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California Civil Litigation Questions & Answers
1 Answer | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for California on
Q: Where does it say in California law that a trustee must maintain trust assets (i.e. rental property for beneficiary)?

In this situation, rental income is to be used for the beneficiary's Special Needs Trust. There is a home that needs to be cleaned and rented yet the trustee has not done anything to take control of the property, clean and get it back on the rental market. I feel this is a breach of his... Read more »

Joel Gary Selik
Joel Gary Selik answered on Jan 17, 2022

Anyone, with good reason, can petition the court to have the trustee replaced. Failure to fulfill the fiduciary duties is a good reason for replacement.

2 Answers | Asked in Consumer Law, Civil Litigation, Collections and Small Claims for California on
Q: Can I hire an attorney for limited services?

I wish to hire an attorney to help with preparing an "opposition to motion to deem matters admitted". Is it possible to hire for only that, or will attorneys require they represent me throughout the entire case?

Joel Gary Selik
Joel Gary Selik answered on Jan 11, 2022

Yes, you can hire an attorney to write the motion, or only assist you on the motion or for any or all of any part.

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1 Answer | Asked in Divorce and Civil Litigation for California on
Q: My home in California is in my name only. I bought while married. We live in the home. Can my husband legally take?

He signed a quitclaim deed when I bought.

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 7, 2022

Generally, a home purchased during the marriage is community property. Whose name is on title does not change that. A Quit Claim deed also doesn't necessarily change that. It depends on the expressed intent of the parties at the time of execution of that Quit Claim deed and it depends on... Read more »

2 Answers | Asked in Libel & Slander, Civil Litigation and Sexual Harassment for California on
Q: What type an attorney do I need? Does my company have any liability? Can I countersue for defamation? Who can help me?

My company is being named in an lawsuit. Person A who's role was a mgr (not employee) of my company transferred from Independent Contractors' personal email/computer a video with sexual content to his personal email; never associated with the business. IC found out called the police and... Read more »

Brad S Kane
Brad S Kane answered on Jan 6, 2022

First, you should tender defense of the claim to your insurance company. Hopefully, you have employment practices liability insurance as part of your general liability insurance.

Second, your decision to terminate the IC may be considered retaliation for the complaint. The facts are...
Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: Can dismissing a civil suit result in fees?
Gerald Barry Dorfman
Gerald Barry Dorfman answered on Dec 30, 2021

Yes. A prevailing party is entitled to their "costs". Depending on the case, these can be quite significant. In some cases, such as when a contract or statute allows them, attorney fees may also be assessed. Some costs are automatic and are awarded after a "memorandum of... Read more »

4 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Collections and Probate for California on
Q: I need a lawyer to help collect on a claim I filed at Stanley Mosk for 186k
Yelena Gurevich
Yelena Gurevich answered on Dec 23, 2021

Use a find a lawyer feature and look for cole room attorneys.

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2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: CA civil suit for malicious prosecution and false statement to police when police declined to file charge?

despite no charges ever being filed, can I still sue if an individual filed a false statement with police in an effort to have me arrested?

Theodore Allan Greene
Theodore Allan Greene answered on Dec 21, 2021

The quick answer is that you sue anyone for any reason. The bigger question is will you win and what are your damages. One of the elements for malicious prosecution is that you were charged which from your question it appears you weren't charged. The police could have charged the person... Read more »

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1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for California on
Q: Can I file a Motion to Vacate Judgement after I filed a Motion to Vacate Default Judgement that was denied?

Denied because it was over 15pg limit. And the Default Judgment happened because I did not answer the complaint due to the fact I was not served documents. I found out too late when I looked up my case at the courthouse. Unlawful Detainer case.

Anthony M. Avery
Anthony M. Avery answered on Dec 14, 2021

You need to hire a competent CA attorney. Otherwise you will lose possession.

Q: Fired for no reason didnt get final check til a year later, can anything be done about that?
Neil Pedersen
Neil Pedersen answered on Dec 7, 2021

There is likely you have no recourse for being fired for no reason. In California you are considered to be employed at will unless there is an agreement to the contrary about that status with the employer. The employer of an at will employee can terminate the employee for any reason or no reason... Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: do you handle lawsuits against the CDCR

I'm filing a case against the CDCR concerning false imprisonment and/or unlawful detainment and falsification of documents and tampering with evidence. If you can help me that would be great.

Dan Moseley
Dan Moseley answered on Nov 22, 2021

Can you provide more information? You do not appear currently to be a prisoner, so what is the nature of the injury for which you seek a remedy? When, where and how did this injury occur?

