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California Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for California on
Q: If you are currently in a contract to pay off a property, the end date is still a yr off can you hold payment till then?

Hi, sorry I ran out of letter within my question. I will do my best to explain and I am asking on behalf of my aunt.

My aunt is currently in a contract to pay off the property where she resides in currently, the end of that is in Feb 2024. The constricts of the contract state that payment... Read more »

James L. Arrasmith
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answered on Jun 1, 2023

Whether or not the person who gave the loan can sell the property and evict your aunt before the end of the contract depends on the terms of the contract. If the contract does not allow for early sale or eviction, then the person who gave the loan cannot do either of those things. However, if the... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: In an unlawful detainer jury trial for nuisance the jury said I did not violate or breach my lease and refused to answer

#3 that asked if I breach my lease, and they answered also that I was retaliated against for exercising my tenant rights but the Judge still evicted me from my SRO ? So if I didn't breach my lease and I was retaliated against for exercising my tenant rights then was that wrong to evict me ?

James L. Arrasmith
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answered on May 31, 2023

It sounds like you were in an unlawful detainer trial for nuisance, and the jury found that you did not violate or breach your lease. However, the judge still evicted you from your SRO. This is a confusing situation, and it is not clear why the judge would evict you if the jury found that you did... Read more »

1 Answer | Asked in Divorce, Animal / Dog Law and Civil Litigation for California on
Q: Family dog dies.Couple is going thru divorce. She choice cremation, he flips and wants to bury in spite.

Such a long story. It’s like a sad custody situation. Mom did everything for dog, father pretty much only provided. Mom didn’t consider at the time Fathers feelings on what should be done. She informed him and he goes nuts and wants to bury the animal in spite. Mom tries to explain with... Read more »

James L. Arrasmith
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answered on May 31, 2023

I'm so sorry to hear about your family's dog. It's always difficult to lose a pet, and it's even more difficult when a couple is going through a divorce.

In this situation, it sounds like the mom and dad have different ideas about what to do with the dog's remains....
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2 Answers | Asked in Family Law and Civil Litigation for California on
Q: Can a subpoena duces tecum for production of documents be requested after a civil trial has started in the State of CA
Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Yes. But your question is not very clear. Is this your situation? Do you want one or were you served with one? Go to the Superior Court website for the court you are in and look for the "forms" tab. Judicial Council forms, Subpoena duces Tecum and accompanying declaration. This is a... Read more »

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2 Answers | Asked in Family Law and Civil Litigation for California on
Q: Can a subpoena duces tecum for production of documents be requested after a civil trial has started in the State of CA
James L. Arrasmith
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answered on May 29, 2023

In the State of California, it is generally possible to request a subpoena duces tecum for the production of documents during an ongoing civil trial. However, it is important to note that the timing and specific procedures for requesting a subpoena may vary depending on the court rules and the... Read more »

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2 Answers | Asked in Civil Litigation and Small Claims for California on
Q: If I ask somebody to hold my money and they lost it are they responsible? And can they go to jail?
Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

You get the typical attorney answer: It depends. Was this a professional relationship? Was there a bailment? What were the terms under which this person was holding your money? If you gave it to a homeless person on the street, probably not. Your brother, probably not. A bank? You may have a... Read more »

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2 Answers | Asked in Civil Litigation and Small Claims for California on
Q: If I ask somebody to hold my money and they lost it are they responsible? And can they go to jail?
James L. Arrasmith
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answered on May 29, 2023

If you ask someone to hold your money and they subsequently lose it, their responsibility and potential legal consequences depend on the specific circumstances and any agreements that were made. If there was a written or verbal agreement outlining their responsibilities and duty of care towards... Read more »

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2 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Legal Malpractice for California on
Q: What do i do next if I fire my attorney during settling and in litigation? i want to rep myself whats my next step

my attorney was near settling my case during litigation when i discovered forged signatures while my original firm transfered my case to them. I want to negotiate myself with the insurance company because i was defrauded when my claim was transfered and i was never aware of it. as well as all the... Read more »

