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California Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Personal Injury and Civil Rights for California on
Q: Transportation guidelines for securing imate from hospital to county jail n wheelchair

being transformed and not secured properly fell from wheel chair after going head first outta wheelchair as well as deputy no clue to proper securing ..and then driven shackled on floor head smashed into metal floor and cage...and stating more then one time was not secure nor safe l

Dale S. Gribow
Dale S. Gribow
answered on Nov 27, 2022

you may have a negligence or civil rights violation action.............violation of ADA?

write out what happened and call a local negligence lawyer to present all the facts.

1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: If I'm attacking bonafide purchaser status in quiet title action do I counterclaim too if that defense is my answer also

Also ejectment. does that require counterclaim? Do I specifically have to answer to that?separately? I'm unrecorded coowner in possession for eight years and he's trying to say he didn't know of our claim when he bought from our coowner without our knowledge of sale. Broker and... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Nov 26, 2022

You issue and question is way too specific for an attorney on this cite to give you any meaningful response to. You need to take all your documents and meet with an attorney for a one-on-one consultation.

1 Answer | Asked in Employment Law, Civil Litigation and Education Law for California on
Q: How to file an objection or opposition to "Declaration of Demurring Party in Support of Automatic Extension"?

Defendant filed for automatic extension to demure 10 days ago. Claims to be justified on an automatic extension to demure because he emailed Plaintiff 26 days ago to meet and confer. Plaintiff was ill and unavailable yet was represented by counsel. Defendant is skipping the fact that he was... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 22, 2022

Pursuant to CCP 430.41, before filing a demurer, the demurring party shall (must) meet and confer in person or by telephone 5 days before the responsive pleading is due. If the parties are unable to do that, the demurring party can file a declaration which entitles them to a 30 day extension to... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: My probation officer testified that I was not at a court hearing when I was. She lied and I was jailed. Any recourse 4me

I was involved in a custody battle in a adjoining County. My probation officer denied me going to San Diego to gather and file documents crucial to my case also stating that I cannot go to San Diego without a scheduled court date. When I went to a scheduled court date, after notifing her via email... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 20, 2022

if you have a criminal case, then you either retained a lawyer or a PD was appointed for you.

s/he is the person that can help you clear this up, not some lawyer on the internet without any facts or access to the court records.

1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for California on
Q: In a unlawful detainer suit what can a tenant counter sue for
Philip Shakhnis
PREMIUM
Philip Shakhnis
answered on Nov 18, 2022

In California, tenants who are defendants in an unlawful detainer cannot file a cross-complaint. However, the tenant can file a separate lawsuit against the landlord for any breach of the rental agreement, negligence, fraud, harassment and other claims.

1 Answer | Asked in Banking, Civil Litigation and Probate for California on
Q: If a trust lists a bank account, but the account is not titled as a trust account, can the bank give it to the trust?

The account was over the limit for small estates. Titled as single owner no POD. NO Heggstad petition. Does this account remain the property of the estate or can a bank legally give the money to the trust without court approval.?

Howard E. Kane
PREMIUM
Howard E. Kane
answered on Nov 17, 2022

The bank will not turn over the funds to the Trust absent a court order. Through a Heggstad petition, you can ask the court to fund the bank account into the trust. Since the trust lists this account, a Heggstad should be granted. Unfortunately, in Alameda County, it takes around 9 months to... Read more »

1 Answer | Asked in Banking, Business Law and Civil Litigation for California on
Q: Can a retail bank, whose negligence enabled a fraudulent withdrawal from my account, be sued in small claims court?

An identity thief impersonating me was able to withdraw 8K from my account at a Chase Bank branch. The thief could pull off the ruse because he had my ATM card and he knew both my password and, equally important, the provision of Chase policy that caps 8K as the maximum sum withdrawable without ID.... Read more »

James R. Dickinson
James R. Dickinson
answered on Nov 16, 2022

More information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Civil Litigation and Probate for California on
Q: Hello! I filed a 170.3, and the judge appears to want to fight it.

We have been told by the opposing attorney to confirm that there is no agreement in the single judge who would hear the challenged judge's defense. Questions regard, how many judges does the challenged judge have to defend against, just one? If it is agreed that there is no judge that anyone... Read more »

James R. Dickinson
James R. Dickinson
answered on Nov 16, 2022

Why would the judge fight his own recusal- he'd either recuse himself or not. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Civil Litigation and Collections for California on
Q: I haven't been in Washington state for over five years. Can I be served via mail or publication in that state?
Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2022

Yes. If they satisfy the court you cannot be found, the court can order service via publication.

1 Answer | Asked in Business Law and Civil Litigation for California on
Q: Is building a case for someone to represent themself in small claims court illegal if you’re not a lawyer?
James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

Persons represent themselves in small claims court. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Civil Litigation, Contracts, Education Law and Family Law for California on
Q: Does a parent and child have to sign a contract in order to attend public school?

