Lawyers, Answer Questions  & Get Points Log In
California Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation and Contracts for California on
Q: Can I sue/file a lawsuit Expedia for not upholding their return policy, whilst insurance was purchased via their website

Was suppose to go to Rome from San Diego on 4/23. Paid $2055 with insurance for 2 people and hotel. I understand in the midst of covid-19 things are hectic... anyways they are only offering me $439 for the flights and roughly $780-$800 for the hotel. Which means I’m only getting back $1236 ish.... Read more »

Jason Kelly Smith
Jason Kelly Smith answered on Mar 31, 2020

I’d want more information about the what the contract says, but if you qualify for the 100% refund as you say then that is what you should get. This is the exact type of thing for which people buy travel insurance.

View More Answers

1 Answer | Asked in Civil Litigation for California on
Q: In 2017 West H&A LLC forged docs for ownership of our home, he was incarcerated on a lot of counts please help

We found out through squatters who got in contact with us that West H&A's owner Patrick Soria was incarcerated and had several Lawsuits against him for fraud, the squatters said he recently sold or transferred the home to Trinity Financial, is there any recourse that we may have to get our home... Read more »

Kenneth Sisco
Kenneth Sisco answered on Mar 31, 2020

Yes indeed. In California, a "forged" deed is "absolutely void;" even as to innocent parties who come after. If you are tricked into signing a deed, it is a different story, and it may not be so easy. But in my view, a lawsuit to "cancel" the forged deed would be a slam dunk. The deed holder... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Agricultural Law and Civil Rights for California on
Q: A farmer forced out of business gave the quad to my neighbor no bill of sale we hooked it up to a trailer to fight fires

We desperately need it this year but the sheriff's department took it because it wasn't registered in my neighbors name is that legal and no it wasn't stolen it was given to us by a farmer they had to go out of business and the sheriff's department did a search and seizure without a warrant and my... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 31, 2020

were you cited for it? or just confiscated?

more info needed.

though it probably should have been registered, if you went to court and presented this info to a judge i don't think you would be punished.

1 Answer | Asked in Divorce, Arbitration / Mediation Law, Civil Litigation and Legal Malpractice for California on
Q: Can an attorney without the approval of all parties change the terms of a signed mediated marital settlement agreement

After the mediated marital settlement agreement (MSA) was signed by all parties (enforceable pursuant to CCP 664.6) Without the approval of all parties Respondent's lawyer changed the terms of the original signed MSA, then presented the modified MSA as the original. In court Respondent counsel... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Mar 30, 2020

Probably, but it depends on the circumstances. Were there two attorneys? Was there any communication between them as to the change, either by phone or in writing? It looks like the problem got resolved by the court throwing both out and placing the parties in a pre-agreement situation. Best... Read more »

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Civil Rights for California on
Q: I sent carmax a letter of demand and sent the proof they ignore me when I send all of the proof

They do not email me back whenever I send they proof they ask me for ( trying to dodge the bullet and act as if they never received it) the contacts were manipulated and I don't know where I can find am attornery I have inquired online haven't heard back

Daniel Timothy LeBel
Daniel Timothy LeBel answered on Mar 23, 2020

Dear Consumer,

It is not unusual for a business, particularly a large corporation, to ignore consumer complaints. To protect your interests going forward, try to always communicate in writing. If you feel that you cannot get relief on your own, you should contact a reputable consumer...
Read more »

1 Answer | Asked in Estate Planning, Probate, Contracts and Civil Litigation for California on
Q: I need a attorney that’s willing to take a probate case as on pro bono or a contingency of 50/50 split

My mother died and I gave the will to my father who did not lodge it. He had me sign a contract that if I take action that he will stop my monthly stipend my mother set up before she died. After signing the contact I found that she had a trust but he nor the trust attorney will give me copies of.... Read more »

Naomi Stal
Naomi Stal answered on Mar 22, 2020

You probably need to clarify what you are hiring an attorney to do on your behalf. If you are claiming a right as a beneficiary in her trust then there were/are steps the Trustee of the trust had to take, including sending you some notices after your mom died as well as a copy of the trust. An... Read more »

3 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Lemon Law for California on
Q: Sold my car to carmax. They sold it. The new owner did a hit and run and it came back to me.

I traded in a fully paid off car went to carmax to trade it for a cheaper vehicle on insurance. I found a cheaper car and even recieve a check back because I still had positive equity balance. Few months, I thought my car was stolen as It was repossessed! I paid the 1300 to get it out. While trying... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Mar 19, 2020

Sorry for your issues. You will want to get in touch with a consumer protection attorney immediately for a full evaluation of your circumstances and options going forward.

View More Answers

1 Answer | Asked in Civil Litigation for California on
Q: Can I back out of my agreement to sell my home because of the pandemic with no penalties?
Gerald Barry Dorfman
Gerald Barry Dorfman answered on Mar 13, 2020

No. Assuming you have a binding written agreement of sale, you can not breach the agreement simply because there is a pandemic. What "penalties" would apply, and whether your agreement is actually binding, are things an attorney would need to review with you.

1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Wrongful Death for California on
Q: Can hotel staff enter your room to check and see if you are okay after another guest alerts staff that they were worried

My father died from complications from pneumonia after he was face first on the floor of his hotel room for 3 days. My dad's friend alerted the hotel staff that he was very worried about my dad and thought that they should open my dad's room and check on my dad. The hotel staff dismissed my dad's... Read more »

William John Light
William John Light answered on Mar 8, 2020

Possibly. Although, if there were concerns about your father's health, there was nothing stopping his friend from also calling 911. He didn't have to stop at calling the hotel front desk. As a result, there is likely a huge causation issue. Nevertheless, a consultation with a wrongful death... Read more »

4 Answers | Asked in Civil Litigation and Estate Planning for California on
Q: common law marriage and inheritance

My father passed away and left no will. He and my mother were divorced, and he lived with another woman for 18 years unmarried. There are a few small things I would like to have as keepsakes, and his vehicle was in his name alone. As his blood relative am I entitled to these few things? or is... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Mar 6, 2020

There is no common law marriage in California. She has no rights to his property.

