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California Civil Litigation Questions & Answers
3 Answers | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for California on
Q: If a morgage servicer reported inaccurate information to the credit bureaus can you sue them in court?

I have receipts for the payments. Guy reported inaccurate information. I’ve been denied two loans because of it. Guy harassed the hell out of me with phone calls and letters motivating me to sue the morgage servicer. FCRA and TCPA.

Pavel Kolmogorov
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answered on Jan 24, 2025

Absolutely. If you have proof (like receipts or bank statements) that you’ve been making your mortgage payments on time, but the servicer is still reporting late or missed payments, that can form the basis of a lawsuit under the Fair Credit Reporting Act (FCRA). The FCRA requires companies to... View More

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2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Litigation for California on
Q: A storage facility general manager internally removed me from my storage unit which I've been paying for over a year. He

listed me as "moved out" even though I have been paying my monthly fees and all of my things were supposed to be stored in there. Upon checking my unit just now, I found out my lock was cut off and my belongings were removed without any notification to me. They also moved in a new... View More

Pavel Kolmogorov
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answered on Jan 19, 2025

Start by gathering all relevant evidence, such as payment records, a list of missing items, and communication with the storage facility. Draft a demand letter to the storage facility management requesting the return of your belongings. Report the theft to the police. You may consider exploring your... View More

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2 Answers | Asked in Tax Law, Civil Litigation, Civil Rights and Federal Crimes for California on
Q: What area of practice should i search for a lawyer to help recover $25,000+ in over garnished funds?

In 2013 the tax authority began garnishing my paycheck for ‘unpaid income taxes’ that were paid by check TWICE. They continued through 2015, stopping at just over $25,000.

I called them and they stated that they have no record that i even filed for those years. They said dont worry... View More

Louis George Fazzi
Louis George Fazzi
answered on Jan 17, 2025

Look for a tax lawyer who is also a CPA. You may also need to work with a good civil rights lawyer, if you can't find a law firm which has both.

However, I should warn you that the statute of limitations has probably already expired, because you say that the garnishments ended in...
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2 Answers | Asked in Civil Litigation and Legal Malpractice for California on
Q: such recently discovered facts be added to reasons for compelling further responses? what statute defines that?

How exactly California Code of Civil Procedure Section 2031.310 allow party to compel further responses, including newly discovered facts in reasoning for compelling further responses? In other words - when new facts were discovered since discovery was propounded, that strengthen basis to compel... View More

Pavel Kolmogorov
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answered on Jan 15, 2025

You correctly identified the statute that governs motions to compel further responses to document requests (Section 2031.310). While the statute does not explicitly mention the use of newly discovered facts, it provides a framework for compelling additional responses when initial responses are... View More

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2 Answers | Asked in Civil Litigation for California on
Q: If a party answers with objection only to production demand, is it required to provide statement of inability to comply?

If a party answers with objection only to production demand, is it required to provide statement of inability to comply?

Pavel Kolmogorov
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answered on Jan 15, 2025

The party to whom the CCP § 2031.010 demand is directed must respond separately to each item in the demand by one of the following: (1) Agreement to Comply: State that you will comply with the demand by the date specified for inspection (2) Objections: You can object to all or part of the demand.... View More

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2 Answers | Asked in Business Law, Civil Litigation, Copyright, Criminal Law and Intellectual Property for California on
Q: Are the notes you write down in the notes app on iPhones considered public information? Let’s say a developer

for example- he wrote the code for a smart contract that lets you buy and sell and store energy in a decentralized environment that connects all Tesla vehicles then a couple weeks later the guy is watching YouTube and comes across a video that talks about how Elon musk has been secretly working on... View More

Pavel Kolmogorov
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answered on Jan 10, 2025

Notes stored in the Notes app on an iPhone are not considered public information. They are typically protected by the phone's passcode and the user's iCloud account security. The situation you described raises concerns about the potential misappropriation of intellectual property, but it... View More

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2 Answers | Asked in Civil Litigation and Legal Malpractice for California on
Q: Can reasons why further responses to discovery have to be provided be supported by facts obtained since propounding?

