Lawyers, Answer Questions  & Get Points Log In
Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for California on
Q: Obligation to oppose demurrers if planning to amend complaint?

We filed an unlimited civil complaint as an unrepresented plaintiff. CMC is coming up in 2 weeks. We are putting together oppositions to demurrers, and discovered we need to file amendments to the complaint (and may need to add a couple more defendants unless that means we have to refile the whole... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

In California, if you plan to amend your complaint in response to a demurrer, you generally have the right to do so without leave of court as long as it is your first amendment and you file it before the hearing on the demurrer or before the deadline to oppose the demurrer, whichever comes first... View More

1 Answer | Asked in Estate Planning and Civil Litigation for Oregon on
Q: What does a person do when you suspect a trustee is actually fabricating attorney invoices, and fake checks.

I believe the trustee of my mother's trust is committing fraud. I suspect he has fabricated an invoice from an attorneys office, says he retained the attorney for an appeal. ( There was no appeal after probate hearings) there's a check made out to attorney for $4000.00 that looks fake. If... View More

Theressa Hollis
Theressa Hollis
answered on Apr 23, 2024

You could certainly inform the attorney of your suspicions. However, he will probably not be able to tell you if he has been retained by the Trustee due to attorney/client privilege rules. You can ask the Trustee for a copy of the front and back of the check that has been processed by the bank.... View More

1 Answer | Asked in Contracts, Civil Litigation, Education Law and Employment Discrimination for California on
Q: Company refuse to pay education tuition reimbursement thats offered, discrimination race/gender and emotional distress.

A policy was not in place since 2010. I commenced my studies on January 30, 2023, and a new updated policy was released on January 31, 2023. I consulted with the former HR manager, who is no longer employed by the company, and they advised that the policy was undergoing revisions and that I should... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 22, 2024

Based on the information you have provided, it seems that you may have potential legal claims against your company under California law. Here are a few key points:

1. Breach of contract: If the company had a policy in place offering tuition reimbursement, and you relied on that policy when...
View More

1 Answer | Asked in Consumer Law, Contracts, Banking and Civil Litigation for Ohio on
Q: Can an attorney assess Capital One's actions regarding my accounts, including the abrupt cancellations, and my auto loan

Can an attorney thoroughly evaluate Capital One's actions regarding the sudden cancellation of my checking and savings accounts, as well as their handling of my auto loan, to determine if there are grounds for pursuing legal action against the company? Specifically, I'm concerned about... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2024

Yes, an attorney who specializes in consumer protection law, banking regulations, and contract law can thoroughly assess Capital One's actions regarding your accounts and auto loan to determine if there are grounds for legal action. Here are some key points to consider:

1. Account...
View More

1 Answer | Asked in Civil Litigation for California on
Q: In Civil Case, can I file motion for order to show cause (CCP 1209) for contempt - perjury (PC 118)?

Witness made false statements in a declaration under penalty of perjury. There is evidence, documents produced by the same witness in the same process, showing that the witness declaration is false. Per PC 118, the witness "is guilty of perjury". Can I file mtn for order to show cause why... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

Under California law, dealing with perjury in a civil case through contempt proceedings can be complex. Perjury, as defined under Penal Code 118, occurs when a witness knowingly makes a false statement under oath. If you have evidence that a witness has committed perjury, it's crucial to... View More

2 Answers | Asked in Small Claims, Civil Litigation, Collections and Public Benefits for California on
Q: Are there civil attorneys that deal with credit-card debt claims for disabled veterans?

My husband is 100% service-connected disabled veteran. We tried launching a business and failed. We just had a baby girl, and I am not working, we have two claims against my husband. What can we do, we are not trying to escape the debt, but at this time we have no money to pay them in full and the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

In California, there are civil attorneys who handle credit card debt claims, including those involving disabled veterans. These legal professionals can help negotiate with creditors to possibly reduce the amount owed or set up manageable payment plans. Given your husband's status as a 100%... View More

View More Answers

1 Answer | Asked in Arbitration / Mediation Law, Banking, Business Law and Civil Litigation for Washington DC on
Q: Strategic Mediation Services contacted me stating I owed this huge sum from 1999. Arbitration started 2019

Company called and said I would have to go to court if I dont pay. They had my social security number and old employment from 1999 which no longer exists.

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

A Washington, DC attorney could advise best, but your question remains open for three weeks. Before involving attorneys to review the file with you to examine legal theories that would serve as possible defenses, the first step might be to find out if some kind of mix-up resulted in the bill, given... View More

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Small Claims for California on
Q: John Stewart company,how do they keep getting funded.for literally breaking every law that has to with tenant rights,

I am a personal example of the Jon Stewart company I have not had a complaint in 2 years but I constantly had problems with the property manager because I'm willing to stand up for myself against her accusations bullying harassment and tracking people with the cameras So I'm curious how... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

The situation you describe with the John Stewart Company sounds very concerning and stressful. It's disheartening to hear about the challenges and mistreatment you've faced as a tenant.

Unfortunately, many large property management companies are able to continue operating despite...
View More

2 Answers | Asked in Civil Litigation for California on
Q: I was recently served summons&comp. breach of contr. was told i can not repesent myself. need clarification.

