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California Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for California on
Q: NEED LABOR ATTORNEY EXPERIENCED WITH WRONGFUL TERMINATION BY UNIONS AND EMPLOYER. ALL BARGAINING AGREEMENTS HAVE ENDED.

I WAS EMPLOYED AT UNION PACIFIC RAILROAD FOR 23 YEARS AND TERMINATED ON FEBRUARY 21, 2020. UNIONS NEGLIGENCE REMOVED ME FROM UNION MEMBERSHIP ROSTER IN VIOLATION OF MY UNION RIGHTS AND UNION BYLAWS AND CONSTITUTION. UNIONS AND RAILROAD EMPLOYER CONSTRUCTED MY TERMINATION BY BLAMING ME FOR... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 28, 2020

Very sorry to hear about this kind of treatment of a long term employee. I handle employment law but not Labor/Management relations, which is what you are speaking about. The law involved is the LMRA, a Federal Law and you will need to file a lawsuit called a "DFR" case in Federal... Read more »

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Litigation for California on
Q: A party provided false statements in a declaration in connection to a motion, what objections can I use?

A party provided false and misleading statements in connection to an anti-slapp motion. I intend to file objections certain parts of the declaration that are false and can prove it. What objection can I use under Evidence Code or any other codes?

Shawna Murray
Shawna Murray answered on Oct 24, 2020

You can object to each individual statement in numerous different ways. I highly recommend that you consult with an attorney to help you present the best responses.

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1 Answer | Asked in Real Estate Law, Civil Litigation, Collections and White Collar Crime for California on
Q: How many days should elapse would be considered abandonement of claim for filing motion for attorney fees and costs?

This pertains to a plaintiff with no legal standing represented by an aiding and abetting attorney.

Maurice Mandel II
Maurice Mandel II answered on Oct 24, 2020

Now you are mixing sausage and vanilla ice cream. Attorneys don't "aid and abet" that is language for Criminals. The answer is the same, check the rules of court and the Code of Civil Procedure.

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2 Answers | Asked in Real Estate Law, Civil Litigation and Collections for California on
Q: How many days for filing motion for attorney fees would be considered abandonement of claim?
Maurice Mandel II
Maurice Mandel II answered on Oct 24, 2020

You are mixing apples with meatballs. There are rules of court and statutes regarding the timing for filing a motion for attorney's fees, or the judge could set a special time schedule on request. You can look these up on the internet, they are available to the public. If these are missed... Read more »

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1 Answer | Asked in Civil Litigation, Consumer Law and Products Liability for California on
Q: Is it common today for mass tort law firms to bill the client for interest charges they accrue to work the clients case?
Maurice Mandel II
Maurice Mandel II answered on Oct 23, 2020

Without additional information this is very difficult to respond to. A lot depends on the retainer agreement. Maybe its ok, maybe not. What if they have to spend $50,000 for deposition costs and it requires financing at 10% for 5 years. Should the law firm just eat the $25,000 in financing... Read more »

1 Answer | Asked in Civil Litigation, Collections and DUI / DWI for California on
Q: Can I get access to information about how much money various state agencies have collected from a felony DUI offender?

I was a victim of a felony hit and run drunk driver. He rear ended me on the freeway while I was going 65 mph causing injury. The county commanded custody of restitution payments. I was awarded around $7k in a court order. The county has sent me two payments over a 12 year period totaling about... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 23, 2020

Why would the State of California collect "child support, etc.?" Generally that is paid to the person caring for the child. Maybe a person in your other category "Civil Litigation/Collections" can shed some light on this for you.

2 Answers | Asked in Civil Litigation for California on
Q: Questions are at the end. Thanks in advance.

Court Judgement;

The court finds in favor

of Plaintiff on his breach of contract claim against Defendant in the amount

of $126,000.00 .

Prejudgment interest at the contract rate is awarded and shall be calculated from November 20, 2017.

Costs to be... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 22, 2020

1. Not until the Judgment is entered. A notice of entry of judgment should also be served and filed.

2. Defendant can file the claim anytime but possibly best to wait until Judgment is entered.

3. Will the Plaintiff sign a partial satisfaction for the amount?

You paid...
Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: My friend was going to buy a boat for 12000. He gave 8/12 and The guy won’t give him the boat or the 8000 back

This is all back-and-forth via text message. About 20 pages worth. Plus it was a wire for the 8000 the man acknowledges receipt and clearly states that it’s for this boat

Maurice Mandel II
Maurice Mandel II answered on Oct 22, 2020

Small Claims has jurisdiction up to $10,000, and this is the easiest and fastest way to get a judgment against the man who is breaching the contract. Your should learn from your friends mistake that you don't part with your money without a written agreement. When he goes to trial, tell him... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: During a Trial Defendant asked Judge "Plaintiff is lying and I can prove it But Judge didn't allow Defendant to proceed.

Judge made a judgment against Defendant. Is there any way to apply for an objection to Superior Court? Thanks.

Maurice Mandel II
Maurice Mandel II answered on Oct 21, 2020

Depends on the kind of trial you had. If Small Claims, as the defendant you have a right of appeal and a trial de novo. You would know what the lies were going to be ahead of time and have the proof ready for the new trial. Without seeing the court records it is not possible to give you an... Read more »

1 Answer | Asked in Civil Litigation, Domestic Violence and Landlord - Tenant for California on
Q: Is the Restrained person in a DV - TRO in Contempt if they serve a Notice to Quit & move out to a Protected person?

Oct 15, 2020, a Restrained person in a DV - TRO (Domestic Violence Temporary Restraining Order) has served (via separate Lawyer from DV-TRO ) a written 30 day "Notice to Quit & move out (deliver up the possession) to a Protected person via the DV - TRO.

