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California Civil Litigation Questions & Answers
1 Answer | Asked in Animal / Dog Law and Civil Litigation for California on
Q: I won my civil case, what's next?

So after the judge made his judgement. He said my ex had until the end of the month to return my dog. What happen is she doesn't return my dog or what steps can i take to enforce the judgement?

Dan Rowan Cortright
Dan Rowan Cortright
answered on May 20, 2022

If she does not return your dog, you may apply to the court for an order of contempt (i.e. that she did not comply with the court's order) and serve it on her. There will be additional legal penalties imposed on her for doing so.

1 Answer | Asked in Civil Litigation and Libel & Slander for California on
Q: Can a person be sue someone for defamation of caretor if they send you pictures of your son dead & call u a killer.
John Karas
John Karas
answered on May 11, 2022

It depends. If pictures of your dead son and message that you're a "killer" were only sent to you, that's not defamation unless it was "published" (sent to other persons). Also, be aware that if you display or otherwise disseminate the pictures and message to someone... Read more »

2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: I am owed money by someone getting a settlement. Is there a way I can confirm this person is getting that settlement?

I was devastated by someone claiming that she will right everything when she receives a substantial settlement coming to her. For one thing, she borrowed money from me claiming that she will pay me back double in a quick amount of time…I have proof of this contract. A great deal of time has... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on May 6, 2022

If you sue her for Breach of Contract you can then ask her questions in "discovery" to try and find out her financial position. You could then take her deposition and ask further questions. Talk to an attorney to see how viable your case might be.

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1 Answer | Asked in Civil Litigation for California on
Q: I was served summons on civil suit but plaintiff has amended complaint

I have not been served the amended complaint so do I respond to original complaint or amended complaint which I downloaded from court website?

Do I get more time to respond?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 30, 2022

You have 30 days (if served by hand) to respond to the complaint. If an amended complaint was filed, you have 30 days from the date of service of that document. But if no amended complaint was served on you yet, you can always call/email the attorney for plaintiff and ask for service of the... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: If the plaintiff in a case decides to use an attorney, are they legally required to inform the court?

The plaintiff in my case has been ProPer since filing. At the deposition he brought an attorney who was directing the questioning. There is no attorney on record. Had I known the plaintiff had a lawyer I would have hired one for the deposition.

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 29, 2022

Yes, once a party representing themself hires an attorney, their attorney must file a Substitution of Attorney with the court and send that to all parties in the case. This party may have been sneaky and filed the Substitution with the court right before the deposition and claimed that it had not... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for California on
Q: Can a person that is part of a class action lawsuit against me also collect on a judgement for the same case?
Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 27, 2022

Only if that person has opted out of the class can they collect a separate judgment against you for the same claim. If their claim is different, they may be entitled to a judgment for those other claims.

2 Answers | Asked in Civil Litigation, Copyright, Insurance Bad Faith and Personal Injury for California on
Q: What if I haven't got my mail an important documents that I never received and effected my life
Dale S. Gribow
Dale S. Gribow
answered on Apr 27, 2022

MUCH MORE INFO NEEDED.

DID THE POST OFFICE SCREW UP OR SENDER?

DID THE DOCUMENTS GET MIXED UP INSIDE OTHER MAIL YOU WERE THROWING OUT.

I JUST WENT THROUGH THIS TOO.

I WOULD GO TO THE POST OFFICE TO HAVE THEM LOOK INTO IT.

WE SENT OUT INVITATIONS TO AN EVENT,...
Read more »

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1 Answer | Asked in Civil Litigation and Collections for California on
Q: If it says "Invalid Proof of Service" on the court website, can I ignore the lawsuit? 3rd party debt collector suing me.

.

Yelena Gurevich
Yelena Gurevich
answered on Apr 26, 2022

What happens when they file another proof of service (whether or not you actually received proper service) and the court accepts it as valid service, and they obtain a default judgment against you, and start garnishing your bank accounts or pay checks?

Ignoring a lawsuit against you is...
Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: Kohl's Loss Prevention attacked me a mile from the store,

I was trying on Clothes in the boys Fitting Room at Kohl's Department Stores, because I am a Male. That is where Monica Diaz a female loss prevention officer was watching me dress y located in Huntington Beach, Ca. I walked in the store with nothing and walked out with nothing however a mile... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 26, 2022

It sounds like you may a good civil suit for negligence…. Call a local PI lawyer.

If it is a good case they will take on a contingency.

1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Small Claims for California on
Q: Hello. I wanted to know if I have a case or a changing of winning a case?

So, I loaned my ex boyfriend $4500 back in October 2021 and he promised he would pay me back monthly but has not. He has made false promises(I have text messages) month after month that he would pay me but then he doesn't. This has screwed up my credit and put a financial burden on me. The... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 26, 2022

Consider small claims court where you may represent yourself.

