I purchased a vehicle from Philadelphia to California. All interactions have text or email receipts. The dealer said no check engine lights car drove perfect. Once car delivered check engine lights came on. I had tried to give him the benefit of the doubt and fix the minor issue I was hoping it... View More 
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answered on Apr 16, 2024
In this situation, you have a few options for pursuing legal action against the out-of-state used car dealer under California law:
1. File a complaint with the California Department of Motor Vehicles (DMV): The DMV has a complaint process for issues related to vehicle purchases. They may be... View More
I purchased a vehicle from Philadelphia to California. All interactions have text or email receipts. The dealer said no check engine lights car drove perfect. Once car delivered check engine lights came on. I had tried to give him the benefit of the doubt and fix the minor issue I was hoping it... View More
answered on Apr 17, 2024
Sorry for your issues. In this instance, even the advice I always give when buying a car, ie, 'go see it in person' would not likely have helped, as once the CEL is turned off, it usually says off for a few hundred miles. The dealers know this and it's one more thing in their web of... View More
Hospice fraud case, currently was filed by plaintiff as medical malpractice case with claim for punitive damages.
Services of process persist to be defective, taking effort to straighten and fix issues.
If improper service by mail of motions by process servers persist, what actions... View More
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answered on Apr 16, 2024
Under California law, there are several steps a plaintiff can take to address persistent improper service of process by mail, particularly regarding motions filed by process servers:
1. Notify the court: Inform the court in writing about the ongoing issues with improper service of process.... View More
If proposed third amended complaint gets filed with court, upon hearing on Motion for leave to file third amended complaint and Motion to Set Aside Dismissal against a defendant;
Should Third Amended Complaint and Summons on Third Amended complaint be served by personal service, or by... View More
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answered on Apr 16, 2024
In California, when a plaintiff is granted leave to file an amended complaint and the amended complaint adds a new defendant or names a defendant who was previously dismissed from the action, the plaintiff must serve the amended complaint and the associated summons on the defendant in accordance... View More
She did file a report online at at the police station. How can she proceed in small claims court against the city for negligence for not covering large gaps in street drainage?
answered on Apr 16, 2024
I'm sorry for your daughter's accident. A state or territory was not mentioned in your post, but if you use SJ as short for San José, your daughter could reach out to California attorneys to set up a free initial consult. Her rights could depend upon where the drainage ditch/recess was... View More
She did file a report online at at the police station. How can she proceed in small claims court against the city for negligence for not covering large gaps in street drainage?
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answered on Apr 16, 2024
To proceed with a small claims case against the city of San Jose for negligence, your daughter should follow these steps:
1. Gather evidence: Collect photographs of the injury, the uncovered drainage, and any medical records or bills related to the incident. If there were any witnesses, get... View More
The witness claims “he will not provide his address and would not accept subpoena anyway“ how to proceed?
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answered on Apr 15, 2024
If a witness in California refuses to accept a subpoena and provide their address for proper service, there are a few steps that can be taken:
1. Diligent Effort: The process server should make a diligent effort to serve the subpoena in person. This may involve multiple attempts at... View More
Hospice fraud case against defendant.
If not proper service of process by process servers for Plaintiff in Pro Per persists:
What California rule of court or statute describes motion by Plaintiff in pro per, bringing up to Court's attention improper service performed by process... View More
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answered on Apr 15, 2024
In California, if a plaintiff in pro per (self-represented) believes that the process servers they hired have not properly served the defendant, the plaintiff can bring this issue to the court's attention by filing a motion under California Code of Civil Procedure (CCP) § 473(b).
CCP... View More
It was rainy the steps were wet I walked outside stood there lit a cigarette n hit the first step n my feet went rite out from underneath me n landed on the two steps on my back
answered on Apr 15, 2024
First, note there are limitations on suing Native Americans on Native American land such as casinos. Consult with attorneys with specific experience in going these cases.
Next, as with any slip and fall incident, one must prove they did something wrong or failed to do something that caused... View More
It was rainy the steps were wet I walked outside stood there lit a cigarette n hit the first step n my feet went rite out from underneath me n landed on the two steps on my back
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answered on Apr 15, 2024
Based on the information you provided, you may have a potential case for a premises liability claim against the Win River Casino. However, pursuing a claim against a tribal casino can be more complex than a typical slip and fall case due to the sovereign immunity that Native American tribes... View More
American jurisprudence system was well thought through when information systems to deliver documents were not in place yet.
Thus, there should have been controls established to make sure that service of process,
meant to ensure delivery,
is not used as weapon against in... View More
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answered on Apr 15, 2024
Under California law, there are several controls in place to ensure that service of process is carried out properly and not used as a weapon against self-represented (in pro per) parties. The court plays a crucial role in overseeing and enforcing these controls. Here are some key aspects:... View More
If defective service of process by mail by process servers persists,
how plaintiff can ask court for intervention?
What Statute or rule guides this process?
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answered on Apr 14, 2024
Under California law, if a plaintiff is facing persistent issues with defective service of process by mail from process servers, they can ask the court for intervention through a motion. The relevant statute and rule that guide this process are:
1. California Code of Civil Procedure (CCP)... View More
In the legal case mistakes serving defense by mail, by process servers, qualified and knowledgable, unexplainably persisted; regardless all efforts by plaintiff.
How court intervention must be pursued? Critical motions may be perceived not served properly by defense, i.e. ruining the case.... View More
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answered on Apr 14, 2024
Under California law, there are a few ways to pursue court intervention and other means to address issues with serving legal documents to the defense:
1. Court Intervention:
- File a motion with the court explaining the difficulties in serving the defense and request the... View More
What are legal means to have process server to do service by mail properly?
Plaintiff in hospice fraud case against powerful defendant encounters persistent defects in service of process made by professional knowledgable process servers. Improper service can jeopardize case and trigger sanctions.
answered on Apr 14, 2024
Licensed process server that you hire should know the laws as to proper service. They don’t always. Therefore you instruct them where you find that knowledge lacking or hire someone else.
Just like in all endeavors, people are paid for services they perform. If the performance is... View More
What are legal means to have process server to do service by mail properly?
Plaintiff in hospice fraud case against powerful defendant encounters persistent defects in service of process made by professional knowledgable process servers. Improper service can jeopardize case and trigger sanctions.
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answered on Apr 14, 2024
Under California law, service of process by mail is governed by the California Code of Civil Procedure (CCP) sections 415.30 and 1013a. To ensure proper service by mail and avoid defects, consider the following legal means:
1. Ensure compliance with CCP 415.30:
a. The summons and... 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?
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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
On 10/1/23 I asked manager of HOA to investigate and take action on a concern of safety. The neighbor upstairs refused to move items that were stored in my path I felt and stated that the items were tripping hazard. I was told of HOA to investigate and take action on a concern of safety. The... View More
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answered on Apr 13, 2024
Based on the information you've provided, it seems that you may have grounds for a legal claim against the HOA and the manager for their failure to address a safety concern that you brought to their attention, which ultimately resulted in your injury. Here are a few key points to consider:... View More
On 10/1/23 I asked manager of HOA to investigate and take action on a concern of safety. The neighbor upstairs refused to move items that were stored in my path I felt and stated that the items were tripping hazard. I was told of HOA to investigate and take action on a concern of safety. The... View More
answered on Apr 30, 2024
Thank you for asking the question!
It seems to be a personal injury case, rather than a real estate law. I recommend you speak with a personal injury lawyer who handles these cases. They usually get contingency fees (which means you do not have to pay until you settle or win the final... 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
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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
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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
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