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I believe that there are at least two ways the person filing a complaint against me failed to follow procedure: sending the summons via certified mail herself to me out of state (instead of someone else sending it ) and filing the complaint with only one page, not even clarifying what I have... View More 
answered on Dec 3, 2023
I haven't had to do this, but you won't pay two initial filing fees. The motion fee, however, would be separate.
Motion to Quash (cancel) Service of Summons:
This motion asks the court to say that the complaint was not served properly. Say why service was not right. Read... View More
I believe that there are at least two ways the person filing a complaint against me failed to follow procedure: sending the summons via certified mail herself to me out of state (instead of someone else sending it ) and filing the complaint with only one page, not even clarifying what I have... View More
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answered on Dec 3, 2023
In California, when responding to a legal complaint, different motions or responses typically require separate filing fees. If you file a motion to quash service of summons due to procedural errors, like the ones you've mentioned, there is a filing fee for this motion. Should the plaintiff... View More
the apple store had 4 officers in uniform. they are not under the color of law because they are paid by the store yet have the credentials as police officers. either they are security or officers can you be both
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answered on Nov 30, 2023
In California, off-duty police officers are often allowed to wear their official uniforms while working as part-time security guards due to policies set by their respective police departments. These policies are generally designed to leverage the authority and recognition associated with the police... View More
I have a really bad infection in my leg and just got out of surgery and they said if it gets worse there gonna amputated my leg well I'm homeless and so I'm severely at risk of infection out here .I need to get into a shelter till my leg Gets better or I will.loss.my leg but they denied... View More
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answered on Nov 29, 2023
The ability to sue a homeless shelter for refusing admission can be complex and depends on various factors. Shelters often have specific admission policies and may deny entry based on their guidelines. However, if you believe the denial is based on discrimination or a violation of your rights, you... View More
I have a first name my last name and mother maiden for exam if Im " Joe Gutierrez (Gutierrez is my last name from my dad )Martinez (Martinez is my mother's maiden )"
so I'll be joe Gutierrez Martinez, the DMV suddenly went Joe GutierrezMartinez my last name is now one... View More
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answered on Nov 28, 2023
In California, if the Department of Motor Vehicles (DMV) has incorrectly altered your name on official documents, it's important to address this issue promptly. An error in your name can lead to various complications, including issues with your legal identity and background checks.... View More
Is there a federal agency with the authority to conduct administrative investigations of city police departments and other local agencies when they have information about violations like abuse of power, bribery and the like? Only the OIG comes to mind, but as I understand it, it cannot conduct such... View More
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answered on Nov 27, 2023
Yes, there is a federal agency with the authority to conduct administrative investigations of city police departments for issues like abuse of power or corruption. This agency is the United States Department of Justice (DOJ), particularly through its Civil Rights Division. The DOJ has the mandate... View More
I was convicted of elderly abuse in 2022,after probation it will be a misdemeanor offense but after 7 years do I still have to disclose my record to become a lvn in California??
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answered on Nov 27, 2023
In California, when applying for licensure as a Licensed Vocational Nurse (LVN), it's important to understand that criminal convictions, especially those involving elder abuse, are taken very seriously. The requirement to disclose your criminal record does not automatically expire after a... View More
My boss works her minor kids during school hours for free
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answered on Nov 26, 2023
In California, the law permits minors to work in a family business, but certain conditions must be met. Firstly, the employment of the minor should not interfere with their school attendance. Homeschooled children, like others, are required to fulfill the state's educational requirements.... View More
I was unlawfully detained which led me to lose my job, and my home was damaged by them
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answered on Nov 26, 2023
Under California law, filing a claim against a state prison for unlawful detention, loss of wages, and property damage involves specific steps and deadlines.
