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California Civil Litigation Questions & Answers
1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Where can I find an attorney that will take a prisoners rights case that contains deliberate indifference?

The incident involves State prison and correctional health executives transferring over 100 prisoners from a Covid19 Hotspot to another facility that had no Covid19 cases. I was among those at the receiving facility who then became ill as a result of that transfer. The executives acted with... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 10, 2021

You can find many good law firms in and around Oakland and San Francisco who are experts in civil rights cases of the kind you describe. It seems you already have developed a good bit of evidence to support your case. I suggest you prepare a chronology of the events, if you haven't already... Read more »

1 Answer | Asked in Personal Injury, Consumer Law, Civil Litigation and Constitutional Law for California on
Q: can i sue and/or press charges on anytimemailbox.com for my mail being brought home and opened without authorization?

the operator of one of anytimemailbox’s site’s is also currently refusing to give me my mail which is currently at the operatior’s HOME and not the anytimemailbox address.

Dale S. Gribow
Dale S. Gribow answered on Apr 2, 2021

MORE INFO NEEDED

YOU CAN ALWAYS SUE........THE ISSUE IS WILL YOU WIN AND THEN ARE THERE PROVABLE DAMAGES.

I WOULD ASSUME IF HE IS RECEIVING MAIL VIA POST OFFICE, THAT HE WOULD HAVE TO COMPLY WITH THE SAME RULES AS IMPOSED ON THEM.......I HAVE NEVER HEARD OF THIS AND WOULD REPORT TO...
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2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: in california... how do i file for a contempt charge in Civil law....

the guy that i was in court against lost our case and was ordered to pay my lawyer fees immediatly... that was almost six months ago..

I tried filing on a FL-410 and the window clerk said that was incorrect form but was unable to tell me the correct form.

Theodore Allan Greene
Theodore Allan Greene answered on Mar 24, 2021

If they were ordered to pay your attorney fees then you should have the attorney handle the matter. You should have a contract with your attorney that covers such situations. Your attorney needs to confirm with the court how much you paid your attorney.

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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: 14th amendment violation

What does a person have to show when alleging a 14th amendment violation based on racial profiling, an illegal stop and search?

Louis George Fazzi
Louis George Fazzi answered on Mar 20, 2021

That is a great question if you are in law school studying constitutional law. You will have to be a lot more specific in your question, by including the details necessary to determine whether you may have been subjected to such a violation of your rights. It would take a discourse on... Read more »

2 Answers | Asked in Copyright and Civil Litigation for California on
Q: Defendant’s Late Filing of Answer to Complaint in California

Defendant did not respond to my Complaint within 21 days. As my Default Application was still pending, the court accepted Defendant’s Answer 60 days after the time to respond. Defendant did request an extension, however, it was filed after the 21-day time to respond. Is this appropriate procedure?

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

In State Court There is a difference between a Default and a Default Judgment. First you file a request for entry of default. If there is no answer on file, the Clerk enters a default. After you have this entered you submit a packet for entry of default judgment with your evidence proving up the... Read more »

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1 Answer | Asked in Copyright and Civil Litigation for California on
Q: Ex-parte communication - filed by Defendant

Is it improper, a violation of statutes/ethics for a Defendant to submit a 80-page confidential memorandum to the Court on my case prior to filing of my Complaint? I learned of it by a public records request. The memorandum makes many false claims and certainly has the appearance of prejudicing... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

AZ or CA? You posted in CA. Here I cannot even conceive of a way they could file something in a Civil action before you file a complaint. How would they have the case number? There is a procedure for them to file a sealed document that must be followed first.

Justia disclaimers below,...
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1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: When can owner of a single member LLC sue personally against a 3rd party doing business with the LLC {not on behalf of}

Case: The sole member of an LLC filed a lawsuit in his individual name (as the plaintiff) against a company to sue them for contract fraud. The LLC owner was not aware that it could be a problem to file the suit in his name since he was personally financially injured and sees his LLC and himself as... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

Path of least resistance, if you cannot amend your complain to add a plaintiff? Dismiss and start over. If it is an LLC, they have to be represented by an attorney.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Civil Litigation, Elder Law and Estate Planning for California on
Q: Estate law missing will

Mother died, sister and brother got a lawyer and excluded brother? Is the excluded brother automatically entitled to any windfall should they receive an inheritance? This is in CA

Julie King
Julie King answered on Mar 15, 2021

It depends on the dollar value of your mother's estate, which is all of her assets except retirement, her car, and a few other items. If your mother's assets are valued at $166,250 or more, the law requires the estate to go through the Probate Court, so a judge can supervise the... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Collections for California on
Q: In relationship over 10 years during over time I've accumulated his debt of over $18,000 he promised to repay and share

a life together upon his release. When he got out he ghosted me. Do I have any legal grounds to stand on?

Theodore Allan Greene
Theodore Allan Greene answered on Mar 13, 2021

Sorry to hear about your experience. It's not quite clear what legal grounds you want to stand on. If you mean the debt... If you acquired the debt on your credit cards or loans in your name only then you are responsible. Did you get his promise to repay or share in writing? If so you could... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation, Collections and Small Claims for California on
Q: My daughter lost her job, got a "Demand Letter for Damages" from an office in SD and she needs to know how to respond.

This letter from an ex-love interest who is seeking damages from a breach of contract, and fraud.

