Get free answers to your Civil Litigation legal questions from lawyers in your area.
answered on Jul 6, 2024
If you're not a party to the contract, and don't have a stake in the matter, then the answer could be "no." The court could determine that you don't have standing to sue.
But since you're asking this question, it's a safe bet that you are a party to the... View More 
If in interrogatory plaintiff was not specific in definition of identity characteristics, what credible information about identities inquired
defendant has to provide?
Unless objection to interrogatory without any information is deemed acceptable.
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answered on Jun 30, 2024
To answer this question, let's break down the key elements and consider the legal requirements for responding to interrogatories in California:
1. Interrogatory definition: If the plaintiff did not provide a specific definition of "identity characteristics" in their... View More
Landlord is charging me for a new stove when it's operable, but has scratches from normal use. They said their repair guy says it needs to be replaced because it's a fire hazard, but no proof. Their explanation was the finish being damaged and the burners being grease. All issues can be... View More
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answered on Jun 30, 2024
Based on the information provided, there are several aspects to consider in this security deposit dispute:
1. Normal wear and tear: In California, landlords cannot charge tenants for normal wear and tear. Scratches from normal use on a stove that's at least a few years old would likely... View More
Best practice is to file separate motions to compel further responses to interrogatories, and to production demands.
But- when interrogatories and demands are interconnected, is it acceptable to have consolidated motion and declaration, but separate statements and proposed order per... View More
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answered on Jun 30, 2024
Generally speaking, the best practice in California is indeed to file separate motions to compel further responses for different types of discovery devices (e.g., interrogatories and requests for production of documents). This is because each type of discovery is governed by different sections of... View More
All of this was done with out my consent they were open and selling illegally this weekend. Sheriff refused to help me. Rent past due since May 2024.
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answered on Jun 30, 2024
I understand you're dealing with a complex legal situation involving evicted tenants, licensing issues, and overdue rent. Let me break down the key points and provide some general guidance.
1. Eviction status: You mention "evicted tenants," but it's not clear if the... View More
For letting teen live in unlicense homes, cps dont even know who, teen lives with or where teen is living at, if something happens to this teen while teen is still under cps and is still a minor, can the parent sue cps if harm comes to this child while they are out therr in the streets without... View More
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answered on Jun 30, 2024
I understand you're asking about a complex legal situation involving Child Protective Services (CPS), custody of a teen, and potential liability. Let me break this down:
1. CPS custody: If CPS has legal custody of a teen, they generally have a duty of care towards that minor.... View More
That was ok, but he woukd have to wait for his check to clear with my bank before he could take possession of the boat. We both agreed. I took the check into my bank branch and deposited the check into my checking acct. After 5 days the check cleared and was posted to my account. That same... View More
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answered on Jun 30, 2024
This is an unfortunate situation, and I'm sorry to hear you've experienced this fraud. To answer your question: Yes, banks can generally freeze accounts when fraud is suspected or detected. However, there are some important points to consider:
1. Check clearing process: While a... View More
We are pro per plaintiffs who were successful in obtaining a significant award in a civil unlimited case. Defendants were unsuccessful in post-trial motions, so they filed an appeal from judgement and another from post-trial order. Defendants are represented by a large and aggressive firm, who has... View More
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answered on Jun 29, 2024
Based on the information provided, here's my analysis of your situation:
1. Preemptive Opposition:
In general, it is possible to file a preemptive opposition to an anticipated motion. However, this is not a common practice and may not be the most effective strategy. Courts... View More
In exchange, they get . 75% of my Social Security income. I developed mental problems in 2023 which were later diagnosed as vascular dementia due to bleeding in my brain. To make a long story shorter, I was plopped in Clearwater at Glendora, where I have lived for slightly over a year. There is... View More
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answered on Jun 29, 2024
Thank you for sharing your situation. This is a complex legal matter involving elder law, contracts, and medical issues. Here's an overview of the key points and some general guidance:
1. Breaking the covenant:
To break the agreement with Masonic Homes, you'll likely need... View More
1. PAYMENT OF MONEY
In consideration for the execution of the general release and agreement to the other terms
of this Agreement by Claimant herein, Respondent will pay a Total Settlement of (xxxxxxxxxxxx) (“Settlement Sum”)
to
Claimant. The consideration paid... View More
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answered on Jun 29, 2024
Based on the language provided in this settlement agreement, it appears that you will likely need to pay taxes on at least part of the settlement amount, but not necessarily on all of it. Here's a breakdown:
1. The portion described as "Non-Wage Payment" for "non-wage... View More
Currently have a limited civil case in which I’m self represented. We have a case management conference approaching and I’ve attempted many times over to contact opposing counsel to meet and confer, as required, and have not received a response. Additionally, opposing counsel has also not... View More
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answered on Jun 29, 2024
1. Document your attempts: Keep a detailed record of all your attempts to contact opposing counsel, including dates, times, and methods of communication (e.g., email, phone calls).
