that the person suing me uses fake names in contracts and lawsuits so as not to be held responsible if he loses a lawsuit or is sued.

James L. Arrasmith
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answered on May 8, 2024

In California, there are a few ways to challenge or require proof of the opposing party's identity in civil litigation:

1. Demurrer: If the plaintiff's identity is not clear from the complaint, the defendant can file a demurrer arguing that the complaint is uncertain or ambiguous....
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1 Answer | Asked in Civil Litigation for California on
Q: How does the first amended complaint differ from subsequent ones?

I have a pending unlimited civil case (Superior Court) where the defendant has not yet answered. I would like to amend my complaint to fix a couple of minor details. I've been told that the first amendment is a given and I do not need the court's permission. I'm confused as to how... View More

James L. Arrasmith
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answered on May 7, 2024

Under California law, a plaintiff has the right to amend their complaint once without leave of court at any time before the answer or demurrer is filed, or after a demurrer is filed but before the demurrer is heard by the court (California Code of Civil Procedure, Section 472).

In your...
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3 Answers | Asked in Civil Litigation for California on
Q: Upcoming CMC - help us not look silly! (thank you in advance)

We are pro se plaintiffs, and we are suing multiple defendants. The CMC is coming up, but we are not sure what to expect or how to prepare. I believe that the CMC itself would not (should not?) be consequential, correct? Could we be ambushed by one of the defendant making a consequential motion?... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on May 7, 2024

First, check the court's tentative ruling on the CMC after 2pm the day before the CMC hearing. If all pleadings are not on file by then, the court will usually continue the CMC to a later date to allow for the pleadings to be settled, meaning all parties have appeared in the case (i.e. filed... View More

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3 Answers | Asked in Civil Litigation for California on
Q: Upcoming CMC - help us not look silly! (thank you in advance)

We are pro se plaintiffs, and we are suing multiple defendants. The CMC is coming up, but we are not sure what to expect or how to prepare. I believe that the CMC itself would not (should not?) be consequential, correct? Could we be ambushed by one of the defendant making a consequential motion?... View More

James L. Arrasmith
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answered on May 7, 2024

As pro se plaintiffs, it's understandable that you have questions about the upcoming Case Management Conference (CMC) under California law. Here's some information to help you prepare:

1. Purpose of CMC: The CMC is a procedural hearing where the judge, plaintiffs, and defendants...
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2 Answers | Asked in Employment Law, Business Law, Civil Litigation and Mergers & Acquisitions for California on
Q: Enforcing a judgment on a dissolved corporation

I sued my employer (it's a nonprofit organization) a couple of years ago, but since then, it has sold some of its assets to a third party and transitioned to a new corporation under a different name, but the executives and the board of directors remain the same. How will this transition impact... View More

Neil Pedersen
Neil Pedersen
answered on May 7, 2024

Yes, this will significantly complicate things. Far more information would need to be known about the situation to provide any solid guidance. If you have not yet procured a judgment, there are things you will need to do now to try to wrangle the new entity into the lawsuit, and depending on the... View More

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2 Answers | Asked in Employment Law, Business Law, Civil Litigation and Mergers & Acquisitions for California on
Q: Enforcing a judgment on a dissolved corporation

I sued my employer (it's a nonprofit organization) a couple of years ago, but since then, it has sold some of its assets to a third party and transitioned to a new corporation under a different name, but the executives and the board of directors remain the same. How will this transition impact... View More

James L. Arrasmith
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answered on May 7, 2024

Under California law, if a corporation has been properly dissolved, it generally cannot be sued. However, there are some exceptions and considerations in your case:

1. Timing: If the lawsuit was filed before the corporation was dissolved, the case can typically proceed. The...
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1 Answer | Asked in Civil Litigation, Landlord - Tenant and Public Benefits for California on
Q: Can I sue my roommate for using my name and information to apply for California rent relief?
James L. Arrasmith
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answered on May 6, 2024

In California, using someone else's personal information to apply for benefits or services without their consent may be considered identity theft, which is a crime under California Penal Code 530.5. If your roommate used your name and information to apply for California rent relief without... View More

3 Answers | Asked in Employment Law, Personal Injury, Business Law and Civil Litigation for California on
Q: Anti-Slapp filing deadline and attorneys' fee demand

My employer filed Anti-SLAPP motion 68 days after I filed my complaint against them, and it was partially granted. My attorney didn't raise that late filing issue in their opposition to the special motion. Now I am facing a substantial attorneys' fee demand.

Can I leverage the... View More

Neil Pedersen
Neil Pedersen
answered on May 6, 2024

The legal fees award is owed to the employer/defendant. The leverage you have, if any, is against your attorney. The employer/defendant will not care one bit about your arguments against your attorney. So, no, that does not seem to be something you can use as leverage to negotiate the attorney... View More

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