There seems to be a lot of things in these contracts that are unrelated to curriculum and attendance. In some cases it does not seem to be related to education at all and if it is it states it has very little to do with it. I do not want to sign it but they are saying if I do not then my child... Read more »

James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

You could take the contract to a local attorney and pay him to review it, allowing you to ask any pertinent questions. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal... Read more »

1 Answer | Asked in Civil Litigation and Constitutional Law for California on
Q: can police impound a drivers vehicle if the driver is detained, but not arrested?

Who is responsible for paying storage fees?

James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

What is the basis for the impound. Speak with a local attorney to assist you and fight this case. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... Read more »

2 Answers | Asked in Civil Litigation, Construction Law and Contracts for California on
Q: I filed a complaint with the CSLB against a Contractor for shoddy work and breach of contract and it has been assigned

to mandatory, binding arbitration.

The Contractor is stating I still owe him the balance on the contract so he will not fix any issues until that is paid. The CSLB states that the same issues should not be filed in a civil suit but the Contractor has now filed a civil suit in Superior... Read more »

James A. Greer
James A. Greer
answered on Nov 14, 2022

CSLB Claim vs. Civil Suit: Your first inquiry is whether the construction contract has Arbitration as a dispute mechanism - if it does, within 30 days of service of the Civil Suit you should file a "Motion to Stay" the civil suit grounded on the argument that the parties are... Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: The vehicle was my father's he passed away June 28th and my mother signed the vehicle over to me and I finally received

Title and had an appointment to meet with insurance the following day so I just thought why not take it through the car wash before the insurance people to view it. And I could see there was no visible damage to there automatic car wash the brush thing wasn't damaged and the wall piece was all... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 13, 2022

A California attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your father. It isn't fully clear if the vehicle had been insured at the time of the claimed damages. If it was uninsured, based on the amount of damages claimed, you'd... Read more »

1 Answer | Asked in Civil Rights, Consumer Law and Civil Litigation for California on
Q: my motorhome was stolen and sold and i cant get police to help me get it back, yes it was sold without my permission

the people who bought it say they purchased it from me but i have roof i was incarcerated at that time. the police wont honor my pink slip and wont check the valdity of the paperwork the people posess

Leon Bayer
Leon Bayer
answered on Nov 10, 2022

I'm sorry this happened. You can find answers. But you'll need to do some detective work.

The things we need to know will include:

1. Was the registration current?

2. Where was the vehicle last parked or stored, to your knowledge?

3. Was there a loan on the...
Read more »

1 Answer | Asked in Civil Litigation for California on
Q: Is 4yrs in litigation with target company right?

My lawyer seems to be avoiding

Me. We been in litigation Goin on 4yrs now and I'm not sure if it's OK j call target myself to see if it's been settled I'm stuck don't know what to do since my lawyer is no help

Adam Stoddard
Adam Stoddard
answered on Nov 9, 2022

4 years is not that unusual for civil litigation to take. It is on the longer side, but not unheard of. You should contact your attorney to get a status on the case. Alternatively, if you have the case number, you can go to the Court's website and check the status yourself.

1 Answer | Asked in Civil Litigation for California on
Q: How do I get the defendent to bring my property to court in order for me to prove ownership?

I need to prove ownership of my property. Do I file a motion to order them to produce property in order to prove my ownership or do I go through discovery with a request to inspect evidence? Which is quicker to be heard? Although i have a police report I feel as if I'm retrieving my own stolen... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 4, 2022

Have you filed a civil lawsuit? If you filed a civil lawsuit, then you can send a request to inspect the property. At that time you can inspect the property and take pictures of it which you can use as evidence to show the Court and Jury to plead your case. Additionally, you can send a trial... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Environmental for California on
Q: I have condo in Long Beach that has sustained months of water damage. Asbestos was found in walls and is now abated.

This has left over half of the condo without walls, closets, cabinets and drawers in bath, kitchen and some floor covering is missing. The leaks are fixed.

Problem: My HOA and the property management company have delayed beyond a reasonable time to get repairs completed. We are now... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 1, 2022

That's unfortunate news about your condo. I would suggst to first review the CC&R's to see whether or not you can even make repairs without having the oversight from the HOA. I have a condo myself used as a rental property, and I know the CC&R's dictate that the HOA has to... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Libel & Slander and Public Benefits for California on
Q: Why isn't there a disclaimer before the start of Tucker Calson's show?

A federal judge dismissed a lawsuit against Fox News after lawyers for the network argued that no "reasonable viewer" would take the network's primetime star Tucker Carlson seriously.

Why isn't there a public disclaimer before the start of every show informing it's... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 1, 2022

i wonder the same thing.

it wouldn't hurt for someone with the means to take a crack at it.

it won't be cheap.

1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: Why hasn't the Robinson vs California decision changed or stopped the way California handles drug addicts?

On one hand it's unconstitutional and cruel and unusual to punish a person because he/she is an addict. On the other you will go to jail for up to a year for doing what addicts do, by getting high. 2001 I was arrested for 11550. 12 hour hold resulted. 13 hours later they released me. I was... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 31, 2022

While there's been some major reforms under California law regarding drug possession, etc., there are still drug crimes, some of which carry significant penalties. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

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