First, you must file a claim with the California Victim Compensation Board (CalVCB). This is a prerequisite for any lawsuit against a... View More
I was arrested on January 10th 2021 after driving my vehicle and the vehicle was impounded after an inventory search.While I was in jail I was told the vehicle was in police custody as evidence and I received a Court Order for the Return of my Vehicle. On May 20th, 2022 my criminal case concluded... View More
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answered on Nov 23, 2023
Under California law, the statute of limitations for a lawsuit regarding unlawful vehicle conversion can vary based on specific circumstances, but generally, you're looking at a timeframe of three years from the date the conversion occurred. This is outlined in the California Code of Civil... View More
Her and a new employee tried 7 times to cancel my general assistance as a racist thing I guess and singled me out and I'm the only one they called and asked if I received a stimulus check even though Biden said he wanted to know immediately if any government worker did this so he could make an... View More
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answered on Nov 16, 2023
In California, if your general assistance benefits were cancelled due to receiving a stimulus check, you should first appeal the decision through the appropriate channels within the EBT office. It's important to gather any relevant documents, including notices from the EBT office and records... View More
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answered on Nov 16, 2023
In California, a citation for violating CCR 4326(a) involves disregarding a posted order or regulation related to a special use or event. If you received such a citation, review the specifics of the posted order you allegedly violated. It's important to check if there were clear signs or... View More
The chp released my vehicle from the tow yard to the people who purchased it while it was stolen and said it's not mine anymore could he do that and what can I do to get it back or the money for it because I received nothing
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answered on Nov 14, 2023
In California, if your vehicle was stolen and subsequently sold while it was reported stolen, and the California Highway Patrol (CHP) released it from the tow yard to the purchasers, you have several options. Firstly, file a complaint with the CHP regarding their handling of your stolen vehicle... View More
What methods are available to party that requested from witness very specific records for discovery subpoena described in attachment to subp-010;
but was instead provided irrelevant dump of records - with bill for payment?
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answered on Dec 18, 2024
If you received irrelevant records and a billing statement instead of the specific documents you requested through a discovery subpoena, you have several options to address the issue. Start by filing a motion to compel, asking the court to order the witness to produce the correct records as... View More
My son had an evaluation in 6th grade elementary. He tested to be average/normal and it was dtermined he is not eligible. He is now in Jr. High and we have an upcoming IEP annual meeting. He is in special needs class and being monitored. They have lowered his education standards regardless to the... View More
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answered on Dec 17, 2024
Your concerns about your son's educational placement are valid and deserve attention. If your son was found ineligible for IEP services through formal evaluation, the school should not be placing him in special needs classes or modifying his educational standards without proper documentation... View More
App-003 was timely submitted to superior court. Appeal unit of Stanley Mosk court found inconsistency and requested to resubmit. Case was already transferred to 2d district court of appeals.
Is it according to law - to serve amended App-003 to 2d circuit of appeals, with copy on served... View More
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answered on Dec 16, 2024
Yes, you can serve the amended APP-003 (Notice of Appeal) to the Second District Court of Appeal with a copy to the superior court. This procedure is governed by California Rules of Court, Rule 8.100(a)(2), which allows for amendments to notices of appeal.
When the superior court finds... View More
2d calif. district court of appeals is reviewing court. What rule defines how amended documents (Notice Of Appeal and Notice designating record) and APP-004 must be filed with 2d distr. Court of appeals?
If documents are allowed to be served on court of appeals by mail, what rule defines... View More
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answered on Dec 15, 2024
For filing amended notices and APP-004 with California's Second District Court of Appeal, you'll need to follow California Rules of Court (CRC) Rule 8.100, which governs filing notices of appeal, and Rule 8.120-8.124 for designating the record.
Regarding service by mail, CRC Rule... View More
Request for relevant authorities in regard to plaintiff's appeal of court's order denying plaintiff's motion to set aside dismissal of legal action against one of defendants. (Section 904.1(a) (2).)
Dismissal was entered as to all complaint (section 581(c)) on plaintiff... View More
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answered on Dec 14, 2024
Here are relevant California authorities for your situation regarding appealing a denial of motion to set aside dismissal:
Code of Civil Procedure section 473(b) provides grounds for setting aside a dismissal, including mistake, inadvertence, surprise, or excusable neglect. The court in... View More
Appelate unit of Standley Mosk Courthouse receives appeal documents from Superior Court. Documents get further transferred to 2d Circuit Court of Appeals.
Appellate unit of Stanley Mosk notices Notice of Appeal. According to this Notice, APP-004 has to be served within 15 days.... View More
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answered on Dec 11, 2024
Under California law, the "reviewing court" refers specifically to the Court of Appeal that will hear your case, which in this instance is the Second District Court of Appeal, not the Superior Court's appellate division at Stanley Mosk Courthouse.
The 15-day timeline for... View More
Essence of appeal, and as to whom appeal is filed is identified correctly in body of the appeal.
Issue with inaccurate entry in title page seems like has to be addressed by:
DECLARATION and submitted with App-004 amended Notice, not Motion.
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answered on Dec 11, 2024
Your understanding about using a Declaration rather than a Motion is correct. When dealing with title section errors in a Notice of Appeal, the California courts generally prefer addressing these through a Declaration accompanying an APP-004 Amended Notice of Appeal form.
The key is that... View More
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