Can reasons why further responses to discovery have to be provided be supported in the Separate Statement by new facts, obtained since discovery was initially propounded?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 10, 2025

This answer assumes you are asking about the reasons provided in the separate statement accompanying a motion to compel. There is no legal or logical reason to exclude such facts. The purpose of the statement is to highlight for the judge why responses/further responses should be compelled. It is... View More

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3 Answers | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for California on
Q: Hired a tax firm that claims to help consumers reduce IRS debt for flat fee. They didn't reduce or save us anything.

They first advised we owed the IRS about $50k and tried to get more money from or they would stop working on our case. At end we now owe about $90k to IRS. They didn't reduce anything and debt increased. Is there any legal action I can take besides filing compaints with CFPB or FTC?

Pavel Kolmogorov
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answered on Jan 9, 2025

Yes, you may have legal recourse beyond filing complaints with the CFPB or FTC. Potential claims may include breach of contract, fraud, and violations of consumer protection statutes. If the tax firm failed to provide the services promised under your agreement, you likely have a breach of contract... View More

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2 Answers | Asked in Bankruptcy and Civil Litigation for California on
Q: I filed chapter 13 bankruptcy to stop foreclose on my home, my ex filed to have the automatic stay lifted as a creditor?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 9, 2025

Orders of a domestic relations (non-bankruptcy) court, and support and property division items therein, are often entitled to great weight by bankruptcy courts. The seeming key about divorce-court-created debt obligations seems to be whether any such payment is "support" or... View More

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4 Answers | Asked in Divorce, Family Law, Personal Injury and Civil Litigation for California on
Q: Discovery Responses: Motion to Compel vs. Motion to Exclude Evidence

During Divorce, the Ex's counsel requested financial and tax documents in discovery. I provided a Dropbox link in my verified responses. Now, 50 days later, they threaten to file a Motion to Compel Further unless I send the link again within one hour. I informed them that the 45-day deadline... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 4, 2025

Expanding on Mr Light’s response, it sounds like counsel made no effort to try to open that link up to 50 days after you provided it. Why? Why not let you know sooner that the link allegedly didn’t work? You cannot move to exclude evidence until after the party has violated a court order... View More

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4 Answers | Asked in Divorce, Family Law, Personal Injury and Civil Litigation for California on
Q: Discovery Responses: Motion to Compel vs. Motion to Exclude Evidence

During Divorce, the Ex's counsel requested financial and tax documents in discovery. I provided a Dropbox link in my verified responses. Now, 50 days later, they threaten to file a Motion to Compel Further unless I send the link again within one hour. I informed them that the 45-day deadline... View More

William John Light
William John Light
answered on Jan 4, 2025

The deadline to move to compel is an order to compel a Response or a Further Response. You are being faced with a Motion to Compel Production of Documents. There is no deadline to move to compel where the responding party does not actually produce the promised documents. Your link allegedly did... View More

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3 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Litigation for California on
Q: Partial Discovery Responses: Motion Options After 50 Days

If my ex sent 10 discovery questions (1-5 asking for financial documents and 6-10 general written questions), I provided verified responses for all 10, with written answers for 6-10 and for 1-5, I wrote "See Dropbox" and shared an Onedrive link via email. Now, 50 days later, my ex claims... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 2, 2025

To compel further responses to discovery, the moving party must file the motion within 45 days (plus 5 additional calendar days if the responses were served by USPS) to file their motion. There is a meet and confer requirement that must be satisfied before the motion is filed. If your ex waited... View More

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6 Answers | Asked in Criminal Law, Libel & Slander, Personal Injury and Civil Litigation for California on
Q: what type of attorney sues for premise liability, intentional infliction of emotional destress, assault and battery.

I was attacked by security guards at a restaurant, the same guards stalked me for over a year(have it documented in photos and videos the lawsuit would be intentional infliction of emotional destress, premise liability due to being assaulted and battered at their establishment. Defamation is a... View More

David W Gammill
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answered on Dec 9, 2024

A personal injury attorney. When selecting a personal injury attorney, it’s important to assess their expertise, approach, and compatibility with your needs. Here are three good questions to ask:

1. What is your experience with cases similar to mine?

This helps you understand if...
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6 Answers | Asked in Criminal Law, Libel & Slander, Personal Injury and Civil Litigation for California on
Q: what type of attorney sues for premise liability, intentional infliction of emotional destress, assault and battery.

