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California Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: I was wrongfully accused, deprived of due process and had major loss due to it. Can i sue county? All charges dropped

I bailed out was told by county clerk i had no case after going to court, fast forward 2-3 years no notice i get pulled over arrested and had to post bail again, $9000 and $7000, lose my job due to arrest, find 2 jobs after but cannot pass background check. Kost all my benefits, license because I... View More

Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2024

Yes you can. You have remedies available under state and federal law, and I urge you to take advantage of them. You'll need a competent lawyer with the education, training and experience necessary to properly represent your interests. S/he should be a lawyer for the people, who seek to protect... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Collections for California on
Q: Hello I have an issueMy ex girlfriend is having a trial case in January for malpractice surgery

I 100% supported everything financially and have endured debt on it and still to this day pay it

We are not together anymore and the plan was if she wins debt is owed back to me

That was a verbal agreement but I’m afraid since our fallout in the relationship she will not pay... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

Putting the agreement on paper will be helpful, because if you have to sue her the written agreement should make it a breeze for you to win your case. However, the written agreement itself does nothing to make her pay up - making her pay will require her voluntary compliance or else a court... View More

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4 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: Are there civil litigation attorneys that work pro bono or on a contingency fee? If so, could you recommend one, please?

I was brutally attacked by neighbor's pit bull that ripped both my arms open, and I was hospitalized for 3 days. Within hours of me being attacked my boyfriend contacted an attorney (Wilshire Law firm). I was less than impressed with their service - they dragged things out for several months,... View More

Adam Stoddard
Adam Stoddard
answered on Oct 16, 2024

I'm sorry that you had to go through that with the dog and then things were compounded by you feeling abandoned by your attorney.

I think the problem with the case is that it sounds good until you find out that the dog owner did not have any insurance. It is much easier to get a pay...
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4 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: Are there civil litigation attorneys that work pro bono or on a contingency fee? If so, could you recommend one, please?

I was brutally attacked by neighbor's pit bull that ripped both my arms open, and I was hospitalized for 3 days. Within hours of me being attacked my boyfriend contacted an attorney (Wilshire Law firm). I was less than impressed with their service - they dragged things out for several months,... View More

William John Light
William John Light
answered on Oct 16, 2024

No, you cannot sieze the neighbor's property. At most, you can get a money judgment, and then record that judgment with the County Recorder's Office. If the property is sold within the next 10 years, then you would be paid from escrow. The judgment expires after 10 years, but could be... View More

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2 Answers | Asked in Civil Litigation for California on
Q: What motion do I file against Co. officers using our P&L carrier to indemnify their defense in violation of Bylaws?

I am a pro se plaintiff (retired J.D.). I've filed a civil complaint against 3 members of our HOA Board and our Prop. Mgmt. co. for unlawful conduct (embezzlement, fraud, breach of contract, breach if fiduciary duty, etc.) Their defense atty is being indemnified for their legal expenses by... View More

Robert Kane
Robert Kane
answered on Oct 14, 2024

I assume the insurance company isn't a party, but is paying the members' attorney's fees. As the plaintiff, you really don't have a say in the matter. The insurance company has an obligation to represent its insured (i.e. the members.) At some point, the insurance company, board... View More

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4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for California on
Q: Do I have a lawsuit against this business for burning me?

I recently went for fire cupping and ended up with second degree burns. Clusters of blisters and some of my skin was completely ripped off. She told me it was just because my skin was sensitive, and that it wasn't a big deal and that no treatment was needed. After feeling severe discomfort I... View More

William John Light
William John Light
answered on Sep 30, 2024

It sounds like you have a claim. Take pictures of your injuries as they heal and scar (if they do), follow up with dermatology appointments. If an accupuncturist's office performed the cupping, you should make a complaint with the Accunpuncturist Board... View More

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2 Answers | Asked in Civil Litigation and Civil Rights for California on
Q: I am nurse and my previous director was not welling to allow me practice same as others, is it discrimination?

