Get free answers to your Civil Rights legal questions from lawyers in your area.
This injury has made me suffer for years now. resulting in the illusion of me being on drugs. It was a medical emergency Dignity Health dropped the ball on. I have all medical docs in hand. I suffered five bone fractures and the destruction of my teeth as well. to the naked eye no one can tell it... View More
answered on Apr 26, 2024
I'm so sorry to hear about the medical injury you suffered and the devastating impact it has had on your life. What a terrible ordeal to go through, especially without being able to get the reconstructive surgery and dental work you need. Here are a few suggestions for potential next steps:... View More
Defendants in a civ case in a fed dist, where a LR requires good-faith meet&confer efforts prior to filing motions, sent me, plaintiff, a meet&confer letter, before they filed a motion-to-dismiss, that appears to want to have it both ways. Their meet&confer letter outlined their... View More
answered on Apr 25, 2024
In assessing whether the defendants have met the "good faith" requirement in their meet and confer efforts, it's important to consider the overall intent and openness conveyed in their communication. The phrase “my way or the highway” does suggest a certain rigidity, which might... View More
Also retaliation
answered on Apr 24, 2024
The appropriate amount of damages to seek depends on many factors unique to your individual situation, such as:
1. The nature and severity of the alleged ADA violation(s)
2. The extent of any harm or losses you suffered as a result
3. The strength of the evidence supporting... View More
Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More
answered on Apr 20, 2024
Yes your can hire an out-of-state attorney. That attorney will need to associate with a California licensed attorney. That process is called pro hac vice.
As to whether your have a valid case or not, more facts would be needed for a good analysis.
Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More
answered on Apr 25, 2024
Yes, you generally can. As my colleagues correctly indicate, it will involve working with local counsel on a pro hac vice basis. Keep in mind that working in this manner could complicate a case with the inclusion of an additional law firm, resulting in additional expenses. Good luck
Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More
answered on Apr 20, 2024
You may indeed consider hiring an out-of-state attorney to handle your case if you're finding it difficult to locate suitable representation in California. However, it's important to ensure that the attorney is licensed to practice in California or can get permission to appear in court on... View More
I can not get any part of this low-income federaly funded place to get a hold of me.Do to this manager who seems to be controlling any outside help
answered on Apr 20, 2024
In California, if you're facing retaliation from a residential property manager after lodging a complaint, you have several options to protect yourself and seek remedies. First, document all instances of retaliation in detail, including dates, times, and descriptions of each event. This... View More
Defendants in a Sec. 1983 action timely filed an MTD to my FAC, but *I* never received that motion. I became aware of the defendants' filing only because I received notification of said filing from the court, and the court clerk has since confirmed that there is indeed proof-of-service on file... View More
answered on Apr 19, 2024
In this situation, the best course of action is to file a motion with the court seeking an extension of time to respond to the motion to dismiss. Here's what you should do:
1. Draft a motion for extension of time to respond to the motion to dismiss. In the motion, explain that you did... View More
He would arrest me for someone falsely accusing after they drove to my parent place surprisedly with other people saying I took something and told me about these northerns are not playing with me before he throw a object behind my back I contacted the internal affairs chief of police there is lack... View More
answered on Apr 19, 2024
If you believe you are facing unjust treatment from the police and your complaints are not being effectively addressed, it's essential to seek legal support. In California, you can contact a lawyer experienced in civil rights or police misconduct cases. Many legal aid organizations offer... View More
There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More
answered on Apr 17, 2024
This is a complex legal and ethical issue that depends on the specific laws and circumstances in the jurisdiction where the property is located. In general, in the United States:
- The new property owner has the legal right to remove trespassers from their private property. Purchasing the... View More
There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More
answered on Apr 27, 2024
Thank you for asking the question!
