Lawyers, Answer Questions  & Get Points Log In
California Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for California on
Q: Can a mechanic sale your car without a contract of the car being at there shop

Hello I had a verbal agreement with the mechanic over the Covid that I could leave my car at his shop we never Signed any paperwork when I brought my car there I never got any bills then he sent me a lien of sale from the DMV but I didn’t see the mail until late and he had already sold my car is... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 8, 2020

The answer is Yes, the mechanic can sell your car after doing work on it, with no contract. Under vehicle lien laws, which are found in the Civil Code § 3067-3074, allow a mechanic to sell the car either after presenting a bill or after performing work. He was supposed to send you the lien... Read more »

1 Answer | Asked in Civil Litigation and Family Law for California on
Q: I have a family law case in which went to a 730 evaluation which took 8 years. We are no longer married .

My ex, his mother and girlfriend stole my house and business. Bigamy was not even a second thought to them. purjury was a every hearing thing for my ex. Never went back after my daugther and i reunited. What do i do now??i have never been heard. I need help

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 8, 2020

The status of your case is not clear. You say you had a 730 evaluation and you also say you are already divorced. You also say you and your daughter are "reunited". What do you mean "what do I do now" and what do you need help with? Did you get custody of your daughter in... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: If I filled complaints every year to Bar, and industrial relations will that help me with statue of limitations?

Clear evidence on paper of attempted murder, went thru multiple surgeries, force to self-rep. If I filed complaints every year only to be ignored.I was disabled at work CO poisoning. Force to Prose. They won with a suspended Dr, bribed lawyer & judge. Attempt murder using CO. Sheriff said they... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

A statute of limitations is a law that prevents a person from filing a lawsuit over a "stale" claim. There are different statutes of limitations for different claims. They are in California Civil Code beginning around section 340. There are a few conditions that will stay or stop the... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for California on
Q: I need a civil attorney to file a claim under color of law 1983 claim

in 2011 the county department of children's services in Los Angeles listed my name on the caci and deprive me of a hearing in the dependency children's Court to defend myself against the allegations that the department accuse me of and I wasn't even a party to the case it was my... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 26, 2020

There is a recent case involving a lawyer who had the same thing happen to him. You need to contact a good civil rights lawyer who can take on this fight on your behalf. There are so many great civil rights lawyers and law firms in the Los Angeles area more than capable of handling this kind of... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: How long can a seller or his attorney delay recording a case “failure to disclose” for mediation?

How long can a seller or his attorney delay recording a case “failure to disclose” for mediation, by asking every month discovery question to buyer for California residential purchase?

Thank you Maurice for answer.

In fact, mediation has not recorded yet. In other word, I am not... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 26, 2020

There is no answer to your question because there are not sufficient facts. Since you are in "mediation" you are apparently outside the provisions of the California Code of Civil Procedure that requires cases to go to trial within 5 years.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Employment Law and Civil Litigation for California on
Q: Can my hours worked be converted into 40 hour week periods for the purposes of the payout in a class action settlement?

I was an hourly, non-exempt employee in California. My former employer is currently settling a class action settlement on the basis of FLSA and California Labor Code violations. I received a notice calculating my weeks worked for a five-year period, but the total number of weeks seems quite low... Read more »

Neil Pedersen
Neil Pedersen answered on Jun 26, 2020

This is a question you need to address to the attorney representing the class. How damages are calculated can often be a negotiated term of settlement. You need to know what the negotiated term was, if any.

As a class member, you have the right to either object to the settlement or,...
Read more »

View More Answers

1 Answer | Asked in Civil Litigation for California on
Q: Can I file and sue HR head who whistlblow retalation when I filed PERB gov employee against employer two years prior bu

Then found out in hearing my boss asked for me to contine abd claimed no misconduct but head of HR sent email (waved and sub but shows intent to commit crime under ed code 44113) I came in whistlblowing and how do they keep me away and fired me five days later. (one on hold pending writ for... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 26, 2020

You are asking a very complex question with a convoluted set of facts, on a public forum, which is not the best place for an answer. IMO- you need to have a consultation with an employment law attorney that specializes in public sector employment and whistleblower protection. It is also my... Read more »

1 Answer | Asked in Products Liability, Civil Litigation, Health Care Law and Wrongful Death for California on
Q: How do I sign up class action in Case No. 2:19-cv-07471 against Whole Foods(Starkey water)I've developed liver fibrosis.

I have been drinking Starkey water from Whole Foods for many years until I found out just last Friday on 06/19/2020 that it is very high in arsenic levels. I have developed liver illness (advanced fibrosis). I live in San Francisco of California.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 26, 2020

I'm sorry for your issues. You do NOT want to normally be part of a class action as the remedies offered are rarely as good as the remedies you can get on your own. Your more important question since you are automatically part of the class if you fit the class description, is "How do I... Read more »

2 Answers | Asked in Civil Litigation, Civil Rights, Constitutional Law and Internet Law for California on
Q: Looking for any laws passed on September of 2002? Where do I search?
Louis George Fazzi
Louis George Fazzi answered on Jun 24, 2020

You can start your search on the State of California Legislative Information website here:

http://leginfo.legislature.ca.gov/faces/home.xhtml

View More Answers

2 Answers | Asked in Civil Litigation for California on
Q: What happens when someone files a court case? Do cases appear on PACER?
Timothy Denison
Timothy Denison answered on Jun 23, 2020

All federal cases appear on PACER once filed.

