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California Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for California on
Q: IS THERE A "PREVAILING PARTY" IF THE PLAINTIFF DISMISSES OR WITHDRAWS A CASE AFTER 3 YEARS OF LITIGATION?

IS THERE A "PREVAILING PARTY" IF THE PLAINTIFF DISMISSES OR WITHDRAWS A CASE AFTER 3 YEARS OF LITIGATION?

WILL THE PLAINTIFF SOMEHOW BE ORDERED TO PAY ALL THE COSTS OF LITIGATING OVER THE LAST 3 YEARS FOR THE DEFENSE

IF THE PLAINTIFF DISMISSES THE CASE OR JUST DROPS... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Yes, and if you are the plaintiff and unilaterally dismiss, you are NOT the prevailing party.

1 Answer | Asked in Personal Injury and Civil Litigation for California on
Q: How can we, as plaintiffs, who have to stop litigating not end up responsible for the defense costs? didn't know this

How can we, as plaintiffs, who have to stop litigating not end up responsible for the defense costs? We never even realized this was a possibility when we sued. We sued for a very good reason, but for several reasons, we cannot continue this lawsuit any longer (it has been 3 years). Really would... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

First, don't tell the defense you have to stop litigating. You need to settle and get mutual releases. You should discuss with your attorney.

1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for California on
Q: Can a gas station owner tow a vehicle that is broke down after being told you were going to autozone to get the part

And agrees to give you until that afternoon. But as soon as you leave to get the part he tows the vehicle

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Unless the gas station owner was the government, this is not "Civil Rights". Sounds like you have the perfect case for Small Claims. Take all the receipts for paying to get your car out.

1 Answer | Asked in Civil Litigation for California on
Q: How to not pay defense attorney fees as a plaintiff when dismissing a case.

If you are a plaintiff and dismiss your case years into litigation, but before a trial, is there a way to not be responsible for the defendant's attorney fees (aside from the defense agreeing to this)?

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

First, in the US we do not have a rule that the loser pays fees in ALL cases, only in SOME cases. Like if you have a contract provision that allows for attorney's fees. Or if you are suing under a law that also allows for attorney's fees- like for wages, or age discrimination. So you... Read more »

3 Answers | Asked in Bankruptcy, Personal Injury and Civil Litigation for California on
Q: WE'RE PLAINTIFFS IN CIVIL SUPERIOR CASE X 3 YRS AND WANT TO STOP CASE, HOW DO WE MAKE SURE WE WON'T PAY ANYDEFENSE FEES?

We need help with how we should word the motion filed to withdraw vs dismiss or what to call it? What is the best way to go about doing this to be 100% sure we are not responsible for the defendant's attorney fees and can the defense come back and try to sue us after we either withdraw or... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 18, 2021

you really want to have an attorney contact them to try to get some money and then when they say no, to ask if I can get them to drop/dismiss the case, we would want a release agreeing that each side shall bear their own costs.

if they know you are going to give in, then they may not agree...
Read more »

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1 Answer | Asked in Family Law and Civil Litigation for California on
Q: Do I have to go to a deposition that was not subpoena by the court? I receive a request for a deposition.
Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

Not all depositions require a subpoena. If you are a party to a court action, civil, family law, probate, you can be required to go to a deposition upon service on you or your attorney of a "notice of taking deposition." Look in the Code of Civil Procedure- Civil Discovery Act- depositions.

1 Answer | Asked in Family Law and Civil Litigation for California on
Q: Do I need a lawyer for a deposition?
Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

Technically, no, but if you don't have one, who is going to raise the legal objections to questions that you are asked that are not proper? Only a very naïve person would think that answering questions at a deposition is easy, it is not, they can ask you the same question a dozen different... Read more »

1 Answer | Asked in Civil Litigation, Legal Malpractice and Libel & Slander for California on
Q: Can a pro se litigant get sanctions against a Plaintiff that keeps filing frivolous motions etc?
Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Usually "sanctions" mean your attorney fees. So, not unless there are particularly unusual circumstances. Perhaps you should contact a local attorney to discuss your personal situation.

1 Answer | Asked in Civil Litigation and Mergers & Acquisitions for California on
Q: Is my mother in law allowed to be in my house when her son is at work and it's just me and my kids when she's yelling me

I called and talk to the police department and she can be Danny my husband mom what will not leave our house but if Danny goes to work is she still allowed to be in my house if he's not there and it's just me,and my kids I don't know what to do

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

You can obtain a Civil Restraining Order re: Harassment against her and apply for an order from a judge to keep her out of the house. In my opinion, you should contact a local attorney to discuss your personal situation.

1 Answer | Asked in Civil Litigation for California on
Q: HOW TO SET ASIDE A UDD JUDGEMENT ,THAT WEAS FILED IN SMALL CLAIMS COURT APRIL 2027 BAKERSFIELD CA
Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Your question is about setting aside a 2017 Unlawful detainer judgment in court, but you don't indicate if this was for possession or money, I assume money because if it was evicting you, this would have come to your attention before this. Assuming that the judgment was entered by default and... Read more »

3 Answers | Asked in Employment Law, Civil Litigation and Civil Rights for California on
Q: How do I request an exemption?