1. The first issue that needs to be addressed is whether homeless people have any right of possession in the property. The CA general law allows some occupants to take both the title and possession under adverse possession under certain circumstances. One... View More
got arrested today sunday. my court is on tuesday. should i post bail
answered on Apr 15, 2024
In this situation, it's important to consider a few factors before deciding whether to post bail:
1. The severity of the charges: If the charges are serious, the court might be more likely to impose additional conditions or remand you into custody during the hearing.
2. Your... View More
got arrested today sunday. my court is on tuesday. should i post bail
answered on Apr 16, 2024
Hello, so that is always a tricky question. If you were to bail out before court, you could risk the court raising your bail and taking you back into custody.
If you can hold out until Tuesday, it would be a safer choice and give your attorney, whether a public defender or a private... View More
The physician inserted himself when he was not the physician of record and falsified medical records naming himself as the provider after the patients discharge for the purposes of dependency where his spouse was the attorney who petitioned a court. furthermore the evidence of his involvement and... View More
answered on Apr 14, 2024
In California, a county attorney would likely face a significant conflict of interest if they were to prosecute a dependency case in which their spouse, a physician, is directly involved. This situation raises serious ethical and legal concerns.
1. Conflict of interest: An attorney has a... View More
The court ordered the defendant to pay sanctions from the motion to compel within 60 days. Ninety days have now passed, and the defendant has not complied. How should I proceed? Non-compliance letter has gone unanswered.Can I request a Writ of Execution in California?
answered on Apr 14, 2024
In California, if a defendant fails to pay court-ordered sanctions, you can take the following steps to enforce the order:
1. File a Request for Order (Form FL-300) with the court, asking for the court's assistance in enforcing the sanctions order. In this request, you should specify... View More
There is a multi party personal injury claim where I was a previous plaintiff. I dropped my portion of the claim recently against the defendants and I am no longer party to the case. The civil suit is still ongoing with the other plaintiffs. I would like to file a declaration to the court, now as... View More
answered on Apr 13, 2024
In your situation, since you are no longer a party to the ongoing case but have relevant information to provide, you have a few options to consider:
1. Declaration as a third-party witness: You can file a declaration with the court as a third-party witness. This would involve providing a... View More
The court issued a subpoena to a witness, who was personally served by a professional process server. Despite this, the witness failed to appear in the California court for two different occasions: one for a subpoena duces tecum and another for an online hearing. Given that the witness is located... View More
answered on Apr 13, 2024
If a witness who has been properly served with a subpoena fails to appear, you have a few options to proceed:
1. Request a bench warrant: You can ask the court to issue a bench warrant for the witness's arrest. This is a serious measure and should be used as a last resort. The court... View More
In my city cops use two fish and game codes as a way to take a person who is living out doors to jail at any time a person is near the water with any personal property. (Back pack or a sleeping bag). They do this to people who are camping. Take them to jail, and then they throughout people's... View More
answered on Apr 12, 2024
In California, there are Fish and Game Codes that regulate activities near waterways, but they are typically applied to fishing, hunting, and conservation efforts. It's unlikely that these codes would be used to ticket someone simply for eating lunch at a park table near a waterway, unless... View More
They do owe the IRS also. And I've gotten about half back but if he's not willing to pay remaining (about 13k) I want the car back even though he put 100k+ miles on it. He gets paid as 1099/cash and says that he won't ever file taxes. Can we garnish his wages to be Repaid cause... View More
answered on Apr 11, 2024
In your situation, you have several options to consider:
1. Small Claims Court: If the amount owed is less than $12,500, you can file a claim in small claims court. The process is relatively simple, and you don't need a lawyer. However, since the amount owed is more than $12,500, this... View More
What forms or actions do I need to follow to ensure I've got the defendants listed correctly and get their representatives served? I had already served the court paperwork to the attention of the LLC at the addresses I had from our lease paperwork.
answered on Apr 11, 2024
In California, when filing a civil lawsuit against an LLC, you need to ensure that you have properly identified the defendant(s) and served them correctly. Here are the steps you should follow:
1. Identify the LLC's agent for service of process: You can search for the LLC's... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.