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California Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation for California on
Q: Small claims judge ruled without viewing my evidence. Can I have this thrown out? Reason?

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

Robert Kane
Robert Kane
answered on Jun 23, 2024

You can only appeal a judge's decision when you owe money. Usually this means only the Defendant can appeal. But, if you're the Plaintiff and the Defendant sued you back and you lost on their claim, you can appeal that decision.... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for California on
Q: I need help with a writ of supersedes and a request for an imidate temporary stay

I filed an Answer on 06/06/24 the plaintiff's attorney served me with a request to set trial on 06/07/24. Three days after my answer was filled on 06/09/24 the clerk rejected it for the following reason "Two parties are listed on number 1, but only 1 party and contact information is... View More

James L. Arrasmith
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answered on Jun 23, 2024

I understand you're dealing with a complex legal situation involving an appeal and potential eviction. Here's a breakdown of the key points and some general guidance, but please note this is not legal advice:

1. Timeline:

- 06/06/24: You filed an Answer

- 06/07/24:...
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2 Answers | Asked in Contracts and Civil Litigation for California on
Q: Specific California Evidence Code and statutes, how documents have to be verified for authenticity, or copies certified.

Specific California Evidence Code and statutes that define how documents have to be verified for authenticity, or copies certified.

James L. Arrasmith
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answered on Jun 22, 2024

Here are the key California Evidence Code sections and statutes related to document authentication and certification of copies:

1. Authentication of Writings (CEC §§ 1400-1421):

- CEC § 1400 defines authentication as "the introduction of evidence sufficient to sustain a...
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1 Answer | Asked in Civil Litigation, Health Care Law and Legal Malpractice for California on
Q: How access can be achieved, how demand must be phrased?

I could not obtain on this forum straight forward answer. It is apparent that attorneys can obtain direct access to opposing party's records on premises of the hospital. How it can be achieved, how demand must be phrased?

James L. Arrasmith
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answered on Jun 21, 2024

To gain access to the opposing party's medical records at a hospital in California, you need to follow specific legal procedures. Start by serving a subpoena duces tecum on the hospital, which commands the production of documents. This subpoena should clearly describe the records you need,... View More

1 Answer | Asked in Civil Litigation for California on
Q: What kinds of objections are allowed at DEPOSITIONS?

In a video uploaded on YT, an attorney who claims to have taken over 1,000 depositions asserts that the only kinds of objections permitted at depositions are privcacy/priviledge (e.g., husband-wife, attorney-client, etc.) and form (e.g., the question is vague/ambiguous, compound, argumentative,... View More

James L. Arrasmith
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answered on Jun 21, 2024

This is an excellent question about deposition objections in California civil litigation. Let me break down the key points and provide some clarification:

1. Types of objections generally allowed in depositions:

The attorney you mentioned is largely correct. The most common and...
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1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for California on
Q: Skullgirls, Censorship, break of contract crowdfunding

A business that I believe violated a contract, i tried getting in contact with them but their listed principle

HIDDEN VARIABLE STUDIOS, LLC (201036210015)

address is not extent. the real estate agent said they fled despite what the filing says.

File No.: BA20221287094... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're dealing with a complex situation involving potential contract violations, crowdfunding, and game development. Let me break down the key points and provide some general guidance:

1. Contract violation: You believe a business violated a contract related to a...
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1 Answer | Asked in Civil Litigation for California on
Q: shall privacy right protection be reflected in privilege log?P

Privilege log. Privacy right.

If contractual or employment agreement is requested, or authorization request, that defendant allege to be protected under privacy right: shall privacy right protection be reflected in privilege log?

James L. Arrasmith
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answered on Jun 20, 2024

In California civil litigation, the question of whether privacy right protections should be reflected in a privilege log is an important one, particularly when dealing with contractual or employment agreements, or authorization requests that a defendant alleges are protected under privacy rights.... View More

1 Answer | Asked in Civil Litigation for California on
Q: Who has to produce privilege log? Propounding or responding party?

Who has to produce privilege log? Propounding or responding party?

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answered on Jun 20, 2024

The responding party is generally responsible for producing the privilege log in California civil litigation. Here's a brief explanation:

1. Responding party's obligation: When a party withholds information or documents based on a claim of privilege during discovery, they are...
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1 Answer | Asked in Civil Litigation and Health Care Law for California on
Q: What statements have to be included into motion to compel further in order to obtain this information from hosputal?

Why defense can allege that license id and dates of affiliation with hospital is private information?

If it objects to disclose, what are plaintiff's remedies other than subpoena and deposition?

What statements have to be included into motion to compel further in order to... View More

James L. Arrasmith
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answered on Jun 20, 2024

To obtain information from a hospital through a motion to compel further responses in California, you need to assert specific legal grounds. First, you must show that the information is directly relevant to the case and that the hospital's objections are not legally valid. Include references... View More

1 Answer | Asked in Civil Litigation, Federal Crimes and Health Care Law for California on
Q: Identity pursuant section 2017.010

Defendant hospital objects to disclose identity of providers, claims that it is private data, and that I have to be specific in my request in definition of identity.

Thus I am interested to find out how section 2017.010 is construed in respect of identity that defendant has to disclose.... View More

James L. Arrasmith
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answered on Jun 20, 2024

Under California Code of Civil Procedure section 2017.010, you have the right to obtain information that is relevant to your case. This includes the identity of providers involved in your care at the defendant hospital. The law allows for the discovery of facts and information that could lead to... View More

1 Answer | Asked in Civil Litigation for California on
Q: How to confront objection that interrogatory requests compilation or summary. How to obtain response?

