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California Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation and Lemon Law for California on
Q: In bakersfield Ca can a car dealership sale me a car i paid cash for 7000.00 and not have it smogged within the 90 days.
Maurice Mandel II
Maurice Mandel II answered on Sep 20, 2020

I started to look up all the rules relating to dealerships selling used vehicles. After 12 pages, I stopped. The Vehicle Code, Sections 11700 - 11740 cover sales by dealers. You can look it up yourself or contact another dealer to see if they will answer your question. There is one section I... Read more »

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1 Answer | Asked in Civil Litigation, Family Law and Domestic Violence for California on
Q: Court-ordered marriage family therapist (family court) causing substantial psychological harm by committing

perjury in parent/child progress reports, failure to disclose conflict of interest, uses threats to control parent, minimizes reports of child abuse, using DV by proxy, and prolonging case for financial gain.

What are my options/rights to ensure MFT can no longer exploit future/current... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 19, 2020

more info needed.

seek a consultation with a family law attorney in your community.

1 Answer | Asked in Civil Litigation for California on
Q: In a California UD case set for trial. what happens if a motion for summary judgement fails
Kenneth Sisco
Kenneth Sisco answered on Sep 17, 2020

Unless there are undisclosed facts and/or issues, the matter will simply proceed to trial.

1 Answer | Asked in Copyright and Civil Litigation for California on
Q: Discovery Issues

I am a pro per litigant. Opposing counsel will not provide address/ phone # of former employees of company being sued? He claims harassment. He did not provide that info in Initial Disclosure. Can I compel?

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Sep 16, 2020

Maybe, if the information reasonably related to the claims or defenses in the case.

Presumably - because this is posted under "copyright" - this question has to do with a federal lawsuit. If so, discovery is governed by the Federal Rules of Civil Procedure (FRCP), Rules 26-37....
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1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Real Estate Law for California on
Q: what governing body has oversight to handle disputes between neighbors when only some properties belong to an hoa?

My neighbor and i reside in an HOA and feel we are being subject to undue scrutiny and baseless complaints from a couple who live on a parcel adjacent to ours but who do not have membership in the HOA. These people are causing needless problems complaining about us for really no reason, but are... Read more »

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

Send an email to Attorney James Allen Greer on this website, he is knowledgeable about HOA. IMO the neighbors that are not a part of the HOA do not have any standing to make complaint to the HOA.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Civil Litigation, Contracts and Mergers & Acquisitions for California on
Q: Is a Contract automatically canceled that do not have a force majeure clause language in the contract?

I have a wedding scheduled for the end of this year in Los Angeles county CA. However California restrictions do not allow any indoor events. My contract do not have any Force majeure language. If the venue cannot host my event do to the COVID-19 pandemic Restrictions or if it is unreasonable To... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

I know weddings can be very expensive, however, it may be difficult to find an attorney by posting a question on this site, Our TOS do not allow us to write a response that solicits you to call us. You have to find an attorney and call them. Next, there is no "automatic cancellation."... Read more »

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2 Answers | Asked in Libel & Slander and Civil Litigation for California on
Q: Does the TOLLING OF CALIFORNIA'S STATUTE OF LIMITATIONS apply in my situation?

I'm currently a PA resident, and a CA resident gave me a cease-and-desist letter, expressing his intent to sue me for libel (because of an online petition I wrote about him in February 2016).

However, I learned that California's statute of limitations for libel is 1 year, but it... Read more »

Jonathan S. Dennis
Jonathan S. Dennis answered on Sep 10, 2020

A defamation (libel and/or slander) lawsuit must be filed within one year after the defendant first communicated each defamatory statement to a person other than the plaintiff. See California Code of Civil Procedure § 340(c).

There are exceptions, but not because a Defendant is out of...
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1 Answer | Asked in Civil Litigation and Traffic Tickets for California on
Q: What are the consequences for driving without a license after failing to appear for driving without a license?

California. No idea when the failure to appear was, but the second charge is recent. Ex is trying to sell everyone on him facing "5 to 10 years" and my gut and Google tell me he's full of it. He called and left a voicemail telling me to drop my restraining order (after being told... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 30, 2020

Lots of questions coming from Victorville this AM. Something makes me think it is all the same person. On this one, your Gut is correct. He is not facing a 5-10 sentence, but he may be facing severe restrictions on his driving privilege.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Civil Litigation for California on
Q: What sources would Defense attorneys use to identify Plaintiff’s present and past employers (loss of income)?
George Aldrich
George Aldrich answered on Aug 28, 2020

Thank you for asking this question. Typically defense attorneys will look at tax records (w2's, tax return's etc. ) to determine your loss of income. Further, records from your employer regarding your time cards can be used, and also any pay stubs. What the defense attorney is looking for... Read more »

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2 Answers | Asked in Libel & Slander and Civil Litigation for California on
Q: Can I counter sue if I am being defamed by another employee that was fired?

An employee that was fired sued the company for wrongful termination and states that I was a liar. I believe I am being defamed. When she sued the company my name was included in the lawsuit. I was given a DISC-001 Interrogatories general form. It has plaintiffs information ad well as JAMS case... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 28, 2020

You cannot sue someone for defamation arising out of allegations in a lawsuit. There is a litigation privilege that would kill your claim as soon as it was filed. Your only possible recourse for being sued and suffering emotional distress from the lawsuit is if you could state a meritorious claim... Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: If someone returns half of a financial deposit to me, can I sue in small claims for the remainder of the deposit?