DV - TRO states that the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 21, 2020

Hmmm, you need to discuss this with your DV attorney or get one if you don't have one. You are telling two tales here. First you say the Restrained Person (RP) served you with a "Notice to Quit" and then you say that they did it through a different attorney. Well, either they did... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: The judge ordered me to pay sanctions. My financial situation has changed bc of COVID. What can I do?

CA - I had a fee waiver originally. It was my first motion that I have ever submitted. I tried to submit a motion for reconsideration but I left out the affidavit. The judge told me to work with out a payment plan with the other attorney. The attorney is waiting money that I don't have. They... Read more »

Yelena Gurevich
Yelena Gurevich answered on Oct 19, 2020

It sounds like you are being sued and within that lawsuit something happened that caused the court to issue sanctions against you. Since you are having financial issues, I highly recommend you speak to a bankruptcy attorney.

1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Landlord - Tenant for California on
Q: Does occupying a mobilehome in a park for a substantial amount of time with no objection from management create tenancy?

I began to occupy a mobilehome, that I later purchased, for approximately 5 months prior to denial of my application to rent the space. I notified management of my occupancy, in person, in February and received no objection until August, 2 months AFTER denial of my application in June, and in... Read more »

Kenneth Sisco
Kenneth Sisco answered on Oct 17, 2020

There are property rights that can be gained through the concept of "Adverse Possession," but these rights take years, not months. I don't see how the management company can force you to move out of a motorhome that you own, but without a lease, it can certainly force you to move the motorhome.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for California on
Q: Can the oral argument in the prior appeal be cited to support an argument in the subsequent appeal in the same case?

In the prior appeal, the defendants conceded a point. Based on that concession, the appellate court reversed and remanded. Post remand, the defendants argued the identical point and the trial court again sided it with them and dismissed the case based on the same issue that the appellate court... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 16, 2020

First, I am not a California lawyer. That being said, was the "law of the case" argued before the trial court on remand? I would think that that doctrine applies here. But I can see how oral argument in the prior appeal could be cited in the current appeal, so I think the answer is "yes."

2 Answers | Asked in Business Law and Civil Litigation for California on
Q: Hi, can a customer sue us for asking him to wear a mask?

We are a franchise restaurant located in Ladera Ranch Orange County California.

One customer came to our restaurant without the mask, so we asked him to cover his face.

He refused it due to medical condition. we never forced him to wear it, but asked him to place the order online.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 13, 2020

IMO you did not do anything wrong. There are Executive orders in place in California for people just like this person to wear a mask, especially in an establishment that serves food. He just does not want to wear it. If he has such a condition that he cannot wear a mask, he should provide you... Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: What provisions of federal law are violated by libelous publication in the deformation process?
Maurice Mandel II
Maurice Mandel II answered on Oct 9, 2020

As provided by the U.S. Constitution, Federal law is restricted to issues within exclusive Federal Jurisdiction and everything else is reserved to the states. Which is why there is no Federal Civil Code. Libel and Defamation are claims under State Law and are within the California Civil Code. So... Read more »

1 Answer | Asked in Animal / Dog Law and Civil Litigation for California on
Q: Can I steal my dog back from a person who stole my dog if he is in public walking him?

I bought a dog for my Girlfriend as a Christmas present, but she wasn’t able to take full custody of the dog because she was unable to have the dog at her house, so we shared the dog. The day I purchased the dog, the breeder mentioned to me if I have issues housing him or if I did t want him... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 7, 2020

You should file a Small Claims action in San Diego (where the Defendant is) for damages and for the return of the dog. The word for "theft" in civil court is Conversion.

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2 Answers | Asked in Civil Litigation for California on
Q: can plaintiff make changes to any parts on a complaint with leave to amend to certain causes?

whenever court sustain a demurrer with leave to amend as to certain causes of actions demurred by one of the multiple defendants, for example 4th and 5th causes of actions on the complaint is sustained with leave to amend, does that mean plaintiff can ONLY makes changes to the 4th and 5th causes of... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Oct 7, 2020

You probably aren't getting responses to your question because it is almost impossible to answer that question with the limited amount of information given. You should sit down with an attorney and have a consultation to get more specific answers.

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1 Answer | Asked in Civil Litigation for California on
Q: Can I refile the same case in small claim court the judgement is incorrect or legally wrong did not apply the law

The judge did not apply the law to the evidence in the right way. I want to refile again the same case is this legal? The case is only Money Damages for Excessive Noise-unlawful which is prohibited in our area Loma Linda Ca. I File the SC-108 to cancel judgement. But the judge denied. The... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 6, 2020

Welcome to the world of litigation. You file your case, give it your best shot at trial and for one reason or another the judge does not agree with you, and you lose. In small claims, plaintiffs have no right to an appeal. The decision is a bar against you refiling the same case and you could... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: Can you sue a life insurance company if they cash a policy with your name on it ?? My older brother cashed it some how!!

It happen 12 years ago it was my mother policy!!

San Diego CA

Maurice Mandel II
Maurice Mandel II answered on Oct 6, 2020

You posted this same question twice, unless there was an outbreak of older brothers cashing in mom's insurance policy where lil brother was the beneficiary 12 years ago. Please see my other answer.

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1 Answer | Asked in Civil Litigation for California on
Q: My mother had a life insurance policy and I was sole benefactor. But my older brother cashed it. Can I sue the insurance

San Diego CA 12 years ago and know he wants to give money and have me sign papers!

Maurice Mandel II
Maurice Mandel II answered on Oct 6, 2020

If you file suit, you should hire an attorney. He will advise you who to sue. The problem is that unless the running of the statute of limitations was "tolled" or stopped from running out, 12 years is a very long time to wait to bring a claim. Depending on what your brother is offering... Read more »

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