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California Civil Litigation Questions & Answers
Q: After filing writ of mandate with trial court, what do I file to get a court date?

I filed a petition, verification, and memo of points and authorities. They responded and I filed a response as well. How do I get a court date now? The court is telling me I need to file something else but will not tell me what. This is for a writ of mandate challenging a city's actions during... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Sep 28, 2022

Without knowing a lot more information, it would be very difficult for me to answer your question.

My experience is that when the court tells you to file an additional document, they usually tell you exactly what they want. So if you received some kind of notice from the court, I urge you...
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1 Answer | Asked in Civil Litigation for California on
Q: How can In Pro Per get a Search Warrant with Special Master assigned in unlimited civil case?

Both Legal and Medical professionals in the case I am working as In Pro Per have moved, hidden, altered documents essential to my case. It is necessary to get a Search Warrant with Special Master issued except DA and PD won't speak with me regarding processing the warrant. I am entitled to the... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

This is likely not the search of Mar-A-Lago, and regardless neither would apply in an unlimited civil case. You're going to need help from an attorney. Speak with one in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an... Read more »

2 Answers | Asked in Contracts, Business Law and Civil Litigation for California on
Q: Advice to sue Production company used our space without location release, caused criminal damage and harm to reputation
James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

More information is needed, but you could have a good case against the "production company." Speak with a local attorney regarding your options. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: Hello -- if somebody is serving on a jury but contracts COVID-19 while they are serving, what happens to the case?
James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

This is posed as a hypothetical, so I will address it as such. [There is nothing in the question indicating that you are a juror.] In response to the hypothetical, the juror should notify the court of the infection. [I litigate cases. Anything posted here must not be construed as legal advice, nor... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: Can a county clerk give the papers I dropped off for filing to a judge who then renders a decision without my knowledge?

I was attempting to get my papers filed to then serve on the other side. I dropped them off for filing. I was put off 3 days with the reason "they are not ready". When I explained I just wanted to have them filed to then serve the other side, they had no explanation. They gave them to a... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

It depends what it is. If you filed for a restraining order, then many counties will set a hearing re: temporary orders. I'd say however the most common practice is for the court to make a determination regarding issuing temporary orders based solely on the papers. Speak with a local attorney... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: I have been locked out if my Google account without explanation. I have tried to contact Google in everyway to no avail.

Google has NO email, phone, chat or other way of being contacted. I contacted an expert. He gave me an alternative way to contact Google that is virtually unknown and possibly disabled. I've now tried that twice (see the message below). I have my life's work under that Google account.... Read more »

James L. Arrasmith
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answered on Sep 23, 2022

No company is "too big" to sue.

1 Answer | Asked in Civil Litigation for California on
Q: My father in law passed away. The landlord emptied the house prior to my husband being notified of his death.
James L. Arrasmith
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answered on Sep 23, 2022

The landlord would need to notify the beneficiaries and give time for the beneficiaries to claim the property.

1 Answer | Asked in Civil Litigation and Municipal Law for California on
Q: I was denied Rent help from an organization because I didn’t look like she wanted a person. Asking for help to look l

I have been ignored have contacted the city of Santa Ana supervisor,congressman ,program supervisor other programs and nothing

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Different legal aid clinics have received grant funding recently to help those persons harmed by the pandemic. Maybe you should speak with a clinic in your area. If they can't help you, I'm sure they'll be able to connect you with local resources. Good luck. [I litigate cases.... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Civil Rights for California on
Q: I would like to start a civil case, which is the opposite of a small claims, a big case. How do I hire a lawyer?

I have been calling lawyers and no lawyer wants to take the case. Could I get the court to hire me a lawyer? How is it done? How can I get a lawyer that will take no money upfront, but takes money after the case has been won?

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

You're looking for an attorney who'll take your case on a contingency. You'll need to keep contacting lawyers to find someone to represent you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship.... Read more »

2 Answers | Asked in Civil Litigation and Contracts for California on
Q: Neptune Society had cremated my Dad - then an employee changed my Moms contract as to who had rights to disposition

Mom paid Neptune $2400 to cremate my Dad. I took her to their office, she signed paperwork where SHE was the surviving spouse who had rights to his cremated remains - my younger sister was asked by Mom to go to Neptune and "pick out " an urn for Dad. When she did this, she also had the... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 21, 2022

It sounds like there was some fraud committed in the changing of the disposition agreement. You have legal rights when someone commits fraud in such a situation. I agree that you should consult an attorney for a consultation as to what your legal rights/remedies are.

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1 Answer | Asked in Civil Litigation for California on
Q: Definition of short title
James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

It's the abbreviation of the case name. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Can a tow yard keep my leined car and remove parts or stereo equipment? ?

The car was impounded despite having a moving permit insurance and a failed smog certificate, the tow yard insisted that I could not remove aftermarket stereo that I personally installed which is detachable and not mounted to the vehicle and offered to sell back to me. They removed it. The tow... Read more »

James L. Arrasmith
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answered on Sep 17, 2022

Likely not. Towing laws are fairly strict and you should have the right to get your personal items out of the vehicle, including aftermarket items.

