Lawyers, Answer Questions  & Get Points Log In
California Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: We were denied promotional services and made to prepay our food. We received bugs n our food too.

We were threatened by the Mgr there.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Apr 1, 2023

Under California law, businesses are prohibited from engaging in discriminatory practices and are required to provide safe and sanitary food to their customers. If you believe that you were denied promotional services, required to prepay for your food, and received unsanitary food that contained... Read more »

2 Answers | Asked in Consumer Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: We were discriminated against by Dennys restaurant how do I sue them and what kind of lawyer do I need?

The district Mgr and night Mgr were part of this too. We were threatened by them.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Apr 1, 2023

Under California law, it is illegal for businesses to discriminate against customers based on a protected characteristic, such as race, religion, gender, or sexual orientation. If you believe that you were discriminated against by Denny's restaurant, you may have grounds for a lawsuit.... Read more »

View More Answers

1 Answer | Asked in Civil Litigation for California on
Q: Are the sutter county levees open to public walking?
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 29, 2023

The answer to whether the Sutter County levees are open to public walking may depend on various factors, such as local ordinances, land ownership, and maintenance agreements.

In general, levees may be managed by local, state, or federal agencies and may have different rules and regulations...
Read more »

1 Answer | Asked in Civil Litigation and Collections for California on
Q: For limited civil case (Collections) As the defendant do I need to file any forms prior to the trial setting conference

I have a trial setting conference sechuled for April 5th. I just received a case management statement from the petitoners attorney. I'm not sure if I need to file one as well? Or do I need to file a Trial Setting Conference Statement?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 29, 2023

If you are the defendant in a limited civil case for collections and have a trial setting conference scheduled, it is important to review the local court rules and procedures to determine whether you need to file any forms or documents prior to the conference.

In general, defendants in...
Read more »

3 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: Where do I find a attorney to write a demand letter?

I had an incident that happened August 24 at a local Levi’s store. My attorney took the claim and after eight months he doesn’t wish to represent me anymore now I am stuck with medical bills, but he isn’t seeking a lien. My type of claim is a little difficult so, it is difficult for me to... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 28, 2023

It sounds like you didn't get along with your lawyer and that is the basis of the problem. No lawyer wants a problem client...if that is the case!

Contact local PI lawyers on this site or google PI lawyers and continue.

I wouldn't be surprised if, after investigation, the...
Read more »

View More Answers

2 Answers | Asked in Civil Litigation and Real Estate Law for California on
Q: Is property that my husband deeded to me as sole and separate property in danger if he is sued?

My husband is a contractor and may be sued. Several years ago he deeded me some of his property purchased before our marriage as my sole and separate property. I know our community assets are in danger if he loses but will my separate property also be in danger?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 29, 2023

Under California law, property that is designated as separate property is generally not subject to community property laws or community debts. If your husband deeded the property to you as your sole and separate property before any potential legal action against him, that property may be protected... Read more »

View More Answers

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for California on
Q: It is worth it to sue or take the $900.00 offered and live with the fact I was shafted?

Got covid on a cruise. Had to isolate after the cruise in Vancouver BC and pay out of pocket which was to be reimbursed by Royal Caribbean. Took many months but RC sent a check for $1700.00 to Hilton Grand Vacations in Utah as they were used to book the cruise. HGV then sent a check for $900.00... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 28, 2023

Whether or not it is worth it to sue or accept the $900.00 settlement offer will depend on the specifics of your case and your personal circumstances.

If you feel that you have a strong case and that you could potentially recover more than $900.00 by suing the cruise line or Hilton Grand...
Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: If someone signed a contract to buy a home and the person buying the home hasn't paid the money yet and the person can

The seller sell to so.eone eles

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 28, 2023

The answer to this question depends on the specific terms and conditions outlined in the contract that was signed by the buyer and seller.

If the contract includes a contingency period, which is a specified period of time during which the buyer can perform due diligence on the property and...
Read more »

2 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: what should I do in this situation? Should I apologize for how can I find a new attorney? They are so difficult to find.

I have a discrimination claim from a Levi store where they accuse me of theft. I went and hired a attorney and he represented me for eight months but every time I try to contact him, he would never answer the phone and would always put me on the phone with his legal assistant, who was very rude,... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 22, 2023

I'm sorry to hear that you are having difficulties with your attorney and their legal assistant. Here are some steps you can take in this situation:

Consider apologizing: If you feel that your comments about the legal assistant may have been misinterpreted or were overly critical, you...
Read more »

View More Answers

1 Answer | Asked in Child Support, Civil Litigation and Family Law for California on
Q: Is a stipulated judgment initiated by the LCSA in one county binding in others calif counties? What happens if another

County does not honor it?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 22, 2023

In California, a stipulated judgment initiated by the Local Child Support Agency (LCSA) in one county is generally binding in other counties. This is because California has a statewide child support enforcement system that is designed to ensure that child support orders are enforced consistently... Read more »

2 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: What should I do in this situation?

Old attorney doesn’t want to represent me anymore in discriminatory claim, it’s very difficult to find an attorney to take my claim. Any suggestions?

Dale S. Gribow
Dale S. Gribow
answered on Mar 22, 2023

When a lawyer "bows out" it is usually an indication that the case either no longer appears to have value; it will cost to much to go to trial, and there will be nothing left for the client ...or there is a challenge dealing with the client.

