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California Civil Litigation Questions & Answers
2 Answers | Asked in Civil Rights, Civil Litigation and Personal Injury for California on
Q: Discovered hidden tracking device on e-bike; seeking legal action for unauthorized surveillance in CA.

I discovered a hidden tracking device inside my e-bike battery compartment that was used to monitor my location without my consent. I have physical possession of the device, documented evidence, and I know who installed it. I reported the incident to the police, but no significant actions have been... View More

Louis George Fazzi
Louis George Fazzi
answered on Mar 6, 2025

What you are describing is a civil action, so it is not surprising that the police would take no action on your behalf. The police are charged with enforcing the criminal laws, not the civil laws. To protect your rights, you should find a civil rights lawyer in your area. Unlawful surveillance such... View More

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3 Answers | Asked in Civil Rights, Civil Litigation, Personal Injury and Medical Malpractice for California on
Q: Can I file a lawsuit for a wrongful involuntary psych hold in CA?

I was placed on an involuntary psychiatric hold from 2/27/25 to 3/3/25 due to a psychiatric nurse's falsified statement claiming I attempted an overdose on hypertension medication I don't own and was not suicidal. I was unaware of the hold until the next morning when an ambulance arrived... View More

Louis George Fazzi
Louis George Fazzi
answered on Mar 5, 2025

You may have a claim for false imprisonment and/or other charges. I suggest you contact a lawyer who handles civil rights cases as soon as you can.

Now, you can prepare a chronological summary of everything that happened to you, naming all the witnesses and their knowledge. Also, keep all...
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2 Answers | Asked in Civil Litigation, Personal Injury and Juvenile Law for California on
Q: Tesla damaged by VEO bike; daughter coerced into admitting responsibility. Next steps?

My 17-year-old daughter accidentally knocked over a VEO bike while falling off her bicycle, which subsequently damaged a Tesla. The Tesla owner, who was inside the car, intimidated my daughter into texting him and taking responsibility for the damage, making her feel bullied. After the incident, I... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Mar 4, 2025

Didn't directly hit the Tesla? She set it in motion so she is liable... whether she admitted liability or not. I would expect a typical driver to be rude after receiving a call like yours. You're refusing to take responsibility for your daughter's negligence that resulted in... View More

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3 Answers | Asked in Personal Injury, Wrongful Death and Civil Litigation for California on
Q: Can CHP be liable for not conducting blood test in fatal accident?

I tragically lost my husband due to a driver who claimed he fell asleep at the wheel last August. Unfortunately, the California Highway Patrol (CHP) hasn't finalized the accident report even after six months. No charges have been filed against the driver, though he has a prior accident from... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Mar 4, 2025

WHY IS THE REPORT TAKING SO LONG?

Accident reports involving injury are often completed by the end of the work shift. But it's common for accident reports involving fatal accidents to take 4-months or more to complete. In fact, some reports (involving unknown drivers) may never be...
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3 Answers | Asked in Personal Injury, Wrongful Death and Civil Litigation for California on
Q: Can CHP be liable for not conducting blood test in fatal accident?

I tragically lost my husband due to a driver who claimed he fell asleep at the wheel last August. Unfortunately, the California Highway Patrol (CHP) hasn't finalized the accident report even after six months. No charges have been filed against the driver, though he has a prior accident from... View More

David W Gammill
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answered on Mar 3, 2025

I’m very sorry for your loss, but No. Generally speaking the police are immune from lawsuits for being bad/lazy/incompetent at their investigative jobs.

Perhaps the driver’s employer could have liability or the state for the condition of the road.

Under no circumstances should...
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2 Answers | Asked in Child Support, Civil Litigation and Consumer Law for California on
Q: Can we pursue fraud charges against bio mom for misusing child support?

I have had legal guardianship over a child for the past four years. During this time, the biological mother received $2,000 a month in child support from the father, as per a court order. However, the child has not lived with her, and she falsely claimed she did not receive support from the father.... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 3, 2025

This is PURE speculation but, as described, this person almost assuredly has no money, so, getting it from her is unlikely. That said, stealing child support 'feels' punishable by prison? Again NOT even close to being sure. Perhaps you should speak to family services???

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2 Answers | Asked in Car Accidents, Civil Litigation, Civil Rights and Personal Injury for California on
Q: Can I sue the San Diego police for a faulty accident report blaming us?

