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California Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for California on
Q: my student loan holder keeps telling me they have never received my income-contingent repayment plan

I've sent it to them 8 times. They keep telling me they have never received it, as a result, the amount keeps going up. Is there anything I can do about this as it has been going on for over a year now.

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 10, 2019

If you are sending it to them by mail, you may want to consider sending it by certified mail. Then you will get a receipt sent back to you showing that it has been delivered.

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2 Answers | Asked in Civil Litigation, Civil Rights, Health Care Law and Medical Malpractice for California on
Q: Are made to move off freeway during a blowout of tire when you're already in the emergency lane by an highwa patrol.
Louis George Fazzi
Louis George Fazzi answered on Nov 1, 2019

Forgive me, but your question makes no sense to me. You need to provide a lot more details about what happened to you.

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: I need to get out of time share contact, they haven't keep the stipulations on the contract. What kind of lawyer I need?

The company's name is Welk's resort.

Michael Hales
Michael Hales answered on Oct 30, 2019

I'm sorry that you're in this position. From what you've stated, it sounds like the timeshare company has breached some of their obligations under the contract. I would definitely recommend speaking with an attorney familiar with timeshares. If you and your attorney need any information, please... Read more »

3 Answers | Asked in Libel & Slander, Criminal Law, Civil Litigation and Landlord - Tenant for California on
Q: My friend destroyed my apartment and personal items in the place I was renting ended having to move can I sue him

He went to jail the night he was destructive to my home and is serving 3 years in county . He said he would help with damages and moving and will not now . My whole life was turned upside down and left me and my son homeless . I wasn't even home when he did what he did . I have pictures and he was... Read more »

William M. Weinberg
William M. Weinberg answered on Oct 24, 2019

This really isn’t a criminal law question. Of course, I would encourage you to file a small claims action against the landlord for stealing your deposit. I’m sorry all this is happening to you it must be incredibly stressful.

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1 Answer | Asked in Civil Litigation for California on
Q: Hi the company West H&A LLC did a fraud on my properties. How can I clean the house titles?
Kenneth Sisco
Kenneth Sisco answered on Oct 22, 2019

To answer your question, one must know a great deal more about what you mean by "did a fraud on my properties." If the properties have been taken out of your control, for example if someone sold your properties without you even knowing it, you need to immediately file a lawsuit, so you can record... Read more »

4 Answers | Asked in Bankruptcy and Civil Litigation for California on
Q: I have been sued for $1,885.91 from credit card. Its a limited civil case. My last payment was 12/01/2015

It's past 3 years and do i have to go court or do try to call the credit card company?

Peter Maurice Lively
Peter Maurice Lively answered on Oct 21, 2019

The statute of limitations for breach of contract in California is four years. You might be able to resolve the lawsuit by contacting counsel for the credit card company and offering a settlement. You have a limited amount of time to file a written response to the complaint and you need to pay... Read more »

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2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for California on
Q: University sent me a settlement and I believe its lawful?

University sent me a settlement which if I sign not going to be available to take them to court in the future.

William John Light
William John Light answered on Oct 17, 2019

You will need to retain an attorney to read the Settlement Agreement and discuss its implications with you. No responsible attorney will speculate over the internet.

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Small Claims for California on
Q: Change of venue in unlawful Detainer case by defendant from superior court of Alameda to federal court.

Plaintiff received federal funds allocated by a nonprofit entity operating with in California. Plaintiff has a history of substantial filings of unlawful detainers since the 1980 in Alameda County. Defendant is a 100% service-Connected disabled Operation Iraqi Freedom Army Veteran who has been... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 14, 2019

Simply put, the Federal courts have original jurisdiction in cases and controversies which raise either a federal question, or in civil cases where the parties reside in different states and the amount in controversy exceeds $75,000. A typical unlawful detainer case is between landlord and tenant... Read more »

1 Answer | Asked in Car Accidents, Personal Injury and Civil Litigation for California on
Q: Can we sue hoa for neglecting to enforce rules if they ignore our safety and tell neighbor, we get gunshot dmg

We asked hoa to enforce the rules 4 times, each time asking them not to disclose that a neighbor complained, would give me up as source. I spoke to the neighbors twice before about parking in fire line/street where signs are posted no parking, called the police once, the towing company twice, and... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 14, 2019

MORE INFO NEEDED.

A LAWYER WOULD WANT TO SEE THE PAPERWORK SHOWING WHAT THE HOA RULES ARE.

ANYONE CAN SUE FOR ANYTHING AT ANY TIME.......THE ISSUE IS WOULD YOU WIN...........AND A LAWYER

WOULD NOT TAKE THE CASE ON A CONTINGENCY...........THUS YOU WOULD HAVE TO PAY A LAWYER...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: If I have hours of evidence of my neighbors communicating about targeting me out, what actions can I take against them?

If I have many hours of my neighbors communicating with their community engagement/social justice project about targeting me out and basically torturing me to death, what legal action can I take?