I m a wound specialist nurse, there are two other nurses in the last organization which practice totally different then me. When I brought it up to my director that I like my role and practice to be the same as the other ones, she said she doesn’t believe in that model. I was burnt out so I quit... View More

Marina Samson
Marina Samson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2024

In order for your director's action to be considered a discrimination, her actions in denying you the practice must be based on legally protected characteristics (e.g. race, religion, ethnicity, age (over 40), sex, sexual orientations, etc.) She did not allow you to practice as the other two... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Education Law for California on
Q: My children and I are homeless and considered McKinney-Vento. CIF is impeding my kids sports. What are my legal options?

I lost my job. Could not afford my rent, moved to my RV and was sent to Families in transition for support. During this time I been trying to get my kids eligible for sports. The CIF keeps probing questions of my previous school and wants the old managers contact information. I feel there is an... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Sep 12, 2024

CIF definitely is a problem organization and control CA high school sports. If they have denied your child already, you can attempt to resubmit the transfer application with proof of the homelessness causing the school move. Gather as much as you possibly can to show the situation. If you have... View More

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2 Answers | Asked in Consumer Law, Civil Litigation and Insurance Defense for California on
Q: Zip-thru carwash damaged my daughter's jeep, rendering it un-driveable after she used their carwash - they are now refus

They are now refusing to pay for her car rental which climbed to nearly $5000 for they time they dragged their feet, didn't help her, didn't get her a ride home, didn't get her vehicle towed, and now they are telling US to open an insurance claim with OUR INSURANCE - we don't... View More

Leon Bayer
Leon Bayer
answered on Sep 6, 2024

I suggest you talk to your own insurance agent to find out if you making a claim will affect your rates. This is probably the kind of incident covered under your 'comprehensive' coverage which may cover things on a no-fault basis. Like, if her parked car was vandalized.

If your...
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1 Answer | Asked in Civil Litigation and Libel & Slander for California on
Q: Can a car share company release information about me to another person without my consent in California?

I rented a vehicle from a car share. Returned the vehicle like I always get told. Drop it off at the location, place the keys in the glovebox and the close everything up, I take a photo of the plate number on my phone and leave. Never had an issue but now the company is saying the the owner is... View More

James L. Arrasmith
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answered on Jul 26, 2024

Under California law, car share companies must adhere to strict privacy regulations. They are generally prohibited from sharing your personal information without your explicit consent. This includes details about your rental history, your location, and other identifying information.

If the...
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1 Answer | Asked in Civil Litigation, Legal Malpractice and Gov & Administrative Law for California on
Q: California civil what are the standard and rule for a lawyer formally appearing before court on behalf of some1?

My daughter lawyer works for a law firm. The firm is listed on her complaint but the lawyer representing her didnt say she is the attorney of record….She only say “I am a attorney for— then she say her law firm” She never say appearing on behalf or for my daughter (plaintiff), no notice of... View More

James L. Arrasmith
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answered on Jul 26, 2024

In California, an attorney must formally appear before the court on behalf of a client to represent them in a legal matter. Typically, this involves filing a Notice of Appearance with the court, stating that the attorney or law firm is representing the client in the case. This notice helps ensure... View More

Q: I have no money and currently suffering from brain leasons and serve brain detairation due issue beyond my control.

I fall underneath four major complaints, within the actual scope of protection both medical and emotional! As major injury suffered only 3 months after original placement both suffering physically,mentally, emotionally had been only of the 1st of 6 major contributors of all four federal... View More

James L. Arrasmith
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answered on Jul 23, 2024

Under California law, you have several rights and protections that can help you address these issues. Medical neglect, sexual misconduct, and other forms of abuse are serious matters that the law takes very seriously. If you have suffered harm due to the actions or negligence of medical... View More

1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: DollarTree had me leave my bag up front and it ended up getting stolen...