2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: We had a trespasser on our property and in an attempt to remove him he resisted.

We had a trespasser on our property and when we attempt to remove him he kept resisting. We had the key but he kept locking the door back up if we opened. My associate got angry and broke the door down. The trespasser fled out the back door. Is the trespasser entitled to any protections/is my... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 16, 2022

If the trespasser was injured when the door was kicked down, then yes, your associate may be liable for the injuries (your remedy should have been to call the police and let them deal with it). You should not be exposed to liability if you did nothing to injure the trespasser (unless you incited... Read more »

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2 Answers | Asked in Real Estate Law and Civil Litigation for California on
Q: My ex fiance and I co-own a home. If I move out am I still obligated to pay 1/2 of bills?

I own half of the house. He has made it so toxic that for my health I need to move out while he tries to get a loan to buy me out. I pay half of the loan we got for the house and I pay half the space rent. He says if I leave he will pay my half until he buys me out but I want something to protect... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 16, 2022

If you are on the loan as a co-mortgagee, then if he does not pay the full loan amount you are jointly liable to the lender for its payment. This is the case until you are taken off the loan by the lender.

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2 Answers | Asked in Real Estate Law and Civil Litigation for California on
Q: My ex fiance and I co-own a home. If I move out am I still obligated to pay 1/2 of bills?

I own half of the house. He has made it so toxic that for my health I need to move out while he tries to get a loan to buy me out. I pay half of the loan we got for the house and I pay half the space rent. He says if I leave he will pay my half until he buys me out but I want something to protect... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

More information is needed, such as what you mean by him being "toxic." [Don't share more here.] If he was being abusive, you may have been able to have sought a domestic violence restraining order requesting that he be required to move-out of the home. Anyhow, speak with a a local... Read more »

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1 Answer | Asked in Personal Injury and Civil Litigation for California on
Q: How is Kemper Ins liable for not covering default judgment of their insured? Insured failed to reply S&C after 26 days..

Def. In civil unlimited failed to respond to S&C after sheriff served. Def. Was insured by Kemper at time of PI auto collision. Def was cited for speeding in rearend accident. Kemper has stoned wall since onset of claim 2 years ago. Property damage and now PI . Filed suit prior to statute limit... Read more »

William John Light
William John Light
answered on Sep 16, 2022

Your prior question indicated that suit was against Kemper. If you brought suit against Kemper's insured, and gave notice to Kemper, that is another question. Kemper may have a defense to any indemnity obligation based upon coverage issues (failure to pay premiums, misrepresentations at the... Read more »

2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: Filing for "Court" default judgment on Civil Unlimited failure to respond to S&C after POS by Sheriff some 26 days ago

Filed Civ Unlimited in Pro Per against Kemper Insured Def. Adjustors stone wall forcing me to file, filed to preserve statutes of limitations. Kemper most likely dropped insured from renewing coverage since accident. Insured cited for speeding causing rear collision. Def. served by Sheriff, has... Read more »

William John Light
William John Light
answered on Sep 16, 2022

If Kemper is the insurer for the other driver, you have no right to sue them and you won't be able to get a Default Judgment. Even if Kemper was an appropriate defendant, you have to wait 30 days to file a Request for Entry of Default. Your lawsuit, if any, is against the driver of the other... Read more »

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2 Answers | Asked in Criminal Law and Civil Litigation for California on
Q: Can force be used to eject a trespasser in California?

Occupants who did not have a lease entered a property and refused to leave. Owner entered by breaking down door after trespassers refused entry. Are the trespassers entitled to any damages for the suffering caused by forcible entry? No bodily contact of anyone.

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 15, 2022

In CA, one is only legally entitled to use sufficient force to protect themselves based on the amount of force being used against them. If there is no force being used against them, and the trespassers are merely squatting, no force is permissible to be used against them. It sounds like they are... Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: I WANT TO MAKE PAYMENTS ON A CIVIL LAWSUITE THAT I LOST .THE AMOUNT OF 80000 PLUS INTEREST NEEDS TO BE PAYED .

I ATTEMPTED TO CONTACT THE PERSON THAT IS OWED THE MONEY AND THEY REFUSED PAYMENTS . THEN THEY SAID THEY WOULD ACCEPT A LUMP SUM OF 100000 DOLLARS .I NEED TO MAKE PAYMENTS OF AROUND 2000 A MONTH TIL PAYED OFF. THE STATE IS CALIFORNIA AND THE COUNTY IS SHASTA COUNTY.

Tim Akpinar
Tim Akpinar
answered on Sep 15, 2022

A California attorney could advise best, but your question remains open for four weeks. To offer meaningful direction, an attorney is going to ask to see the closing documents for the lawsuit. If you discuss your options with an attorney, ask them about a written release form (if you have not... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: i need a lawyer for suing the police for depriving me from a federasly protected activity of traveling
Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 13, 2022

You will need to provide some more information before an attorney will be able to evaluate whether to represent you in your case. What activity were you deprived of by the police, and how, when?

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