James L. Arrasmith
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answered on May 29, 2023

If you have decided to represent yourself after firing your attorney during settlement and litigation, there are steps you can take to navigate the situation. Firstly, thoroughly review the details of your case and familiarize yourself with the relevant laws and regulations. Document any evidence... Read more »

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3 Answers | Asked in Landlord - Tenant, Small Claims and Civil Litigation for California on
Q: If sue a landlord in small claim court in Ca and fails to get the full remedy, could I sue the landlord in civil court?

The case is about Landlord's harassment, discrimination (based on race) and breach contract by denying access to (a certain part of) the property, reducing services in retaliation to our report of sexual harassment by another tenant, bullying us with landlord's law firm... that caused... Read more »

Robert Kane
Robert Kane
answered on May 26, 2023

If you sue in small claim court and fail to get the full remedy, you couldn't sue for more or again in civil court. As you are aware, the limit in small claims is $10,000. Therefore, the judgment would be your full remedy with that limitation. A lawsuit contains all causes of action from the... Read more »

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3 Answers | Asked in Landlord - Tenant, Small Claims and Civil Litigation for California on
Q: If sue a landlord in small claim court in Ca and fails to get the full remedy, could I sue the landlord in civil court?

The case is about Landlord's harassment, discrimination (based on race) and breach contract by denying access to (a certain part of) the property, reducing services in retaliation to our report of sexual harassment by another tenant, bullying us with landlord's law firm... that caused... Read more »

James L. Arrasmith
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answered on May 29, 2023

In California, small claims court is generally limited to cases seeking monetary damages up to a certain threshold. If you choose to sue your landlord in small claims court and do not receive the full remedy or any remedy for the damages claimed, you may have the option to file a separate lawsuit... Read more »

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3 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: how to introduce evidence into court

which documents needs to be filed

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 24, 2023

There are specific rules and procedures for this which unless you are in a Court which allows a relaxed application of the Rules of Evidence, then you will need to follow those rules and procedures. Depending on what the evidence is in whch you seek to introduce often times determines what is... Read more »

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3 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: how to introduce evidence into court

which documents needs to be filed

James L. Arrasmith
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answered on May 25, 2023

To introduce evidence in court:

Familiarize yourself with the rules of evidence in your jurisdiction.

Identify relevant evidence to support your case.

Organize and label the evidence as exhibits.

Consider filing pretrial motions to address any evidentiary issues or...
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2 Answers | Asked in Business Law and Civil Litigation for California on
Q: A former business partner put our checking account in 12k of debt and will not return my attempts at contacting him.

I started a business with a friend, with no contracts between us. I stopped doing business with him, but there was a debt on a CC I opened for the business that he put on there without my approval and was slowly paying it off using the joint business checking that he continued to use for the... Read more »

Robert Kane
Robert Kane
answered on May 22, 2023

It appears you have a general partnership. "A California GP must have two or more persons engaged in a business for profit. Except as otherwise provided by law, all partners are liable jointly and severally for all obligations of the partnership unless agreed by the claimant. Profits are taxed... Read more »

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2 Answers | Asked in Civil Litigation for California on
Q: I HAVE CIVIL CASE LAW SUE ADA THIS LAWER IS SUING HUNDREDS OF BUSINESSES WHAT CAN I DO I HAVE A SMALL BUSINES IN LA

CASE # 23STCVO8181

Maurice Mandel II
Maurice Mandel II
answered on May 21, 2023

Although your description is incomplete, I gleen that what you are saying is that as a small business, you have been sued by a physically disabled person in Federal Court over what is called an ADA access case. Thousands of these are filed every year and the attorneys that specialize in this... Read more »