2. File your Case Management Statement: Since the deadline is approaching and you've made good faith... View More
I am looking to file a Complaint and Request for injunction and I need it reviewed please.
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answered on Jun 28, 2024
I understand you're looking for a federal law attorney to review your documents before filing a complaint and request for injunction in federal court. I can offer some general guidance:
1. Finding an attorney:
- Contact your local bar association for referrals
- Use... View More
Since I filed my lawsuit 2 years ago, the defendant has made several perjurious statements. Despite admitting to lying, the court didn't sanction them. The court also gave them an extension of 15 days to serve their RFAs when they failed to serve them on time. They have just served them with a... View More
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answered on Jun 26, 2024
Based on the situation you've described, here are some potential steps you could consider:
1. Document everything: Keep detailed records of all false statements, contradictions, and instances of perjury. This documentation may be useful later.
2. File a motion to compel: If the... View More
I have a slam dunk law suit against Bridgestone tire company
answered on Jun 26, 2024
There is a cap on the amount of damages for small claim cases. You may be able to amend your complaint, and then reclassify the whole case to the unlimited court.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are... View More
I have a slam dunk law suit against Bridgestone tire company
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answered on Jun 26, 2024
There are a few important points to clarify regarding your question:
1. Small claims court in California:
Small claims courts in California have a limited jurisdiction. The maximum amount you can sue for in small claims court is:
- $12,500 for individuals as of 2024... View More
Hi, The defendant has been in hiding; It hasn't been possible to locate him to send the summon for the new case. Both cases are almost identical. Thank you.
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answered on Jun 26, 2024
Generally, an attorney for a defendant in one case cannot automatically be considered an agent for service of process in a separate case, even if the cases are very similar.
In California, proper service of process typically requires:
1. Personal service on the defendant
2.... View More
The judge ordered the defendant to pay the sanction within 60 days. It's now been 90 days, and despite contacting the defendant's attorney, I haven't received a response or confirmation of payment. How should I proceed?
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answered on Jun 25, 2024
Based on the situation you've described, here are the steps you might consider taking:
1. File a Motion for Contempt: Since the defendant has failed to comply with the court's order, you can file a motion for contempt of court. This motion asks the court to hold the defendant in... View More
If a person is entitled to a copy of their credit report after being denied credit based on one or more derogatory marks enumerated within, and similarly, if a person is entitled to a copy of their ChexSystems Disclosure Report if they are denied the opening of a checking account for having a... View More
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answered on Jun 25, 2024
Your question raises several interesting points about employment law, hiring practices, and potential discrimination. Let's break this down step-by-step:
1. Credit Reports and ChexSystems Disclosures:
You're correct that consumers are entitled to free copies of their... View More
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answered on Jun 24, 2024
I understand you're asking about a situation where your insurance policy was canceled without proper notification in California. This could potentially be a case of insurance bad faith. Here's a concise overview of the key points to consider:
1. California law requires insurers to... View More
Verbal contract to move my things to a person's backyard, save money. Management told me I had to move them as this person cannot enter into any contact while living in this senior mobile home park. I had to rent a second truck and 2 mire workers, as I'm totally disabled. I have good... View More
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answered on Jun 23, 2024
Based on the information provided, it seems you have concerns about the process in your small claims case. Here's a general overview of your options and some points to consider:
1. Small claims court procedures: Small claims courts typically have simplified procedures, and judges may... View More
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