California Civil Litigation Questions & Answers
Q: Can a collection agency file default even after a response was filed w/court and served? Next step? Dismissal?
Vernon Charles Tucker's answer
I would need more information to give you an exact answer. Like how long has it been since you heard something on the case? Are you checking the courts website in regards to the register of actions? Was the default received stamped by the court that you received or was it a mere copy provided by opposing counsel.
I would check the court's register of actions with the case number and see what is going on. If you are sure you filed an answer then there should be no reason you received a...
I would need more information to give you an exact answer. Like how long has it been since you heard something on the case? Are you checking the courts website in regards to the register of actions? Was the default received stamped by the court that you received or was it a mere copy provided by opposing counsel.
I would check the court's register of actions with the case number and see what is going on. If you are sure you filed an answer then there should be no reason you received a...
Q: My landlord has decided he no longer needs to honor our verbal agreement regarding having overnight guest.
1 Answer
| Asked
in
Civil Litigation, Landlord - Tenant, Real Estate Law and Small Claims
for
California
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Thomas A. Grossman's answer
A verbal agreement means nothing. You are fortunate that you were granted 4 years for you and your mother to live in the owner's house. I have already answered this question once. I presume the Landlord owns the house. If so, it is his house and he can give you notice to leave any time he wants. Just like you can leave the house any time you want. Don't blame the landlord for being a good guy and giving you 4 good years. I suggest that you and your mother find another place to live....
A verbal agreement means nothing. You are fortunate that you were granted 4 years for you and your mother to live in the owner's house. I have already answered this question once. I presume the Landlord owns the house. If so, it is his house and he can give you notice to leave any time he wants. Just like you can leave the house any time you want. Don't blame the landlord for being a good guy and giving you 4 good years. I suggest that you and your mother find another place to live....
Q: I have a court case coming up for misdemeanor battery charges. There were no injuries or weapons and I don’t have priors
Dale S. Gribow's answer
To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work and X-rays etc.
I would strongly suggest you write out a detailed summary of the facts including your name, address, email and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your inquiry....
To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work and X-rays etc.
I would strongly suggest you write out a detailed summary of the facts including your name, address, email and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your inquiry....
Q: hi im listing my home and i found out theres a action pending i was in a civil suit on case. and i got no notice of a
Ali Shahrestani, Esq.'s answer
If there's a judgment lien on your home from a lawsuit which you lost, you should have been provided notice of all relevant filings in that lawsuit, from initial filings to the judgment and any lien recorded. Were you? Did you participate in that lawsuit? When did it occur? Time for appealing a lawsuit is typically a short deadline. See: https://www.courts.ca.gov/selfhelp-appeals.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an...
If there's a judgment lien on your home from a lawsuit which you lost, you should have been provided notice of all relevant filings in that lawsuit, from initial filings to the judgment and any lien recorded. Were you? Did you participate in that lawsuit? When did it occur? Time for appealing a lawsuit is typically a short deadline. See: https://www.courts.ca.gov/selfhelp-appeals.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an...
Q: I was told my dog died in the boarding family, and they refused to make compensation. Can I ask them pay for the loss?
1 Answer
| Asked
in
Animal / Dog Law, Civil Litigation and Employment Discrimination
for
California
on
Answered on Jan 29, 2019
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
If you bought the dog, then until you sold the dog to new owners, it can be argued that it was your responsibility to properly vaccinate the dog with the parvo virus and other relevant vaccines. It sounds like the owner and the in-laws were merely boarding the dog for you while you found a new owner. I hear no acceptance of liability by them in your stated facts, nor any contractual relationship that points to any liability by them. Did the sellers tell you that they had vaccinated the dog...
If you bought the dog, then until you sold the dog to new owners, it can be argued that it was your responsibility to properly vaccinate the dog with the parvo virus and other relevant vaccines. It sounds like the owner and the in-laws were merely boarding the dog for you while you found a new owner. I hear no acceptance of liability by them in your stated facts, nor any contractual relationship that points to any liability by them. Did the sellers tell you that they had vaccinated the dog...
Q: Insurance claim on my 2013 nissan altima that was stolen
2 Answers
| Asked
in
Civil Litigation and Insurance Bad Faith
for
California
on
Answered on Jan 29, 2019
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
If you insurer is reviewing the matter, they should let you know when they're going to make a decision re: your claim. They have 40 days to accept or deny your claim from the time
See: http://www.insurance.ca.gov/01-consumers/130-laws-regs-hearings/05-CCR/fair-claims-regs.cf
Which says in part:
"Section 2695.7. Standards for Prompt, Fair and Equitable Settlements
(a) No insurer shall discriminate in its claims settlement practices based upon the claimant's age,...