Talked to corporate they basically said it wasnt on them and i chose to leave my bag there...my fathers ashes was indide of my bag

James L. Arrasmith
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answered on Jul 22, 2024

I'm really sorry to hear about your situation. Losing your father's ashes must be incredibly difficult. When you were asked to leave your bag at the front, it created a situation where the store may hold some responsibility for its security.

First, you might want to document...
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1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: My x boyfriend/ mechanic was mad after we broke up he damaged my car and slash my tiers it's amonth n doesn't wantto pay
James L. Arrasmith
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answered on Jul 20, 2024

In California, you have the right to seek compensation if your ex-boyfriend damaged your car and slashed your tires. Since he is refusing to pay for the damages, you can file a police report to document the incident. This report can serve as crucial evidence if you decide to pursue legal action.... View More

1 Answer | Asked in Civil Litigation for California on
Q: Can people make written statements without fear of retaliation from the plaintiff?

I’m being sued for defamation and unfortunately have to represent myself. I have more than enough people willing to make written statements to substantiate my claims as true however a lot of them are fearful of retaliation from the defendant. Are they protected in anyway by making a statement... View More

James L. Arrasmith
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answered on Jul 20, 2024

When people make written statements to support your case in a defamation lawsuit, they may have concerns about potential retaliation from the defendant. Generally, witnesses who provide truthful statements are protected from retaliation under the law. Witness intimidation or retaliation can be... View More

2 Answers | Asked in Civil Litigation, Estate Planning, Real Estate Law and Probate for California on
Q: Can a California Notary Public draft a grant deed and then notarize the grant deed herself?

Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 21, 2024

There can be a conflict of interest between the agent's role as the impartial notary and beneficiary real estate agent. This must be disclosed to all parties to the sale.

A real estate agent can fill out the blanks in a prepared deed form, but they cannot draft a deed if they are not a...
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2 Answers | Asked in Civil Litigation, Estate Planning, Real Estate Law and Probate for California on
Q: Can a California Notary Public draft a grant deed and then notarize the grant deed herself?

Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?

James L. Arrasmith
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answered on Jul 20, 2024

In California, a Notary Public can notarize a grant deed, but they cannot draft the deed themselves. Notaries are authorized to verify signatures and identities, but they are not allowed to provide legal advice or draft legal documents, which includes deeds.

If the notary is also a real...
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1 Answer | Asked in Civil Litigation for California on
Q: Boyfriend asked me to keep $4000 because he has no bank account but for months, he kept asking me to order fast food

from Doordash, Postmates, etc, and pay out of my own money, not his. I told him on several occasions that I couldn't afford to pay for his food. Can I legally charge/take out the expense of his food?

James L. Arrasmith
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answered on Jul 19, 2024

In California, if you and your boyfriend did not have a clear agreement that you could deduct the cost of the food from the money he asked you to keep, you may not have the right to do so. Without a written or verbal agreement, taking out expenses could lead to potential disputes. It's... View More

2 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: I discovered the lease the landlord is using is expired and has a lower amount of rent and a wrong address where to pay

I need to get a fair hearing I have discovered the lease on the eviction is invalid I have been wrongfully evicted and the hearing was very unfair and I can prove to the judge that I am telling the truth it's not for entertainment he dismissed my last case since it was wrong identity that he... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 9, 2024

Thank you for your question!

The amount of rent can be increased under some restrictions after the fixed terms of tenancy ends.

If you have paid the rent to the address mentioned in the lease, and you were not given any notice about the change of address, then you can use that as a...
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2 Answers | Asked in Real Estate Law and Civil Litigation for California on
Q: when i file a notice of abandonment how long does it give the person to get property off my land

a dispute regarding an elderly adjoining property owner who is taking too long to remove his property from my land saying the cause is a heart defibrillator/pacemaker incidences and hot weather

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 4, 2024

Thank you for your question!

15 days if the notice was served personally or 18 days if served by mail.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for...
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