Interrogatory indeed requires compilation or summary of information, critical to subject matter of the lawsuit.

How to obtain response?

James L. Arrasmith
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answered on Jun 20, 2024

To address an objection that your interrogatory requests a compilation or summary of information, you should first ensure that your request is specific and clearly relevant to the case. Under California law, the responding party must provide information that is reasonably available to them. If the... View More

1 Answer | Asked in Civil Litigation for California on
Q: Should documents, that Defendant claims to be protected under privacy right, be included into privilege log?

Should documents, that Defendant claims to be protected under privacy right, be included into privilege log?

James L. Arrasmith
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answered on Jun 20, 2024

Under California law, documents that a defendant claims are protected under the right to privacy should be included in a privilege log. This is because the privilege log serves the purpose of identifying the nature of the documents being withheld without disclosing their content, ensuring... View More

1 Answer | Asked in Employment Law, Personal Injury, Business Law and Civil Litigation for California on
Q: How to file a second amended complaint with additional defendants

I currently have one defendant and 1-100 Does. I am filing a motion for leave to file a second amended complaint with an additional two defendants (under the alter ego theory). Do I replace two Does with the new defendants in the title?

Do I attach the proposed SAC to the motion or to the... View More

James L. Arrasmith
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answered on Jun 19, 2024

Here are the key steps for filing a second amended complaint with additional defendants in California:

1. Replace Doe defendants: In the title of your Second Amended Complaint, replace two of the Doe defendants (e.g., Doe 1 and Doe 2) with the names of the new defendants you are adding...
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2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: Depositions taken during the discovery phase.

In order to use a deposition as evidence in a civil case during trial, will the deposition have to be filed in court before the trial date and once filed then it can be added to the exhibit list? Is the proper procedure?

James L. Arrasmith
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answered on Jun 19, 2024

In California, depositions taken during the discovery phase do not necessarily need to be filed with the court before the trial date in order to be used as evidence during the trial. However, there are certain procedures that must be followed to properly introduce deposition testimony as evidence.... View More

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: I rent a room out to a tenant and I’ve recently diagnosed with cancer and have to sell my house, how do I go about this.

Ive let this tenant know that I’m selling my property, they refuse to leave and are giving me a hard time with taking pictures of the house and their room. Im trying to put this property on the Market but my tenant won’t let me. They’re on a monthly to monthly agreement and have the room in a... View More

James L. Arrasmith
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answered on Jun 17, 2024

I'm sorry to hear about your cancer diagnosis and the challenges you're facing with your tenant. Here are the steps you should consider taking in this situation under California law:

1. Provide proper notice: Since your tenant is on a month-to-month agreement, you need to provide...
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1 Answer | Asked in Contracts, Employment Law and Civil Litigation for California on
Q: Verification of document authenticity

What details shall be disclosed in contracts to ensure validity? If demand for original not redacted contract is made how ensure validity of produced document?

James L. Arrasmith
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answered on Jun 17, 2024

Under California law, there are several key elements that should be included in a contract to ensure its validity and authenticity:

1. Identities of the parties: The full legal names and contact information of all parties involved in the contract should be clearly stated.

2. Terms...
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1 Answer | Asked in Civil Litigation and Health Care Law for California on
Q: If court orders defendant to disclose information

How defendant hospital can confront, appeal, or disobey court order to disclose contractual agreements with hospital providers?

James L. Arrasmith
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answered on Jun 17, 2024

Under California law, there are several key elements that should be included in a contract to ensure its validity and authenticity:

1. Identities of the parties: The full legal names and contact information of all parties involved in the contract should be clearly stated.

2. Terms...
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1 Answer | Asked in Civil Litigation, Criminal Law, Personal Injury and Civil Rights for California on
Q: I was beaten it ended with the guy on top of me hitting my face in and out of unconscious, officer tell me he witnessed

The office told me it was mutual combat on the video,not true,so why on incident report him and a witness say I victim battery and why won't they allow me to file a police report to follow up on what looks like a rep, myself situation this exact same thing has happened with the same 77th... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm so sorry to hear about the horrific assault and battery you've experienced, and the frustrating and traumatic interactions with the police that followed. What you've gone through is unacceptable and heartbreaking. Please know that none of this is your fault - you are the victim... View More

1 Answer | Asked in Civil Litigation, Health Care Law and Legal Malpractice for California on
Q: What is the most reasonable way for Plaintiff to handle this situation.

What is the most reasonable way for Plaintiff to handle this situation.

Discovery has been in a few iterations. The subject matter of the lawsuit is focused on events on admission and on discharge from hospital. This is when the chain of events that resulted in wrongdoing happened.... View More

James L. Arrasmith
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answered on Jun 15, 2024

Based on the information provided and considering California law, here is a reasonable approach for the Plaintiff to handle this situation regarding discovery in the lawsuit:

1. Carefully review the responses received so far to determine what information is still needed to support the...
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3 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: I have a lawsuit goin on already ,my previous attorney and I split ties ,and now having hard time finding one ?need help
James L. Arrasmith
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answered on Jun 15, 2024

I understand that you are in a difficult situation with your ongoing lawsuit in California, as you have parted ways with your previous attorney and are now struggling to find new representation. Here are a few suggestions that may help:

1. Contact the California State Bar Association's...
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