My employer has switched from voluntary to mandatory vaccination offering religious/medical exemptions.

Maya L. Serkova
Maya L. Serkova answered on Sep 6, 2021

If you plan on requesting a medical exemption, you need to show your employer the doctor's note with restrictions related to your condition. Your employer will need to work with you to accommodate your restrictions. The exemption is not automatic in the sense that just because you request it,... Read more »

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1 Answer | Asked in Criminal Law and Civil Litigation for California on
Q: I purchased a truck 2weeks later it was reposed the title was still in the sellers name the police said it was repossesd

Due to non payment on a title loan traded my car &1500 cashfor the truck .I don't have any transportation he has my car and money ,how do I make this right

Dale S. Gribow
Dale S. Gribow answered on Sep 4, 2021

if the seller is not going to be a stand-up guy, you may have to sue in small claims court.

i would recommend writing a demand letter to him setting forth ALL the facts and then when he does not respond, sue in small claims and attach the letter as an exhibit.

1 Answer | Asked in Personal Injury, Products Liability and Civil Litigation for California on
Q: Do I have to serve all copies of court papers through defendants registered agent in California
Theodore Allan Greene
Theodore Allan Greene answered on Sep 1, 2021

You need to serve the initial papers on the registered agent and then what usually happens is they appoint an attorney to handle the matter. From there forward you would serve all your documents on the attorney representing the Corporation or LLC.

1 Answer | Asked in Real Estate Law, Civil Litigation and Legal Malpractice for California on
Q: Judge “reconsidered my case but my attorney never responded or even told me, I found it on my own Fresno county Odyssey

This was a property ownership dispute & it went to court as a eviction but my attorney made several mistakes & the judge told her right there in court in front of me, I assumed she knew what to do & she said “I got this” to me but dropped the ball & me when I found the docs on... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 31, 2021

more info is needed.

however, it would make sense to contact a possible legal malpractice attorney in your area to see if it was indeed malpractice.

if it is too small for them you can always sue in small claims court for up to $10k............and you can contact the State Bar.

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Small Claims for California on
Q: I did some concrete work for a contractor and he says the home owner is refusing to pay. How do I get my money ?

Contractor says I need to file a lien on the homeowner but I’m not sure who is responsible when generally I’d be paid by the contractor.

James A. Greer
James A. Greer answered on Aug 27, 2021

Dear Unpaid Subcontractor: Your options for getting paid are two-fold: (A) a breach of contract claim against the General Contractor and/or (B) a mechanic's lien processing against the Homeowner. Clearly, you are not "required" to pursue the Homeowner (as intimated by the GC)... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: How can I legally get my car from my sister in another state?

Loaned a vehicle under the premise she was going to pay me for it.

Yelena Gurevich
Yelena Gurevich answered on Aug 25, 2021

You will likely need to hire a lawyer in the state your sister lives in and sue her.

1 Answer | Asked in Criminal Law and Civil Litigation for California on
Q: If someone in the UK recorded someone in the US without their knowledge or consent then which country handles it?

The individual in question has the video saved as proof and has already reached out to ask the person in question to take the video down. they have refused

Dale S. Gribow
Dale S. Gribow answered on Aug 22, 2021

more info is needed.

i am assuming you are in the US. Make an appointment with a local lawyer to inquire whether there is a case worth pursuing?

what are you damages?

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for California on
Q: Can A temporary Guardian of my child Up and move out of the county in CA without telling me ?

This guardianship is completely unjust, it has been done behind my back when i asked my sister for help she agreed no court involvement, signed the notarized document in a green ink. She involved the courts without informing me nor having me served, she hasnt let me see my kids in a year and hasnt... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 17, 2021

You need a family law lawyer right away to help you enforce your parental rights. Search for a female attorney with expertise in family law, guardianships and conservatorships. You can go to your local county bar association and ask for their lawyer referral service to help you find the right... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: I live in Los Angeles. Can I get a lawyer who does Pro Bono in criminal Law? I was falsely arrested for selling drugs
Louis George Fazzi
Louis George Fazzi answered on Aug 9, 2021

All you have to do is ask the court to appoint a lawyer for you. If you can't afford a lawyer, you are entitled to a public defender. You should have been told that at the time you were arrested. Most public defenders are dedicated and hard working and usually provide solid legal advice. When... Read more »

2 Answers | Asked in Civil Litigation, Legal Malpractice and Medical Malpractice for California on
Q: Does this expert opinion have any evidentiary value?

It is my opinion that Dr.D treated the patient within the standard of care at all times.Dr.properly and within the standard of care recommended and performed a series of injections in knee. Dr.D properly consented to the knee injections (but the informed consent form with the client's... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 8, 2021

A California attorney could advise best, but your question remains open for two weeks. As a general impression, I do not see it as being strongly persuasive. It uses the terms that arise in malpractice defense, such as standard of care. But some might see it as coming across as boilerplate-like in... Read more »

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