Gary Kollin
Gary Kollin answered on Oct 11, 2019

Take them to the police

2 Answers | Asked in Criminal Law and Civil Litigation for California on
Q: Who is responsible for ups losing a package the ups store where it was mailed or ups themselves
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Oct 11, 2019

When you make a claim for a lost package through UPS claims procedures, the claim is against UPS itself. They have limits on liability

($100), unless insurance was purchased.

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1 Answer | Asked in Civil Litigation, Small Claims, Criminal Law and Civil Rights for California on
Q: HEAT Team officer not in distinctive vehicle, uniform nor a badge. In pursuit. I have photos, to prove.

I got away fiance in custody still. Since 6/23/19. Cop admits to breaking law by saying not in uniform. He didn’t show up in court. The judge keeps continuing court no deal offered, or bail reduction. Ineffective assistance of counsel. I’m witness but never on police report. I took the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 6, 2019

much more info needed.

i assume you have a private or court-appointed lawyer (public defender?

that is who you should direct your questions as s/he has all the info in front of him/her.

after reading the police report your lawyer may agree with you and file the necessary...
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2 Answers | Asked in Civil Litigation, Contracts, Estate Planning and Real Estate Law for California on
Q: My mother and father signed a grant deed to our family home to me before mom died now my dad is trying to sell it

My parents were divorced and the house was moms. Father remarried another woman ten years ago . Hes claiming to be a widow his wife is alive and thats a lie. I am my mothers only child and rightful heir to her estate . My because my mom signed my grant deed to transfer my home to me and I found... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Sep 28, 2019

Was your grant deed ever filed with the County Recorder? If your deed is valid, then you need to have it recorded in order to show the world that you have clear title, and that your father does not.

When the title company goes to complete any transaction that your father makes, they will...
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1 Answer | Asked in Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: My last court appearance was in front of a judge who has an inactive license. Who should I notify?

The case was switched to a new courtroom with this judge presiding the day before my court date.

Louis George Fazzi
Louis George Fazzi answered on Sep 27, 2019

Judges, who are appointed to the bench, do not need an active license to practice law because when they take the bench they are not acting as a lawyer at all, but as a judge.

It is none of your business as a party before the court who or what the judge is or may be. However, every party has...
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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: How can I keep the apartment I am living at if I am an occupant and the lease holder cannot pay their share of rent?

I am an occupant at an apartment on a month to month lease. The lease holder cannot pay her share of rent and is a extremely negligent of the place, she wont report damages in fear of receiving an eviction notice. She is constantly breaking the rules of the lease. I pay for half of the apartment... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 23, 2019

Talk to the landlord about this situation. Unless I miss my guess, your former roommate cannot just leave and let her boyfriend move in--because his name is NOT on the lease. Your landlord will know what to do.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Civil Litigation for California on
Q: Lost at trial a civil lawsuite in Los Angeles Superior Court!! - Norwalk! What is the deadline after trial to file appea
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Sep 22, 2019

There are several potential deadlines. The most common is "60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled 'Notice of Entry' of judgment or a filed-endorsed copy of the judgment, showing the date either was served." The other deadlines... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Civil Litigation for California on
Q: My dad left me a letter stating that half the property was mine no notary just his signature

My mom is ripping me off and giving my money to her daughter that's not my dad's I worked with dad since kid with no pay cause he promised me half the property and my mom always hated that and now she sold the house I found out by getting a eviction letter from new owner and is not giving me my... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2019

I am saddened when I read yet another story about someone (in this case your dad) who engaged in do-it-yourself estate planning and it failed, to the detriment of the intended beneficiaries. It would have been way cheaper for your dad to hire an estate planning attorney to do this right than it is... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: I am seeking out help due to being accused of having Contrabands . How do I go about this .

I am seeking out help due to being accused of having Contrabands I was unclothed strip and went under CT scans no contraband was found no evidence in their Probable cause, they kept insisting I had contraband. long story short they charge me for a utility knife that was in my car that I had no... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 19, 2019

MORE INFO NEEDED.

IF YOU HAVE BEEN ARRESTED ASK FOR THE JUDGE TO APPOINT A PUBLIC DEFENDER.

THEY ARE CHARGING YOU WITH POSSESSION AND NOT OWNERSHIP IN ALL LIKELIHOOD.

1 Answer | Asked in Civil Litigation for California on
Q: Defendants lawyer wrote us stating he read the complaint. Do we still have to serve them?

They have evaded service thus far. The Judge recommended we default them but did not specify how to fill out the proof of service? They served themselves?

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Sep 13, 2019

You can't default them without filing a proof of service. To do that you need to serve them properly. A party cannot serve another party themselves. Them reading it is not proper service unless they sign an acknowledgment/waiver of service. If they haven't been properly served, hire a process... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Elder Law for California on
Q: What qualifies as a “dependent adult” in California?

Would a person on social security disability who has been diagnosed as permanently totally disabled due to mental illness (bipolar) and required to have a representative payee to manage their benefit payments on their behalf be considered a dependent adult?

This is regarding a wrongdoing... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 11, 2019

Every case is unique and more information is needed to properly answer your query intelligently. In addition, you should NOT be discussing your case on an open forum like this.

It is always a good idea to contact a local attorney that handles these types of cases in the court where you...
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