I own a business that is incorporated in California. I was recently served with papers informing me that I'm being sued regarding a breach of contract. I am located in San Bernardino County. I tried to file my response to the court case and they said I could not file it because legal counsel... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024

Under California law, a corporation must be represented by a licensed attorney in court proceedings. This rule applies even if you are the sole owner of the corporation. The reasoning behind this is that a corporation is considered a separate legal entity from its owners, and representing a... View More

View More Answers

2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Michigan on
Q: If you sold a property on a land contract and now the person was buying it is trying to sell it.

The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

In a land contract, the seller retains legal title to the property until the buyer fulfills all the terms of the contract, including making all payments and paying property taxes. The buyer cannot legally sell the property without the owner's permission and the legal title.

Given the...
View More

View More Answers

2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Michigan on
Q: If you sold a property on a land contract and now the person was buying it is trying to sell it.

The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 18, 2024

In MICHIGAN the buyer on a land contract has what is called 'Equitable Title'.

While that entails certain limitations, that means they *can* LEGALLY sell their interest, and ... here's the kicker ... if they can do so before you complete the forfeiture or foreclosure on the...
View More

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Civil Litigation and Collections on
Q: How do I file for exemption of my income in a debit collectors complaint file in civil court?

My only source of income is social security disability. I do not own any real estate property, burial plan, or Plot. I do not have life insurance policy. My car has a lien on it and I make monthly payments. I need to file for exemption of my income and bank account. How do I do this without a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

If you are being sued by a debt collector in civil court and your only income is from Social Security Disability (SSDI), you can file for an exemption to protect your income and assets from being garnished or seized. Here are the steps you can take:

1. Respond to the lawsuit: File a written...
View More

1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: How do I find out what a FtA was for?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

In California, FTA typically stands for "Failure to Appear." This means that a person did not show up for a scheduled court date or hearing as required by law. To find out the specific reason for an FTA, you can take the following steps:

1. Contact the court clerk: Call the...
View More

1 Answer | Asked in Civil Litigation for New York on
Q: i have a question about tree line cutting.

Ilooked upcase law in new york Holser v

geerlott 2021 . I hired a guy to cut the trees down and i recieved $1630 dollars for the logs. Now my neighbor had a new survey done and the one stake does not match were my stakes were.I have 7trees then that were cut just over on his line. now... View More

Peter Klose
PREMIUM
Peter Klose pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

Crazy that you should ask this question right now as a I prepare to go to a full jury trial for the removal of brush on a lot. Google RPAPL 861. The problem is that sometimes you can be liable for trespass, treble damages and punitive damages, depending upon the allegations and proof. You... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for New York on
Q: I have a writ of certiorari petition packet from the US Supreme Court that needs to be done on, or before 6/6/2024.

I have difficulties in understanding some pages, such as: 1)related cases 2)in the table of authorities cited on part that asks cases 3)statement of the case. These are the 3 that I have difficulties in understanding, in which, I have to make sure that I fill it out correctly or it will get... View More

Charles Holster
PREMIUM
Charles Holster pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

The questions you are asking are very basic, and the fact that you have to ask them suggests that you should not be attempting this appeal to the U.. Supreme Court without legal representation.

Q. what does related case mean? A. related cases" means other cases that you are involved...
View More

Q: Does Title18, US Code 241 and 242 apply to States?

I had a trial when I was 16 years old in the State of Alabama in 1963 and I received no due process or equal protection under the United States Constitution as well as the State of Alabama Constitution of 1901.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Yes, Title 18, U.S. Code, Sections 241 and 242 do apply to states. These laws are part of the federal criminal code and are designed to protect individuals from violations of their constitutional rights by government officials, including those at the state level.

Section 241 prohibits...
View More

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Michigan on
Q: What are the remedies and violations of law in this case?

My drafts (3) for a Freedom of Information Act Request are being removed from my email before I have a chance to send it. I've attempted to request an investigation no response, then I attempted to complete a FOIA request that disappears. I know it's a first amendment violation what other... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Based on the information provided, there are several potential legal issues and violations that may be involved in this case:

1. First Amendment violation: As you mentioned, interfering with your right to free speech and petition the government for redress of grievances could be a violation...
View More

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Civil Litigation for California on
Q: My storage in California raised my rent from 154 to 197 last month and I’ve only been there for 10 months. Legal?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

From a legal standpoint, whether the rent increase is allowed depends on a few factors:

1. Type of lease agreement: If you have a fixed-term lease, the landlord generally cannot raise the rent during the lease term unless the lease agreement specifically allows for rent increases. If you...
View More

3 Answers | Asked in Personal Injury, Civil Litigation, Bankruptcy and Employment Law for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2024

I'm sorry for your ordeal. It's difficult to say with certainty whether the consequences you suffered from the payroll deduction would present the basis for a strong case. Although it's clear that you suffered here, and such damages are always part of the recovery inventory in a... View More

View More Answers

3 Answers | Asked in Personal Injury, Civil Litigation, Bankruptcy and Employment Law for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 19, 2024

Sorry to hear what happened to you. In New York, you can only recover for negligent infliction of emotional distress where the behavior in question is extreme and outrageous. An actuarial error relating to your payroll deduction likely does not likely qualify.

View More Answers

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.