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California Civil Litigation Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Criminal Law for California on
Q: Can a dealership sell a motorcycle on consignment that has an invalid, or voided, title?

I purchased a used motorcycle with cash from a dealership who claimed they were selling it on consignment. They gave me a title that had signatures already on it (as if it wasn't ever transfered last time it was sold) and the keys. I figured as long as i have the title im good but When I went... Read more »

Leon Bayer
Leon Bayer
answered on Jun 28, 2022

Yep. You got scammed. I suggest you tell the dealership that they have 24 hours to refund your money or else you will file a complaint against their dealership license with the State of California. In addition to filing the complaint, you can also file against the dealer in the local small claims... Read more »

2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: A girl I saved caused me to lose my job.

I called the police numerous times trying to save a girl’s life but she denied it (falsely), which resulted in my getting put on a 5150 hold by the police. I came out of the mental hospital distracted from work which resulted in my getting let go. Will I be able to successfully sue this girl for... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 25, 2022

no lawyer, in my opinion, can evaluate the facts like these, without a consultation.

if you can't find a lawyer, and I assume that is the case, you can always go into small claims court where you can sue for up to $10k without a lawyer.

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1 Answer | Asked in Civil Litigation and Collections for California on
Q: I won a judgment in small claims court several years ago but the other party will not pay

I have sent several letters and called many times and the other party, which is a tow truck company, still has not paid. They were served properly by a sheriff's deputy but they failed to appear on our court date, so the judge awarded me the judgment which seems impossible to collect. How do I... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 22, 2022

The good news is that your judgement keeps earning interest while it remains uncollected. The bad news is that collection is up to you, and is not a subject which can be easily answered in a simple question and answer forum. There are attorneys who specialize in collections, and typically charge... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Gov & Administrative Law for California on
Q: amount awarded for attorneys fees under inverse condemnation

“Attorneys fees for inverse condemnation” was awarded based on real and personal property. Should attorney be including this portion of the award on what their contingency fee is calculated on? As it was awarded to help pay the attorneys to begin with, it seems it should not be included in the... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 22, 2022

everything is determined/controlled by your retainer agreement.

for 50 years, mine has said ANY MONEY COLLECTED, which could include Property Damage. However, I do not take any of that, even when we work hard to obtain same.

1 Answer | Asked in Civil Litigation for California on
Q: How can I find a business litigation attorney on contingency please?

Defendant default on 1.3 million dollars loan, also owe over 1 million dollars in fees and expenses for services received

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 22, 2022

What type of business litigation matter is it?

1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: Me and my 14 yr been subpoena to testify what are my right as her parent

And what if I'm concerned about my family safety

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 13, 2022

Is this a subpoena to testify at trial or by deposition? Either way as her parent, you are absolutely entitled to be present during her questioning. My suggestion would be to hire an attorney to represent you in the matter, so the attorney can make appropriate objections to questions being asked... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: The people of my county are struggling with our local government's participation in corruption, malicious prosecution

Our small town is apart of a county that has a history of embezzlement, tax fraud, police corruption and stalking/harassment and various other crimes. There are a number of people who are interested in a class action lawsuit and at the very least an avenue of protection from our local government.... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Jun 7, 2022

You need to find a law firm that can handle such claims. You can use Google to conduct a search. Or, you can go to the Los Angeles County Bar Association's website (LACBA.org) and use their Lawyer Referral Service, which is an excellent source. You will need to prepare a packet of information,... Read more »

1 Answer | Asked in Civil Litigation and Probate for California on
Q: in california probate court a document examiner has misspelled words in their report as well as typed the wrong case

number on the report. can this be used to discredit the document examiners competence for court trial? the examiner was hired by opposing party under their direction to state that a signature does not match. but their are two witnesses to the will that verified that the decedent signed the will.

Howard E. Kane
PREMIUM
Howard E. Kane
answered on Jun 3, 2022

I suspect that if the document examiner is not competent, then the court would have figured that out beforehand and they would have been fired. However, if you wish to challenge their opinion by establishing that the document examiner did not take time to properly evaluate the matter, then the... Read more »

2 Answers | Asked in Civil Litigation, Employment Law and Civil Rights for California on
Q: Should previous employer keep using my personal information?

I was laid off from my job in 2020, and they are still using my personal information name etc to do shipments. Is that identity theft? They shouldn't be using any of my information since they laid me off

Neil Pedersen
Neil Pedersen
answered on Jun 1, 2022

No, your former employer should not be using your name after your have left the company. While it is not identity theft, it is unlawful use of your name and likeness. The first step should be to present a writing to the company asking that they cease the practice. If that does not work, locate... Read more »

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1 Answer | Asked in Animal / Dog Law and Civil Litigation for California on
Q: I won my civil case, what's next?

So after the judge made his judgement. He said my ex had until the end of the month to return my dog. What happen is she doesn't return my dog or what steps can i take to enforce the judgement?