I was in a car accident with my parents in San Diego, and the police report, completed 3.5 months later, incorrectly blamed my boyfriend for the accident. The report also failed to list a third person in the car, who I suspect has connections to local authorities. I haven't taken formal steps... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Mar 3, 2025

This question is asked all the time on this forum because everyone blames the other driver... so this is a common issue. Police departments are generally immune from lawsuits for writing "faulty reports". No assist from the DA. Case closed. Why did the police blame your bf? You can take... View More

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2 Answers | Asked in Civil Litigation for California on
Q: Seeking guidance on proceeding with a pending civil case filed in 2019, confirmed active but not closed.

I have a civil case that was filed in May 2019, which I believed was closed until I recently discovered it's still pending. I don't currently have an attorney and have confirmed the case status with the court. There have been some actions taken, but to my knowledge, no rulings have been... View More

Robert Kane
Robert Kane
answered on Mar 1, 2025

Actually, JA's AI's response isn't total gibberish. Quite simply and in more human terms, you haven't provided near enough specific information to provide any meaningful guidance other than to consult with an attorney. A "pending civil case" could deal with an... View More

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3 Answers | Asked in Personal Injury, Civil Litigation and Domestic Violence for California on
Q: Legal action for contracting STDs from partner aware of risk

I recently resumed a relationship with my partner, during which time he was involved with another woman. She later informed me that she has STDs and intended for him to contract them, knowing he might return to me. I have ordered testing for myself and am experiencing symptoms, suggesting I may... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 27, 2025

You may have a claim against the ex... but I don't think the woman has any legal "duty" to you... which is a necessary element for a personal injury claim. Duty can be established by a special relationship... which clearly exists between the ex... and the woman. But your special... View More

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3 Answers | Asked in Personal Injury, Civil Litigation and Domestic Violence for California on
Q: Legal action for contracting STDs from partner aware of risk

I recently resumed a relationship with my partner, during which time he was involved with another woman. She later informed me that she has STDs and intended for him to contract them, knowing he might return to me. I have ordered testing for myself and am experiencing symptoms, suggesting I may... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Feb 27, 2025

You might be able to sue him if he was aware of what he had knowing he might transmit it to you. State laws vary so you should contact a personal injury attorney in your state to discuss. In California we have handled similar type cases but if you are in another state the laws might be different.... View More

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2 Answers | Asked in Car Accidents, Contracts and Civil Litigation for California on
Q: Settlement delay after automobile accident case in California.

I won a settlement from my automobile accident injury case, and it's been 6 weeks without receiving my settlement check. My lawyer initially told me over the phone it would take 3 to 4 weeks, but I haven't received any updates. I was informed that the delay is due to the liens department... View More

William John Light
William John Light
answered on Feb 26, 2025

Yes, its normal. The chance that another another will want to take over now is almost 0%, unless you want to pay an hourly fee, which would almost certainly be prohibitively expensive. There are no steps you can take. This is in the hands of the companies asserting the liens and medical billing... View More

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3 Answers | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Contracts for California on
Q: Seeking guidance on personal injury tort case in California, self-represented.

I am representing myself in a personal injury tort case due to inability to find counsel. My complaint includes causes of action such as harassment, implied warranty of habitability, utility shut offs, malicious prosecution, breach of contract, and conversion of personal property. I've drafted... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 25, 2025

Personal Injury (PI) attorneys work on a contingency fee basis, which means they only get paid if they win your case. Kind of similar to a Realtor who only gets paid if they sell your house. So, if you had a strong PI case, with a $4mil. valuation... AND puni's, against a financially strong... View More

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2 Answers | Asked in Adoption, Child Custody and Civil Litigation for California on
Q: Can I request mandatory visitation if consenting to son's adoption in CA?

My child's mother has requested my consent for her spouse to adopt my son in California. My son was unlawfully taken by her from Nevada, and she successfully petitioned for full custody in California. Attempts to contact her over the years were ignored. They have filed an adoption petition,... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 21, 2025

You are either consenting to the adoption or you are not. Once the child is adopted by the step-Dad, you will lose your parental rights and lose your right to make any demands including for visitation. If you don't want that to happen then you should contest the adoption. In some... View More

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3 Answers | Asked in Contracts, Business Law and Civil Litigation for California on
Q: How can I find an attorney who works on contingency basis for business litigation case?