If you insurer is reviewing the matter, they should let you know when they're going to make a decision re: your claim. They have 40 days to accept or deny your claim from the time
See: http://www.insurance.ca.gov/01-consumers/130-laws-regs-hearings/05-CCR/fair-claims-regs.cf
Which says in part:
"Section 2695.7. Standards for Prompt, Fair and Equitable Settlements
(a) No insurer shall discriminate in its claims settlement practices based upon the claimant's age,...
Q: If my ex’s business license is expired and I notify his vendor is that business intereference in California.
2 Answers
| Asked
in
Civil Litigation and Personal Injury
for
California
on
Answered on Jan 26, 2019
Answered on Jan 26, 2019
Dale S. Gribow's answer
much more info needed.
however, anyone can sue anyone else for anything at any time.
the question is will they win and can one find a lawyer to handle it on a contingency or have enough money to pay a lawyer on an hourly.
if has money for lawyers and you do not then I fear for your prevailing
much more info needed.
however, anyone can sue anyone else for anything at any time.
the question is will they win and can one find a lawyer to handle it on a contingency or have enough money to pay a lawyer on an hourly.
if has money for lawyers and you do not then I fear for your prevailing
Q: I have only a verbal agreement with my landlord whom I rent 2 bedroom from for the last 4 years we have have made
1 Answer
| Asked
in
Civil Litigation, Landlord - Tenant, Real Estate Law and Small Claims
for
California
on
Answered on Jan 24, 2019
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
Are you renting on a month-to-month basis? If he's violating your verbal agreements or written agreements via text, you might have a basis to sue for breach of contract. You might want to have a lawyer review your facts and possibly try to negotiate a resolution with the landlord. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...
Are you renting on a month-to-month basis? If he's violating your verbal agreements or written agreements via text, you might have a basis to sue for breach of contract. You might want to have a lawyer review your facts and possibly try to negotiate a resolution with the landlord. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...
Q: We live in California Sonoma county lawyer asking for double what lien states.
Gerald Barry Dorfman's answer
Generally in California, judgements earn 10% interest per year. Certain costs can be added to judgements as well. If a judgement also provides for attorney fees, those can also be added.
Generally in California, judgements earn 10% interest per year. Certain costs can be added to judgements as well. If a judgement also provides for attorney fees, those can also be added.
Q: Signed lease on 1/10, days later learned they are fumigating building.. why didn't landlord tell me? what are my rights?
1 Answer
| Asked
in
Civil Litigation, Contracts and Landlord - Tenant
for
California
on
Answered on Jan 20, 2019
Answered on Jan 20, 2019
Gerald Barry Dorfman's answer
If,as you suspect, the landlord knew this fumigation was going to occur, it could very well qualify as a "material fact" which should have been disclosed to you at the time. If you would not have signed the lease had you been informed of this fact, then you should be able to get out of this transaction, and possibly be awarded damages.
If,as you suspect, the landlord knew this fumigation was going to occur, it could very well qualify as a "material fact" which should have been disclosed to you at the time. If you would not have signed the lease had you been informed of this fact, then you should be able to get out of this transaction, and possibly be awarded damages.
Q: A truck was abandoned on my property, can I put a mechanics lien on it?
1 Answer
| Asked
in
Real Estate Law, Civil Litigation and Land Use & Zoning
for
California
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
You can report this to the police, who may in turn have it cited and towed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
You can report this to the police, who may in turn have it cited and towed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
Q: Is the city responsible for property damage caused by limbs falling from the city trees? After a limb falling on my car.
1 Answer
| Asked
in
Agricultural Law, Civil Litigation, Environmental and Gov & Administrative Law
for
California
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
The property owner (be that the city or a private owner) may be liable if the limbs fell due to improper maintenance. You can report this to your car or home insurance for them to pursue against the owner of the property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
The property owner (be that the city or a private owner) may be liable if the limbs fell due to improper maintenance. You can report this to your car or home insurance for them to pursue against the owner of the property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
Q: What to do with neighbor playing loud music?
2 Answers
| Asked
in
Civil Litigation, Criminal Law and Constitutional Law
for
California
on
Answered on Jan 13, 2019
Answered on Jan 13, 2019
Dale S. Gribow's answer
YOU ALREADY KNOW YOUR OPTIONS
TALK TO THEM; CALL LANDLORD, CALL THE POLICE.
IT IS ALWAYS BEST TO TRY TO BE NEIGHBORLY AND TALK TO THEM IN A PROFESSIONAL MANNER........MAYBE EXPLAINING THAT WE ALL LIVE SO CLOSE TO ONE ANOTHER WE HAVE TO GO OUT OF OUR WAY TO BE CONSIDERATE............AND THEN EXPLAIN THE SITUATION.
YOU ALREADY KNOW YOUR OPTIONS
TALK TO THEM; CALL LANDLORD, CALL THE POLICE.