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2 Answers | Asked in Civil Litigation for California on
Q: I HAVE CIVIL CASE LAW SUE ADA THIS LAWER IS SUING HUNDREDS OF BUSINESSES WHAT CAN I DO I HAVE A SMALL BUSINES IN LA

CASE # 23STCVO8181

James L. Arrasmith
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answered on May 22, 2023

If you have received notice of a civil case filed against your small business under the Americans with Disabilities Act (ADA), it is crucial to consult with a qualified attorney who specializes in ADA compliance and defense. They can provide you with guidance specific to your case, help you... Read more »

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1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Libel & Slander for California on
Q: An LA Sheriff's Deputy gave my ex my new address. He tried 2kill me, sent me a text I have to pay him if I want peace

The staff@ Fred Brown Recovery had no right 2 abuse the trust given 2 their organization by the public 2 get a deputy 2 do what he did. My ex called and texted me about it & tried 2 blackmail me & told me I have to pay him if I want peace. He tried to kill, he's snuck up behind me in... Read more »

James L. Arrasmith
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answered on May 19, 2023

I'm really sorry to hear about the difficult situation you're facing. It sounds like you are dealing with serious threats and abuse from your ex, as well as concerns about the actions of Fred Brown Recovery (FBR) and a deputy from the LA Sheriff's Department. Given the severity of... Read more »

3 Answers | Asked in Civil Litigation and Personal Injury for California on
Q: Any recourse for a tree trimmer that entered my yard, cut a tree, scared my wife, left gate open while rushing away?

My neighbor hired a tree trimmer to cut down a tree in their yard. Tree trimmers walked around to our side gate, opened our gate, entered our yard, cut down one of our palm trees 20 feet away from the fence line, inside of our yard, left the tree laying in our backyard, broke a sprinkler when it... Read more »

Adam Stoddard
Adam Stoddard
answered on May 16, 2023

I would suggest first getting the name of the contractor from your neighbor if you do not already have it. You can either reach out to the contractor directly or hire an attorney to do so on your behalf. Most of the time you will get more traction if an attorney is sending a demand letter on your... Read more »

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3 Answers | Asked in Civil Litigation and Personal Injury for California on
Q: Any recourse for a tree trimmer that entered my yard, cut a tree, scared my wife, left gate open while rushing away?

My neighbor hired a tree trimmer to cut down a tree in their yard. Tree trimmers walked around to our side gate, opened our gate, entered our yard, cut down one of our palm trees 20 feet away from the fence line, inside of our yard, left the tree laying in our backyard, broke a sprinkler when it... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 16, 2023

You may be able to recover up to three times the value of the tree plus attorney fees, and property damage for the sprinkler and fence, as well as damages for trespass. You are more likely to be satisfied with the result if you have a knowledgeable and aggressive attorney representing you. Start... Read more »

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2 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Small Claims for California on
Q: I received restitution from a criminal vandalism case. Can I take them to small claims after for more in California

The person who vandalized my car paid the restitution. However I want the owner of the vehicle (business) to compensate me in small claims. Is this possible?

James L. Arrasmith
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answered on May 12, 2023

Yes, it is generally possible to pursue a small claims case against the owner of the vehicle (business) for additional compensation, even if you have received restitution from a criminal vandalism case. Ensure your claim falls within the small claims court's jurisdiction and gather evidence to... Read more »

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1 Answer | Asked in Civil Litigation, Small Claims and Criminal Law for California on
Q: How long do you need to hold on to your ex boyfriends items in the state of California?

I have a criminal protective order and a restraining order against. There was an immediate move out order in the emergency protective order, but not in the subsequent orders because he did not live with me, but had a lot of items. When he was arrested, the police came back to my house and we put... Read more »

James L. Arrasmith
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answered on May 11, 2023

In the state of California, when it comes to holding on to your ex-boyfriend's items, it is generally advisable to follow a reasonable course of action to ensure compliance with the law and protect your own interests.

Given the circumstances you described, where you have a criminal...
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