Remember, you are asking a lawyer to...
Read more »

View More Answers

3 Answers | Asked in Personal Injury, Contracts and Civil Litigation for California on
Q: PI filed complaint 7/15/2021 trip n fall. I demanded jury trial. He never paid jury fee. Insisted on waiting.

My right to a jury trial? Never served the complaint.

“My case didn’t have valur without reverse rotator cuff replacement surgery yet.” The impact loosened my bridge. Dental work had to be done first. $17,000 and dentist extracted all my upper teeth he never created a functioning... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 22, 2023

I assume the case is still active, so why not hire another attorney to sub in?

You will only be responsible for 1 legal fee, and the lawyers will work out a division.

Jury fees only have to be considered when the case is set for a jury trial. Are you there already with a 2021 case?...
Read more »

View More Answers

1 Answer | Asked in Civil Litigation for California on
Q: Can a state civil action for abuse of process be made for abuse of a chap 13 bankrucpty filing.

Where a bankruptcy judge grants a motion to lift/annul the automatic stay on 2nd filing of chapter 13 to stop foreclosure.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 21, 2023

It is possible to bring a state civil action for abuse of process in connection with a Chapter 13 bankruptcy filing if there is evidence of misconduct or bad faith on the part of one of the parties involved.

Abuse of process occurs when a legal process, such as a bankruptcy filing, is used...
Read more »

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Employment Law for California on
Q: How Does A Company / Corporation Protect from Liability of California ( Protection Laws) from a stooge person in employ
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 21, 2023

There are several steps a company or corporation can take to protect themselves from liability for the actions of a "stooge" employee:

Establish clear policies and procedures: A company should have clear policies and procedures in place that prohibit illegal or unethical behavior,...
Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Civil Litigation for California on
Q: What to file if the civil unlimited case was a dismissal if you appeared by zoom in Sacramento court

At the time the mandatory settlement conference was for i clicked the link the Sacramento Ca court clerk sent me in the email because the judge allowed me to appear via zoom and it went to my zoom app and the screen and said waiting for host to start the meeting all day I was waiting and no host... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 21, 2023

If you received a dismissal in a civil unlimited case despite appearing by Zoom and waiting for the mandatory settlement conference, you may have several options for pursuing your case further.

File a motion to vacate the dismissal: You may be able to file a motion asking the court to set...
Read more »

2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Criminal Law for California on
Q: Need help to find a lawyer for a patient violently crippled by an LA County Deputy prior to his long incarceration.

In 1988, while in LA County custody, my patient was violently assaulted by a corrections deputy, leaving him crippled to this day. He's been incarcerated until his recent release into our program (in Palm Desert), and was blatantly discouraged by prison staff to not pursue legal action during... Read more »

William John Light
William John Light
answered on Mar 21, 2023

That was 35 years ago. Normally, the statute of limitations would have expired long ago. However, under Code of Civil Procedure section 352.1 (the version in existence in 1988), the statute of limitations is tolled during the period of incarceration. However, the 1994 amendment to 352.1, which... Read more »

View More Answers

3 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: What kind of attorney should I look for?

I was out shopping at a local store when I was accused of theft. Honestly I feel I was discriminated against. What kind of attorney takes these type of cases?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 21, 2023

If you feel that you were discriminated against or falsely accused of theft, you may want to consult with an attorney who specializes in civil rights or discrimination law. A civil rights attorney can help you determine whether your rights were violated, and can advise you on your legal options for... Read more »

View More Answers

2 Answers | Asked in Civil Litigation, Civil Rights, Constitutional Law and Personal Injury for California on
Q: How do I go about seeing the police officer or department for the following incident.

A officer rushed me out of my parked rv causing my dogs to get loose after speaking with him he watched as i struggled to get my 3 dogs inside witch resulted in a first ever fight to ensue in witch the officer watched as I screamed for his help as my arm was unfortunately the unintended target of... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 21, 2023

If you have been the victim of police misconduct or negligence, you have the right to file a complaint with the police department or law enforcement agency involved. Depending on the circumstances, you may also be able to pursue legal action against the officer or department involved.

To...
Read more »

View More Answers

2 Answers | Asked in Personal Injury, Civil Litigation, Collections and Small Claims for California on
Q: I won small claims against car wash.

Car wash damaged my truck and I awarded $1,800 at small claims court 6 months ago, however the shop has never pays. what is the best to collect money? Keeper or till tab only? I doubt they have cash more than$500 in the registry box. The shop doesn't own the property, but 20 yrs long term... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 19, 2023

Congratulations on winning your small claims case! Unfortunately, collecting a judgment can sometimes be difficult. Here are some options to consider:

Writ of Execution: This is a court order that allows a sheriff or marshal to seize assets owned by the car wash in order to satisfy the...
Read more »

View More Answers

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: I have had numerous criminal trespass incidences upon my property. Cant rely on property management's surveillance.

I am positive of the approximate hours of criminal trespass, I since have made an online vandalism report, called 911 non emergency 6 times, each having 2 officers respond to my request (SWLAPD), now it appears that I am being ridiculed or am receiving bais to the point where 2 times already, two... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 19, 2023

I'm sorry to hear that you are experiencing criminal trespassing on your property and that you feel like you are not getting adequate support from law enforcement or property management. If you believe that you have been subjected to bias or discrimination by law enforcement, you can file a... Read more »

View More Answers

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.