I unenrolled my toddler from daycare due to Covid19 negligence on behalf of the owner and staff, but the owner will only return half the deposit. If I accept that partial deposit now, will that inhibit or otherwise hurt my case in small claims court for the remainder of the deposit? Or should I... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 27, 2020

It depends on the terms of your contract but there is the doctrine of the impossibility of performance in a contract that entitles you to a rescission. If the amount is relatively small, less than $10,000, you can go to small claims court.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for California on
Q: My husband's grandmother passed away that finished paying the mortgage on the property we've lived at for the last...

Twelve years. It was put in my brother in law's name and he has been allowing my mother in law, my husband, and myself to reside in the dwelling. My husband and I pay the property taxes, utility costs, and provide all the essentials. I have been caring for my mother in law as an IHSS provider,... Read more »

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

If this property was left to your brother in law, then it belongs to him and you don't have a RIGHT to live there. If he allows you to stay there it is at his pleasure.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Civil Litigation for California on
Q: can a parent share their kids teachers introduction video in a public social media forum?
Maurice Mandel II
Maurice Mandel II answered on Aug 26, 2020

It would probably be unwise to post the video created by the teacher meant for the students. The teacher was targeting a narrow audience and taking it from a distribution of limited selection and putting it out on the international WWW could be considered an invasion of privacy without the express... Read more »

1 Answer | Asked in Landlord - Tenant and Civil Litigation for California on
Q: Can a landlord of a mobilehome park pass court and attorney fees onto other tenants. Not involved in civil case

Landlord and a tenant involved in civil case but landlord is passing cost off to other tenants not involved

Maurice Mandel II
Maurice Mandel II answered on Aug 23, 2020

Unclear how park is passing off the fees to other tenants. Suggest that you contact the attorneys who represented the tenants involved in the lawsuit, they appear to know about Mobile Home Park laws, and should be able to assist you best, having dealt with the park ownership.

Justia...
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1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: I am confused. Different attorneys tell me something but when I research it I find that they are totally wrong.

My Maranda rights and 14th amendment rights to equal protection of the law were violated by Fresno PD. Attorneys talk about qualified immunities that protect police officers but my research says that is for government officials. The Supreme Court has determined that they are public officials. I can... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 19, 2020

You have provided insufficient information. Just because you do two hours or more of legal research does not give you sufficient understanding of the law to know better than the lawyers you have consulted.

Government immunity is a very complicated issue, and quite controversial now. But...
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2 Answers | Asked in Civil Litigation, Employment Law, Tax Law and Small Claims for California on
Q: Employer hasn't paid full wages for a year. Recently, business became LLC. Can employee get past wages still?

Employee was working "under the table" but is still paid by company check at times. July 2019 to Jan. 2020 unpaid hours are 336.75 hours. Employers reason for not paying is he is waiting for final job payment. In good faith employee accepted excuse. Employer has given token payment... Read more »

Donald M Barker
Donald M Barker answered on Aug 18, 2020

Original employer, whether a Corp, LLC, sole proprietorship, or partnership is always liable for wages, even if company dissolves or goes out of business--then owner or shareholders can be liable.

If a business "converts" from sole proprietorship to Corp, LLC etc., the...
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1 Answer | Asked in Business Law, Civil Litigation and Real Estate Law for California on
Q: Right if first refusal in our lease agreement was not provided with the actual property price.

We (Tenant) have a gas station on a commercial property with another business and a couple residential rentals on it. Our landlord provided Us with a first right of refusal letter that showed a price of 1.3 million. We later found out the property was sold for 900k through escrow. We never received... Read more »

Joshua Kroot
Joshua Kroot answered on Aug 16, 2020

In general, if you otherwise have a claim under the right of first refusal clause, you should be able to sue after the sale has already taken place. Depending on how the sale was structured, it may or may not be difficult to get it essentially reversed so that you are able to purchase the property.... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: In Ca, a construction company damaged my refrigerator. Do I have to store the broken refrigerator? if so for how long?

They are saying they do not have to replace the refrigerator so I will need to go to small claims. Do I need to keep the refrigerator that is broken? I do not have a place to store it do I need to rent a storage unit? if so can that be included in the lawsuit? Ideally I would like to get rid of it... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 14, 2020

IMO the short answer for you is NO, you don't have to store the fridge, BUT!!! If you are disposing of it and you intend to file suit, you need to give at least 30 days written notice, certified mail, RRR, that you are disposing of the fridge to any defendant, or you could be accused of... Read more »

2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for California on
Q: Is it true that I can move out at 16 without consent and not get forcefully brought back home ? In California
Louis George Fazzi
Louis George Fazzi answered on Aug 12, 2020

Not unless you file a petition to become emancipated. If your parents do not consent to your emancipation after you turn 14, then you must file a petition with the court in the county where you live (in your case that would be Los Angeles County Superior Court). You can learn all about this by... Read more »

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1 Answer | Asked in Civil Litigation and Personal Injury for California on
Q: How much am I responsible for? Why wont my Homeowners insurance pay for it.? He gets unemployment. Do i pay lost wages?

I’m a home owner. My roommate stepped on my dog and fell in the hallway , injured his shoulder. He is 56 yrs old. He’s been getting medical Treatment for several months.Now he needs surgery. He has Medi-Cal.He can’t find a Doctor Who will do his surgery on Medi-Cal. Do I pay for it I’m a... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Aug 11, 2020

Tricky issues in this case. You need to consult with a home insurance expert not a personal injury kawyer. If a stranger had stepped in your dog and gotten injured, there ya no doubt in my mind that your insurance company would have paid for the victim’injuries; however , because he is a... Read more »

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