2 Answers | Asked in Bankruptcy, Contracts, Civil Litigation and Collections for California on
Q: In California, when a judgment goes beyond 10 years, does it still accrue interest?

Is a CA. judgment debt from an eviction still owed, even if it is past the statue of limitations? Does a judgment of type stand forever until paid?

Theodore Allan Greene
Theodore Allan Greene
answered on Apr 25, 2022

If you have a judgement it's usually for 10 years. You can then re-new for 10 more years but have to pro actively deal with it. It's not automatic. You used the term statute of limitations which is something completely different. You should sit down with an attorney and get some help so... Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: I need a lawyer who can take my case with no money. My roommate stole my title and registration to transfer in her name

Now it's her vehicle and I have to sue . Is this right?

Julie King
Julie King
answered on Apr 21, 2022

If your car is worth $10,00 or less, you can sue her in Small Claims Court, which does not allow lawyers. It's somewhat like "Judge Judy" in that people answer judge's questions without a lawyer present. Most courts have a self-help section on their websites and self-help... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: officer towed my classic 83 silverado and says it was destroyed 6 days ago.help

i live on a private rd. officer has came on to my property removed car covers searched my cars with no warrant seized cars no warning or info on whearabout. shes towed cars with registration. from my property nver giving a warning just drives up and takes.most recently on april 5,2022 i woke up to... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 19, 2022

It sounds like you need to hire an attorney to help recover your vehicles. If the vehicles were truly on private property and were owned by you, the police should have no reason to inspect or tow your vehicles (absent there being some safety issue being caused by them).

1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: What law can I research to defend against a false State Bar of CA accusation of UPL assisting an ADA Plaintiff for free?

An IFP, mentally incompetent plaintiff ADA case was filed in federal court. The 9th Circuit reversed and remanded for me to be appointed Guardian ad litem and the case is moving forward. The State Bar's policy prevents due process and equal protection for those requiring ADA assistance to... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Apr 17, 2022

A Guardian ad Litem can not act "in pro Per", but must be represented by counsel. This policy is not something invented by the State Bar. See, for example, the admonition contained in form MC-050, regarding substitutions of attorney. ("NOTICE TO PARTIES APPLYING TO REPRESENT... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: In the state of California are judges required to instruct pro se litigants on the procedures for Summary Judgment?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 15, 2022

Pro se litigants must comply with the code of civil procedure and the rules of court, which are freely available. Judges may not give legal advice to any parties before them, and certainly are not required to give instruction on procedure. Motions for summary judgment are among the most... Read more »

1 Answer | Asked in Civil Litigation and Contracts for California on
Q: I had a septic tank Business company that I’ve used for over 35 years to pump out my

Two Septic tank I payed them 410.00 they only pump out one tank they could not find the other tank so they commenced To probe the ground with a metal rod this caused 2 foot wide by 30 feet deep hole in my yard They covered the hole with a sheet of plywood and put caution tape around the hole and... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 14, 2022

You should certainly demand that they return to fill in the hazardous condition they left on your property. If they refuse, you should get a quote from another contractor to fill in the hole so you have an amount to demand the septic company pay you (presumably in small claims court) if they... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: How does buying someone out of a house work?

My fiancé and I own a house together. We are splitting up. He wants to buy me out and said he would pay me for each month we’ve lived there. So I’ve paid $650 for 28 months so it comes out to $18,200. Is this the correct way to buy someone out? I’ve been researching and feel it should be a... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 13, 2022

Yes, if you own the house jointly and it has increased in equity since buying it, you should ask for your 30% of the equity in the home. He may be offering to pay you for the months you've lived there to try and avoid having to give you your fair equity in the home. Of course, if the equity... Read more »

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law, Banking and Civil Litigation for California on
Q: Mt son received unemployment benefits that were deposited to a debit card serviced by Bank of America.

Last October my son discovered that over 16,000 dollars were missing from his account. He promptly reported the missing funds to BofA and filed a police report. Bank of America has repeatedly denied his claim. What can he do to get his money back?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 13, 2022

File a claim with the Federal Deposit Insurance Corporation. His money is insured up to $250,000.

1 Answer | Asked in Civil Litigation for California on
Q: is it legal for P.I. to use electronic surveillance in bedroom/bathroom obtain personal info. give to attorney for court

This is a case of revenge. The information obtained is my personal medical information. The attorney is saying I have a disease and I should be placed in a home I do not have a disease and I have written proof from my doctors. Is this legal? What should I do next?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 5, 2022

It is illegal to invade someone's privacy in their own home without a court order/warrant. You may have legal claims against the investigator for doing so for violation of privacy laws.

1 Answer | Asked in Civil Litigation for California on
Q: in California, civil litigation if trail date is extended for the near future, is discover also extended or it closes
Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 5, 2022

Usually all dates that flow from the trial date are extended when the trial date is continued, but to be sure review the court's order continuing the trial date.

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