View More Answers

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for California on
Q: In unlimited civil appeals, if proof of service doesnt exist for the settled statement, is it proper to move to strike?

As an indigent appellant of an underlying family law case, I elected to proceed with the clerk's transcript and settled statement in lieu of reporter's transcripts (CRC 8.137). The trial court modified my proposed settled statement and certified the modified statement as an accurate... Read more »

Charles William Michaels
Charles William Michaels answered on Jun 22, 2020

First, I am not a California lawyer. But I would file that motion, or a similar motion, in the appellate court, which would call attention to your problem. And if you plan on filing a reply brief, then attach the trial court's modified statement in that brief, and in the reply brief... Read more »

1 Answer | Asked in Civil Litigation, Education Law and Gov & Administrative Law for California on
Q: If I get disbarred from DoDEA school can I get a government job still?

was not asked

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

Please remember this is a public forum and you could be posting things today that you regret tomorrow. Sorry to hear that you are having these problems. Your actual question: "Can I get a job still?" cannot be answered with the information you provided, and it calls for predicting the... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: What can you be charged with if you do not wear mask per the June 18/20 CDPH Guidance on "must wear face coverings"?

The California Department of Public Health issued a GUIDANCE on June 18/20 stating that "People in California must wear face coverings..."

- Is a GUIDANCE the same and an Order or a Law?

- Can police enforce this guidance?

- What can you be charged with if you do not choose to wear a mask?

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

The new orders issued yesterday and today from the Office of the Governor now create a state-wide mandate for the use of masks in public places. This means if you are over 2 years old (because if you are under 2 you cannot read the Order) you have to wear a face mask, waiting in line to enter a... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for California on
Q: About 4 or 5 years ago I traded in my 2009 Chevy Silverado that was 2 months away from being paid off on a Camaro at a

Used car lot about 4 weeks later I was arrested for nothing pertaining to this question, and I spent a month in county jail then was released straight into a drug rehab, when I was at the end of my county stay or in the beginning of my rehab stay the owner of the used car lot went and got the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 16, 2020

First, you are going to be looking at potential Statute of Limitations problems if you have waited 5 years to do anything about this. A statute of limitations sets the maximum time that you can wait before bringing a lawsuit on your claim. The SOL on a written contract is 4 years and on a verbal... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: The Lawyer will be able to walk you through that. Anything else you want the Lawyer to know before I connect you?
Tim Akpinar
Tim Akpinar answered on Jun 16, 2020

Part of your post may have accidentally gotten cut off in the process of uploading. You could try uploading again.

Tim Akpinar

1 Answer | Asked in Civil Litigation and Libel & Slander for California on
Q: Need to file a defamation case against a business owner

We had a dispute with her (business owner - runs a cake service from home - not sure if its registered) about services rendered and pay. We reached out to her several times asking for a resolution but she kept abusing us and threatened to complaint at our workplace. When we told her she legally... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 15, 2020

You have a multitude of problems and a defamation claim will not solve all of them. Re: the defamation- you have to prove the falsity of whatever facts were said about you, if it is an opinion, you don't have a case; you must also prove up that you incurred damages as a direct result of the... Read more »

1 Answer | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for California on
Q: Can i record an abstract on a partial judgement on reserved issues that hasnt been finalized

I recorded a partial judgement on reserved issues that wasnt the final judgement ....what should i do?

Nathan Wirtschafter
Nathan Wirtschafter answered on Jun 14, 2020

Generally, an abstract of judgment is issued and recorded on the final judgment.

However, in certain circumstances, the clerk of the court will issue an abstract on a partial judgment. See Lucky United v. Lee (2010) 185 Cal.App.4th 125, 131, 142 (clerk issued abstract of judgment and...
Read more »

1 Answer | Asked in Civil Litigation for California on
Q: How do I find out online whether there are currently open lawsuits against a company in Marin County, California ?

ONLINE resources only, please !

Maurice Mandel II
Maurice Mandel II answered on Jun 12, 2020

There are two ways. First you can hire a service to look it up for you, they will charge a fee. Most process services, One Legal and other attorney services will do this for you. The second way is to go to the website for Marin County, or go to the Clerk of the Superior Court offices (when open)... Read more »

2 Answers | Asked in Business Formation, Business Law and Civil Litigation for California on
Q: I may be facing a lawsuit. I am operating as a Sole Prop. Can I form a LLC now and be protected from a lawsuit?

I added a copyrighted image to my website by mistake. Once I found out it was copyrighted I removed it but the attorney for the original photographer is still threatening me with restitution for a ridiculous amount ($150,000)-even though the pictures license can be purchased for $250. Can I... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 12, 2020

There are several parts to your question:

1. Forming an LLC before the lawsuit will not protect you, as it is a separate legal entity formed after the event in question. As a sole proprietor you would be personally responsible for the infringement.

2. As there may be other facts...
Read more »

View More Answers

1 Answer | Asked in Civil Litigation for California on
Q: What are our renters rights for property no adhering to the lease terms?

Problem: Smoking addendum states no smoking on property except 25 feet from entrance.

We, Unit 6037, have reported numerous occasions that cigarette and marijuana smoke, from below, inside other tenants' units, travels up and into our unit from their open windows and vents. That the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 12, 2020

Sorry to hear that you have such inconsiderate neighbors and your LL won't help. As a tenant you have the right to a habitable premises and the right to the quiet enjoyment of your property. The smoking problem is possibly interfering with both those rights. The Courts usually will not find... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.