1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: Can I ask a judge to dismiss a small claims case post-judgment?
Maurice Mandel II
Maurice Mandel II answered on Nov 17, 2021

Yes. Use a form request for dismissal.

1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Civil Rights for California on
Q: My ex made disgusting lies about me in court documents. Not only did he tell egregious lies about me he lied about never

Hitting me. I have police reports that show otherwise. He lied to obtain a restraining order so I can't contact my daughters. It's bad. Can someone please get back to me.

Dale S. Gribow
Dale S. Gribow answered on Nov 15, 2021

you are posting a family law question on a criminal site.

repost on the family law site.

didn't you have a lawyer?

more info is necessary to understand why the judge ruled the way s/he did.

1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: How do I dismiss small claims case post-judgment?

I am a plaintiff in a small claims case and I won a default judgment since the defendant never showed up. The issue is I sued the wrong party. What must I do to have the case dismissed? It has been more than 30 days since I received the Notice of Entry of Judgment.

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2021

You have 2 problems, dismissing the first case and filing a second case against the real party in interest. You can file a form "Request for Dismissal" without prejudice in the first case. Get a copy on the Court's website under "Forms" - State Judicial Council forms. In... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Education Law for California on
Q: Did the recipient of student loans acquired through fraudulent use of my POA break the law?

Quite recently I became aware of my estranged husband using my POA without my knowledge. He opened CC accounts and got my daughter 30K+ in student loans. I have no proof she was aware of its origins, but I believe she knew something because she halted all communication with me at the same time this... Read more »

Jonathon Maddox
Jonathon Maddox answered on Nov 1, 2021

You don't provide complete details on the POA, and whether it was limited, durable, etc. But assuming the POA was still valid, and that it included the power to open accounts on your behalf, then him being estranged doesn't all of a sudden remove the POA.

He would continue to...
Read more »

1 Answer | Asked in Civil Litigation, Construction Law, Real Estate Law and Civil Rights for California on
Q: Can I file a law suit for discrimination, harassment and mental anguish against my home association board members!

The president and other board members of my home association conjured to propose penalties against me. They are prejudicially and selectively isolating and discriminating against me based on my race, creed, and national origin. They conspired to create and to apply fictitious rules and false... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 28, 2021

Sounds like you need a good lawyer.

Start by looking for good civil rights attorneys; there are many good ones between Los Angeles, Ventura and Santa Barbara counties. Do a Google search and then start calling and talking to as many as you can until you find someone who indicates s/he can...
Read more »

2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for California on
Q: I had both my arms broken by the Sheriffs department
Dale S. Gribow
Dale S. Gribow answered on Oct 21, 2021

much more info is needed.

what did you do and what did they do?

were they trying to arrest you and you were resisting?

i personally do not take cases against governmental entities but some lawyers do.

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1 Answer | Asked in Family Law, Personal Injury, Real Estate Law and Civil Litigation for California on
Q: is a reply in opposition to a demurrer on ok caption to oppose a motion to dismiss a first or second amended complaint

does it have to be capital letterS does he have to specify if it is in opposition to first or second emended complaint in the headline caption

Kenneth Sisco
Kenneth Sisco answered on Oct 20, 2021

I assume you are the Plaintiff, representing yourself. The title of your filing will be "Memorandum of Points and Authorities in Opposition to Demurrer." It is not required, but the Demurring Party may file a "Reply to Opposition," five Court days before the hearing. Good luck.

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for California on
Q: My neighbors and I share a backyard they have 3 dogs, and I have 2. Do we need a kennel license?

The property is a house that has been divided into two separate spaces. Half the house is there's and the other half is mine.

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

In most locales, no, but check with the local animal officer who enforces animal protection codes. Assuming you aren't breeding. Or call your local Animal shelter or your vet.

2 Answers | Asked in Employment Law, Civil Litigation and Civil Rights for California on
Q: I was told by an employee that they don't like dealing with people like me. Later they said black people. Do you help?
Neil Pedersen
Neil Pedersen answered on Oct 13, 2021

I am sorry you have had to deal with this. Unfortunately, your post does not clearly tell us whether this is an employee of a company you were a customer of, or if this was a co-worker. The answer would be slightly different for each.

If these comments were by a co-worker or supervisor,...
Read more »

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1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Probate for California on
Q: If I signed a settlement agreement , is it binding or is there any way possible to back out of the agreement?
Neil Anapol
Neil Anapol answered on Oct 13, 2021

Its impossible to answer that question without knowing more about what happened. Is it a settlement with your own insurer or a third party? Is there any way you can claim that you were fraudulently induced to sign the agreement? Was there a mutual mistake of fact that caused you to sign the... Read more »

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