I need help filing a business lawsuit in San Francisco Superior Court but as a low income individual cannot afford an attorney who charges full sum of representation upfront. Where can I find an attorney who works on contingency basis?

Robert Kane
Robert Kane
answered on Feb 21, 2025

Quite simply, you will need to contact attorneys until you find one willing to represent you on a contingency basis. This will be challenging. Law firms do not gamble. It will need to be a sure thing with the settlement/judgment paid immediately upon resolution. This will be based on the law... View More

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2 Answers | Asked in Contracts, Civil Litigation and Criminal Law for California on
Q: How to protect myself if someone falsely claims I stole millions given as a gift?

I had an agreement with someone who provided me financial support, amounting to millions of dollars, as a gift without any conditions attached. I've decided to stop communicating with him, and I have informed him of this decision in writing. Now he is threatening to go to the police, claiming... View More

Bart Kaspero
Bart Kaspero
answered on Feb 20, 2025

The quick/short answer is Forensics. Records will be key to battling this accusation and you must prepare yourself for whats coming around the corner. This will also help you if there are any secondary reporting issues (taxes) if a regulatory agency will be motivated to look more closely into the... View More

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2 Answers | Asked in Appeals / Appellate Law and Civil Litigation for California on
Q: Can lawyers help with my $10,000,000 award claim denied by SCOTUS for being out-of-time?

I have a case (No. 24-1362) concerning a $10,000,000.00 award certificate. The Supreme Court of the United States declined to review my petition because it was "out-of-time." Can a law firm or lawyer still assist me in pursuing my claim for the award amount? What steps can I take next?

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2025

If the timeliness issue involves a statute of limitations or other procedural law filing lapse, that could make finding representation difficult, as those cases could present limited grounds to challenge. But every case can be fact specific. Attorneys here can't respond to you with offers of... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Personal Injury for California on
Q: Verbal lease eviction for apartment caretaker in CA, refusal to vacate, property threats.

I left someone in charge of my apartment for 13 months under a verbal agreement that she wouldn't pay rent but would collect rent from my occupants, deposit it into my bank, and I'd handle rent payments online. I informed her on January 4, 2025, that I was returning in February and that... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 14, 2025

This topic came up under personal injury. Please note... this matter involves Landlord Tenant law. I would not try this yourself. If your tenant was cooperative then it would be fine, but you are going to have problems. Hire an unlawful detainer lawyer. I don't work in this area of law but I... View More

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2 Answers | Asked in Car Accidents, Civil Rights, Civil Litigation and Personal Injury for California on
Q: Seeking legal action and support after fatal accident in CA

On August 1, 2023, I was involved in an accident in which both of my parents tragically died. The police did not take my statement, prevented me from going to the hospital to see my mom (who passed just before I got there), did not conduct a sobriety test on the other driver, and gave an incorrect... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 14, 2025

Police make mistakes all the time. If the law allowed police departments to be sued every time they made a mistake, it would bankrupt a city. So what does the government do to protect themselves from bankruptcy? They pass laws that provide immunities that protect police departments from lawsuits... View More

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2 Answers | Asked in Banking, Insurance Bad Faith, Civil Litigation and Personal Injury for California on
Q: Legal recourse for life insurance cancellation due to bank payment error in CA?

I paid my son's life insurance for 10 years through automatic bank payments. Recently, due to a bank system change, my March 2024 payment wasn't processed, leading to the insurance policy's cancellation. The insurance company claims they didn't receive payments for March, April,... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 14, 2025

This question came up under several different headings. Please note the appropriate topic is "Banking" or "Civil Litigation". It does not involve insurance or personal injury. I don't think you have a cause of action against the insurance company because they didn't... View More

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3 Answers | Asked in Contracts, Civil Litigation, Entertainment / Sports and Small Claims for California on
Q: I just need an attorney to respond for me and review a case in which I was never served. How much should this cost?

It’s frustrating looking for a civil attorney in Riverside County everyone I called wants $25-$50,000 just to respond to a letter is this common? I only discovered that I was served because of my credit search that was the only way I found out.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Feb 11, 2025

Your problem is not limited to a letter: even if the other side agrees to vacate the Judgment, you will still have to deal with the underlying lawsuit. The lawyers don't want $25-$50K to respond to a letter, except in the sense that "respond" involves representing you in a civil... View More

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