Dan Rowan Cortright
Dan Rowan Cortright
answered on May 20, 2022

If she does not return your dog, you may apply to the court for an order of contempt (i.e. that she did not comply with the court's order) and serve it on her. There will be additional legal penalties imposed on her for doing so.

1 Answer | Asked in Civil Litigation and Libel & Slander for California on
Q: Can a person be sue someone for defamation of caretor if they send you pictures of your son dead & call u a killer.
John Karas
John Karas
answered on May 11, 2022

It depends. If pictures of your dead son and message that you're a "killer" were only sent to you, that's not defamation unless it was "published" (sent to other persons). Also, be aware that if you display or otherwise disseminate the pictures and message to someone... Read more »

2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: I am owed money by someone getting a settlement. Is there a way I can confirm this person is getting that settlement?

I was devastated by someone claiming that she will right everything when she receives a substantial settlement coming to her. For one thing, she borrowed money from me claiming that she will pay me back double in a quick amount of time…I have proof of this contract. A great deal of time has... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on May 6, 2022

If you sue her for Breach of Contract you can then ask her questions in "discovery" to try and find out her financial position. You could then take her deposition and ask further questions. Talk to an attorney to see how viable your case might be.

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1 Answer | Asked in Civil Litigation for California on
Q: I was served summons on civil suit but plaintiff has amended complaint

I have not been served the amended complaint so do I respond to original complaint or amended complaint which I downloaded from court website?

Do I get more time to respond?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 30, 2022

You have 30 days (if served by hand) to respond to the complaint. If an amended complaint was filed, you have 30 days from the date of service of that document. But if no amended complaint was served on you yet, you can always call/email the attorney for plaintiff and ask for service of the... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: If the plaintiff in a case decides to use an attorney, are they legally required to inform the court?

The plaintiff in my case has been ProPer since filing. At the deposition he brought an attorney who was directing the questioning. There is no attorney on record. Had I known the plaintiff had a lawyer I would have hired one for the deposition.

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 29, 2022

Yes, once a party representing themself hires an attorney, their attorney must file a Substitution of Attorney with the court and send that to all parties in the case. This party may have been sneaky and filed the Substitution with the court right before the deposition and claimed that it had not... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for California on
Q: Can a person that is part of a class action lawsuit against me also collect on a judgement for the same case?
Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 27, 2022

Only if that person has opted out of the class can they collect a separate judgment against you for the same claim. If their claim is different, they may be entitled to a judgment for those other claims.

2 Answers | Asked in Civil Litigation, Copyright, Insurance Bad Faith and Personal Injury for California on
Q: What if I haven't got my mail an important documents that I never received and effected my life
Dale S. Gribow
Dale S. Gribow
answered on Apr 27, 2022

MUCH MORE INFO NEEDED.

DID THE POST OFFICE SCREW UP OR SENDER?

DID THE DOCUMENTS GET MIXED UP INSIDE OTHER MAIL YOU WERE THROWING OUT.

I JUST WENT THROUGH THIS TOO.

I WOULD GO TO THE POST OFFICE TO HAVE THEM LOOK INTO IT.

WE SENT OUT INVITATIONS TO AN EVENT,...
Read more »

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1 Answer | Asked in Civil Litigation and Collections for California on
Q: If it says "Invalid Proof of Service" on the court website, can I ignore the lawsuit? 3rd party debt collector suing me.

.

Yelena Gurevich
Yelena Gurevich
answered on Apr 26, 2022

What happens when they file another proof of service (whether or not you actually received proper service) and the court accepts it as valid service, and they obtain a default judgment against you, and start garnishing your bank accounts or pay checks?

Ignoring a lawsuit against you is...
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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: Kohl's Loss Prevention attacked me a mile from the store,

I was trying on Clothes in the boys Fitting Room at Kohl's Department Stores, because I am a Male. That is where Monica Diaz a female loss prevention officer was watching me dress y located in Huntington Beach, Ca. I walked in the store with nothing and walked out with nothing however a mile... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 26, 2022

It sounds like you may a good civil suit for negligence…. Call a local PI lawyer.

If it is a good case they will take on a contingency.

1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Small Claims for California on
Q: Hello. I wanted to know if I have a case or a changing of winning a case?

So, I loaned my ex boyfriend $4500 back in October 2021 and he promised he would pay me back monthly but has not. He has made false promises(I have text messages) month after month that he would pay me but then he doesn't. This has screwed up my credit and put a financial burden on me. The... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 26, 2022

Consider small claims court where you may represent yourself.

2 Answers | Asked in Bankruptcy, Contracts, Civil Litigation and Collections for California on
Q: In California, when a judgment goes beyond 10 years, does it still accrue interest?

Is a CA. judgment debt from an eviction still owed, even if it is past the statue of limitations? Does a judgment of type stand forever until paid?

Theodore Allan Greene
Theodore Allan Greene
answered on Apr 25, 2022

If you have a judgement it's usually for 10 years. You can then re-new for 10 more years but have to pro actively deal with it. It's not automatic. You used the term statute of limitations which is something completely different. You should sit down with an attorney and get some help so... Read more »

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