I was attacked by security guards at a restaurant, the same guards stalked me for over a year(have it documented in photos and videos the lawsuit would be intentional infliction of emotional destress, premise liability due to being assaulted and battered at their establishment. Defamation is a... View More

William John Light
William John Light
answered on Dec 9, 2024

An important question for you to answer when speaking with any attorney is, if those security guards were stalking you for over a year, why were you at that restaurant? Presumably, the security guards worked there. Security guards do not roam freely. They are typically assigned to a particular... View More

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4 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Personal Injury for California on
Q: PLEASE HELP! A HARDWARE STORE ACCEPTED A RETURNED USED BLACK MOLD TEST KIT. RESTOCKED ON SHELF AND SOLD TO ME.

My father and I first time using one opened in car and came subject to tons of unknown spores. I went to hospital that night I couldn't breathe. Next day called store manager told me he would call me on 10 mins after fetching from return box. I didn't get a call for 7 hours and was... View More

William John Light
William John Light
answered on Dec 5, 2024

Unless the store knew that the kit had been used and contained "spores", it was the victim of an unscrupulous return. Perhaps, a strict products liability theory gets you past that hurdle. You then have to prove that your breathing issue was caused by the "spores". Testing on... View More

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3 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Legal Malpractice for California on
Q: I have a case where I was rear ended by a drunk driver who was driving another persons car. This happened on the highway

Causing me to flip multiple times and get tboned by a 16 wheeler. I was rushed to the hospital and was found to have major injuries to my spinal cord with multiple contusions to my neck and back. I’m In pain everyday and can’t get the medics, attention I need because of this major setback which... View More

William John Light
William John Light
answered on Nov 23, 2024

It sounds like your lawyer got you the policy limit of the drunk driver. It sounds like the semi truck driver isn't at fault, although if he left the scene that is suspicious. Nevertheless, if the semi driver can't be found, what do you want your attorney to do? He got all of the... View More

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3 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: If im having issues finding a lawyer does that mean I'm being ignored on purpose, or what would be the issue?

I've communicated to multiple parties on and off for probably a year and don't have any proper representation or assistance other then the cal bar website..

Robert Kane
Robert Kane
answered on Nov 20, 2024

If you are being ignored or turned away the most likely reason is you don't have a viable case. Law firms are businesses that are profit driven. You don't state whether you are willing to finance the litigation, but I would guess not. Quite simply, prepare a clear and concise statement of... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: I was wrongfully accused, deprived of due process and had major loss due to it. Can i sue county? All charges dropped

I bailed out was told by county clerk i had no case after going to court, fast forward 2-3 years no notice i get pulled over arrested and had to post bail again, $9000 and $7000, lose my job due to arrest, find 2 jobs after but cannot pass background check. Kost all my benefits, license because I... View More

Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2024

Yes you can. You have remedies available under state and federal law, and I urge you to take advantage of them. You'll need a competent lawyer with the education, training and experience necessary to properly represent your interests. S/he should be a lawyer for the people, who seek to protect... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Collections for California on
Q: Hello I have an issueMy ex girlfriend is having a trial case in January for malpractice surgery

I 100% supported everything financially and have endured debt on it and still to this day pay it

We are not together anymore and the plan was if she wins debt is owed back to me

That was a verbal agreement but I’m afraid since our fallout in the relationship she will not pay... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

Putting the agreement on paper will be helpful, because if you have to sue her the written agreement should make it a breeze for you to win your case. However, the written agreement itself does nothing to make her pay up - making her pay will require her voluntary compliance or else a court... View More

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4 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: Are there civil litigation attorneys that work pro bono or on a contingency fee? If so, could you recommend one, please?

I was brutally attacked by neighbor's pit bull that ripped both my arms open, and I was hospitalized for 3 days. Within hours of me being attacked my boyfriend contacted an attorney (Wilshire Law firm). I was less than impressed with their service - they dragged things out for several months,... View More

William John Light
William John Light
answered on Oct 16, 2024

No, you cannot sieze the neighbor's property. At most, you can get a money judgment, and then record that judgment with the County Recorder's Office. If the property is sold within the next 10 years, then you would be paid from escrow. The judgment expires after 10 years, but could be... View More

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