IT IS ALWAYS BEST TO TRY TO BE NEIGHBORLY AND TALK TO THEM IN A PROFESSIONAL MANNER........MAYBE EXPLAINING THAT WE ALL LIVE SO CLOSE TO ONE ANOTHER WE HAVE TO GO OUT OF OUR WAY TO BE CONSIDERATE............AND THEN EXPLAIN THE SITUATION.
Q: What kind of attorney do i need? If a well known Hotel throw all of my belongings including my sons ashes in the trash.
2 Answers
| Asked
in
Personal Injury, Civil Litigation and Civil Rights
for
California
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Steven McNicholl's answer
It will depend on the amount of damages you wish to claim. In California, if you claim damages of less than $10,000 you will likely be in small claims court. There are attorney's that help with small claims court cases. If you claim an amount greater than that you would need a civil attorney to assist you.
It will depend on the amount of damages you wish to claim. In California, if you claim damages of less than $10,000 you will likely be in small claims court. There are attorney's that help with small claims court cases. If you claim an amount greater than that you would need a civil attorney to assist you.
Q: If two brothers want to sue their sister over damages while sister impersonated the executor of the estate. 7500 each?
1 Answer
| Asked
in
Civil Litigation, Contracts and Real Estate Law
for
California
on
Answered on Jan 8, 2019
Answered on Jan 8, 2019
Vernon Charles Tucker's answer
You can only file up to $10,000.00 in small claims now. So, to answer your question you would probably have to file separate actions in small claims, but you may want to consider Superior Court and you could then bring both your actions in one lawsuit in limited civil. Obviously, Superior Court is more expensive to file and there are more formal rules that have to be followed, but at least you would be bringing the claim all at once in one action. Good Luck to you!
You can only file up to $10,000.00 in small claims now. So, to answer your question you would probably have to file separate actions in small claims, but you may want to consider Superior Court and you could then bring both your actions in one lawsuit in limited civil. Obviously, Superior Court is more expensive to file and there are more formal rules that have to be followed, but at least you would be bringing the claim all at once in one action. Good Luck to you!
Q: Can two plaintiffs sue a sibling for max of 7,500 each within one small claims lawsuit case? total of 15,000
William John Light's answer
If they are different claims, you can. If it's the same claim and they are jointly liable, then you can't.
If they are different claims, you can. If it's the same claim and they are jointly liable, then you can't.
Q: What is the Statute of Limitations timeframe regarding a fence dispute between neighbors?
Ali Shahrestani, Esq.'s answer
See: http://www.courts.ca.gov/9618.htm. Given the statutes of limitations that may be applicable re: property matters, contractual matters, and related torts, you are best advised to move quickly to seek legal counsel. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
See: http://www.courts.ca.gov/9618.htm. Given the statutes of limitations that may be applicable re: property matters, contractual matters, and related torts, you are best advised to move quickly to seek legal counsel. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
Q: If a suicide note states that everything is to be given to a specified non-relative, can it be contested?
3 Answers
| Asked
in
Estate Planning, Family Law, Civil Litigation and Civil Rights
for
California
on
Answered on Jan 3, 2019
Answered on Jan 3, 2019
Genene N. Dunn's answer
A suicide can serve as a holographic will depending on the context of the note itself. I have had 2 suicide notes that have been held up as valid wills. Unfortunately your husband's rights will most likely be limited as long as he is alive as his parents are still considered his heirs. It all depends on what the notes say but your husband might not have a right to see them as long as he is alive. The parents have some rights as heirs, but that might change depending on if the note is a valid...
A suicide can serve as a holographic will depending on the context of the note itself. I have had 2 suicide notes that have been held up as valid wills. Unfortunately your husband's rights will most likely be limited as long as he is alive as his parents are still considered his heirs. It all depends on what the notes say but your husband might not have a right to see them as long as he is alive. The parents have some rights as heirs, but that might change depending on if the note is a valid...
Q: I rear ended someone on april 1, 2019. They are suing me and the damages are over my policy limits.
Dale S. Gribow's answer
more info needed.
usually, when the party at fault does not have insurance and assets the injured party will present an underinsured motorist claim against their ins policy.
you are asking a tax question in a criminal forum. My gut feeling is you would not have exposure but the question should be presented to a tax lawyer in your area.
more info needed.
usually, when the party at fault does not have insurance and assets the injured party will present an underinsured motorist claim against their ins policy.
you are asking a tax question in a criminal forum. My gut feeling is you would not have exposure but the question should be presented to a tax lawyer in your area.
Q: Can I object to part of a request for production of documents on grounds that demanding party already has access?
Richard Samuel Price's answer
Are you representing yourself in this matter? Yes, you can object that the documents are public record which are equally available to, or in the possession of, the asking party.
Are you representing yourself in this matter? Yes, you can object that the documents are public record which are equally available to, or in the possession of, the asking party.
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