View More Answers

1 Answer | Asked in Civil Litigation and Medical Malpractice for California on
Q: I have important questions. the problem is I have a brain injury. please be patient with me.

1st ? is How do I get help for my mom that is going for esophagus surgery to remove the cancer. The reasons why I need help in that is I need to make sure that she will be staying in the hospital for her recovering. The reason she need to stay in the hospital or some type of facility is that she... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 5, 2020

I hope everything works out for your mom with her surgery. I think that any facility that handles a surgery of that level would not be looking to rush her discharge. And if they are in a hurry to move her out to an acute care facility shortly after surgery, contact the social workers in the... Read more »

1 Answer | Asked in Civil Litigation, Collections, Foreclosure and Real Estate Law for California on
Q: I acquired a California home by Sheriff Sale (collecting on a money judgment). The judgment stated "Said judgment...

shall have priority over any interest affecting title to the specific real property located in San Bernardino County, California, recorded after March 17, 2005 and is described as follows..."

There were other liens on the property from March 17, 2005 to the date of the Sheriff Sale Jan 10,... Read more »

Louis George Fazzi
Louis George Fazzi answered on Mar 5, 2020

Your question shows why it is necessary to retain the services of a good lawyer. The practice of law requires a lawyer to examine the language of the statutes, and those related to the one in issue, and determine what your rights may be. This is the essence of the practice of law. I seriously doubt... Read more »

3 Answers | Asked in Criminal Law, Personal Injury, Admiralty / Maritime and Civil Litigation for California on
Q: 18USC2261a

Wondering what is meant by intent?

Stanley Dale Radtke
Stanley Dale Radtke answered on Mar 2, 2020

Here is the United States Code section in question:

18 U.S. Code § 2261.Interstate domestic violence

(a)Offenses.—

(1)Travel or conduct of offender.—

A person who travels in interstate or foreign commerce or enters or leaves Indian country or is present within...
Read more »

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Libel & Slander for California on
Q: Next door neighbor violates our Order of Protection against her. Talks her way out of any consequences every time.

We were granted an Order of Protection against our nxt door neighbor. She threatened to shoot and kill my wife. The Order is effective until July 2022. However figures out ways and executes any means to violate our Court Order. Everything from breaching the distance she is allowed to come within my... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2020

more info needed.

contact lawyer who assisted you on protective order or police or DA/s ofc that issued order with summary of facts

1 Answer | Asked in Civil Litigation for California on
Q: who is responsible financially and physically if your neighbors trees have overgrown, and come over the fence ?
George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 21, 2020

You may be able to trim the overhanging branches if it does not harm the health of or damage the tree, but first consult with a licensed arborist about what can be reasonably done.

If there is an issue of whether trimming is reasonable, try to work it out with your neighbor or you may need...
Read more »

1 Answer | Asked in Civil Litigation, Immigration Law and Traffic Tickets for California on
Q: My husband has a tourist visa and was working for a trucking company in the US and got a traffic ticket what do we do?

He is working for a trucking company in the US with no work permit he currently has a tourist visa and recently got a ticket. His court is coming up and we are unsure of what to do. Or how to go about it.

Adan Vega
Adan Vega answered on Feb 19, 2020

Your spouse appears to be unlawfully employed in the U.S.and should seek to obtain lawful status.

In regards to the traffic ticket, he can engage the services of an attorney to assist him with the traffic violation.

Good luck to you.

1 Answer | Asked in Criminal Law, Civil Litigation, Collections and Constitutional Law for California on
Q: Convicted of a crime I did not commit, I do have prison priors, +I'm on bail now. What should I do?
Dale S. Gribow
Dale S. Gribow answered on Feb 17, 2020

ASK THIS QUESTION OF THE LAWYER WHO REPRESENTED YOU AND WHO HAS ALL THE FACTS IN FRONT OF HIM/HER

1 Answer | Asked in Civil Litigation for California on
Q: What do you do when Plaintiff's are trying to get documents from Defendants website, and they cant get it.?

Defendants have a website, and that website is the only place the Plaintiff can get documents to support their complaint against Defendants. Defendants continuously state that Plaintiff's show no documentation of anything. Defendants have had Plaintiff's locked out of their account for years, and... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

You need to utilize the discovery process. You do not have to have a trial date set to start discovery. A Plaintiff can start discovery 10 days after the Complaint is served and up until the discovery cutoff date, which is a fixed number of days before trial. No trial date, no cutoff. If the... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: How do I get a attorney free for ilegal eviction? Utilities shut off and locks changed.
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

You likely will not find one for free. You may, however, be able to find one that will take your case on contingency. You want to look for a local tenant's lawyer and ask for a consultation.

1 Answer | Asked in Civil Litigation and Collections for California on
Q: I am looking for legal help in dealing with a defendant from which I collected a judgement a few years ago.

The defendant is harassing me to file an EJ-100 (in Alameda, CA) which she was not entitled to as she still owed about $1000. I decided to file the EJ-100 (but did not notarize the form) is it wasn't worth trying to collect the debt. Do I need a notarized version? She is demanding that I also... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

On number one, the ship has probably sailed on that. you don't generally get do overs in Court. If you do it wrong the first time, you have to live with the consequences. An appeal can be possible, but only if the Court erred, not if you did. As for the rest, follow the Court order. I can't... Read 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.