It is in the amount of $15,000 and is dated February 25, 2021and was served by a FED-EX person on March 4, 2021 to her 16 year old son who was asked to sign his name when he was in the garage... Read more »

David Michael Lehr
David Michael Lehr answered on Mar 12, 2021

You need to speak with civil attorney. This is not yet a criminal case.

Good luck!

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1 Answer | Asked in Animal / Dog Law, Civil Litigation and Contracts for California on
Q: Hello me and my wife are breeders in California and her friend trespassed and took our dog but didn’t sign the contract?

She is pregnant and worth 3500$ we need a lawyer ASAP!!! FYI I called the police they did nada and said it’s a civil matter!

William John Light
William John Light answered on Mar 12, 2021

Call the police and report a burglary/theft. That's a lot faster than a lawsuit.

Q: My heating pad recently caught fire, I filed a complaint, now they are requesting it be mailed to them.

To see what went wrong. My question is, is it safe to mail in the product, prior to being compensated? Do companies try to request failed products, to avoid compensation? Essentially taking my proof?

The heating pad burned part of my mattress, my body was not blister burned, but very red... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Mar 3, 2021

If you have a personal injury claim you should talk to an attorney first. They most likely would have an expert evaluate it and keep it as evidence in your case. If you didn't get hurt very badly then it most likely will be hard to get an attorney. They should compensate you for a new mattress... Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Do I need a person's i.d. to report that they stole my vehicle when I gave they're first last name and d.o.b. and addres

Well my vehicle that I had just purchased and at the time due to the coronavirus wasnt able to register it in my name yet but had bill of sale and paperwork was stolen and traded but at the time people who stole it said they had it towed away so I made a police report and when the investigator... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

if/when you report a theft it is not up to you to determine the dob or cdl of the victim.

that is what the police are supposed to do........

1 Answer | Asked in Civil Litigation, Consumer Law, Internet Law and Juvenile Law for California on
Q: I’m a 17yo minor. I “signed” a contract with PayPal when I was 12. I disavowed it. Their stonewalling me. What can I do?

EDIT: I signed it when I was 11

I was scammed a large amount of money for virtual goods (one of the people scammed me in BTC aswell) before I was medicated. I disavowed my contract with them, and told them that I want my money back (under “Contracts with minors 4318.02). I’m also on the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2021

You may have a claim under various consumer protection and unfair business practice Acts. Contact a member of the Consumer Attorneys of California who deals with consumer debt issues. They give free consults.

1 Answer | Asked in Contracts and Civil Litigation for California on
Q: Need help to prepare civil discovery motions to compel on a Limited Scope basis.

I'm the plaintiff. The law firm for the defendants are jerking me around with BS objections and responses to discovery. I'm looking for a lawyer who can assist me on a Limited Scope basis to prepare high quality motions to compel discovery which are dead bang winners.

Please... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Feb 25, 2021

All real litigators know there is no such thing as a "dead bang winner" discovery motion. Generally, judges do not like these types of motions. The key to effective discovery is precise and clear drafting of the discovery, clear necessity for the particular discovery, and well-documented... Read more »

2 Answers | Asked in Animal / Dog Law and Civil Litigation for California on
Q: How do the courts in California determine the monetary value of a dog when its considered personal property?

In 2013 , my friend bought a 6 month old purebred puppy for $2,500. He bought him as a pet, not to be bred. At 7years of age, he was stolen and used to sire a total of 8 purebred puppies. The puppies were then sold for $3,000 each. His dog could have continued to sire more puppies for at least 2... Read more »

William John Light
William John Light answered on Feb 24, 2021

An expert in that breed of dog with knowledge of the market price considering the age, gender, and quality would have to testify.

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1 Answer | Asked in Criminal Law, Family Law and Civil Litigation for California on
Q: I need to sue a corporation for $50m . Where do I begin

I was defrauded into a marriage by a ceo of a big corporation for 4 years . I found out he was also married in Long Beach and was involved in sex trafficking. Since reporting him, he been threatening me, sending people to harass me etc. I would like to sue him. Can anyone help?

David Michael Lehr
David Michael Lehr answered on Feb 23, 2021

You need a civil attorney.

Good luck!

2 Answers | Asked in Contracts and Civil Litigation for California on
Q: A defendant has Defaulted in California. They've filed a Motion to Set Aside. Do I need to serve my Opposition?

As I understand, I needn't serve the defendant as they are in default.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 10, 2021

You were informed wrong. Unless you respond the Judge will probably grant the defendant's motion.

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1 Answer | Asked in Civil Litigation and Domestic Violence for California on
Q: DVRO Request After Case is Dismissed w/o prejudice in CA

My brother filed a case on 2/2020 against my sister-in-law for divorce and DVRO b/c she hit him and my dad. The court then heard the case and ordered a restraining and move out order against my sister-in-law until 3/2023 to protect my brother and dad. But on 11/2020 my brother requested and the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 7, 2021

more info needed.

i would suggest contacting the lawyer who handled the underlying matter initially...........or consult with a local lawyer who can check the court minutes etc

1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: Can I sell a home with a renter who hasn’t paid lives in? We have no lease or formal contract. I can’t afford this.

I just purchased a new home and cannot afford two mortgage payments. I have nearly $300,000 in equity and wish to sell and retire. The tenant claims her lawyer states she can stay for 60 days. She also told me she will refuse to let anyone enter the proper who is interested in buying the home.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

You need to give 60 days notice in a notice to quit. You must also pay a 30 day rent "moving allowance" but if they on't pay rent, it would seem that the moving allowance is Zero.

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