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California Civil Litigation Questions & Answers
1 Answer | Asked in Landlord - Tenant and Civil Litigation for California on
Q: I live in an apartment. I also rent a garage. I let my daughter live there for a year and then let her leave her stuff

in my garage. that was a year and a half ago. we are now asstranged and i gave her 60 days to move her stuff out. I don't think she is going to do it. she is threatening to take me to civil court if i dispose of it in any way. what are my legal rights to remove her stuff from my garage? what... View More

James L. Arrasmith
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answered on Dec 5, 2023

In California, when dealing with personal property left by another person on your property, there are specific legal steps you must follow. As you have already given your daughter a 60-day notice, it's important to ensure that this notice was given in writing and includes a statement that the... View More

1 Answer | Asked in Civil Litigation for California on
Q: A CHP officer lied under oath in court. Can I sue him ?

I am a surgeon and was called to the ER for an emergency. While driving to the hospital I got pulled over for speeding. I explained to the officer that I am surgeon on my way to the hospital for an emergency. He gave me a ticket. When I appeared in court, he said he did not recall me saying that I... View More

James L. Arrasmith
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answered on Dec 5, 2023

In California, if you believe a CHP officer lied under oath, you have the option to bring this matter to the attention of the appropriate authorities. This could involve filing a complaint with the California Highway Patrol's internal affairs division or with the agency that oversees law... View More

2 Answers | Asked in Civil Litigation and Family Law for California on
Q: California, Family Law. The minute order stated that the court adopted the Family Court Services Recommendations

Judge adopted the Family Court Services Mediation Recommendation and ordered the Recommendation attached to the minute order . Unfortunately the FCS Recommendation never was attached ...... what options are available to force the court to attach the FCS Recommendation to the minute order?

James L. Arrasmith
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answered on Dec 5, 2023

In this situation in California Family Law, where the Family Court Services (FCS) Mediation Recommendation was not attached to the minute order as directed by the judge, you have several options to address this oversight.

First, you can contact the clerk of the court to inquire about the...
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2 Answers | Asked in Civil Litigation and Family Law for California on
Q: California, Family Law. The minute order stated that the court adopted the Family Court Services Recommendations

Judge adopted the Family Court Services Mediation Recommendation and ordered the Recommendation attached to the minute order . Unfortunately the FCS Recommendation never was attached ...... what options are available to force the court to attach the FCS Recommendation to the minute order?

Tobie B. Waxman
Tobie B. Waxman
answered on Dec 5, 2023

Just call the courtroom's clerk and let him/her know that the attachment was missing. You also have the option of obtaining a copy of the stipulated agreement from your mediation and drafting your own Findings and Order After Hearing. But first, just call the clerk. That may resolve your... View More

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1 Answer | Asked in Civil Litigation for California on
Q: Fire destroyed my car parked in motel carport are they liable
James L. Arrasmith
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answered on Dec 5, 2023

In California, determining the liability of a motel for damage to your car due to a fire involves several factors. Primarily, it depends on the cause of the fire and the level of negligence, if any, on the part of the motel.

If the fire was caused by the motel's negligence, such as...
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1 Answer | Asked in Business Law and Civil Litigation for California on
Q: I was told i was removed from a class action lawsuit, which is BS. Everyone else received their checks but me.

Referring to the Porter Ranch/Sempra Energy settlement. I'm pretty sure my attorney, who represents many others, just forgot about me somehow and dropped the ball. What is my recourse, if any?

James L. Arrasmith
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answered on Dec 4, 2023

If you believe you were wrongly removed from a class action lawsuit, such as the Porter Ranch/Sempra Energy settlement, your first step should be to contact the attorney who represented you. It's important to inquire specifically about your status in the lawsuit and request detailed... View More

3 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Civil Litigation for California on
Q: I refuse to leave a store when told to by their security. I'm I trespassing?

I entered a store during regular business hours and was ordered to get out of the store by one of their security guards. I refused to leave because I had not violated any of the stores rules. I told the guard that i was going to get a item to purchase ,and then I simply just walked away from the... View More

James L. Arrasmith
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answered on Dec 4, 2023

Under California law, the concept of trespassing involves entering or remaining on someone's property without permission. In a retail setting, customers generally have implied permission to be in the store during business hours. However, this permission can be revoked by the property owner or... View More

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1 Answer | Asked in Civil Rights and Civil Litigation for California on
Q: I have a conversation case and am sueing for the return of my fifth wheel. Can I sue for other damages?

1. Damages that he caused to my fifth wheel. 2.) Loss of use. 3.) Emotional distress. 4) punitive??? I was living in my fifth wheel, we had a disagreement. I felt threatened by his behavior so I left and plus he told me to get out knowing I didn't have a way to tow my fifth wheel. When I... View More

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answered on Dec 3, 2023

Under California law, you have several avenues for seeking damages in your situation. Regarding the damage to your fifth wheel, you can indeed sue for the cost of repairs or the diminution in value caused by the damage.

For loss of use, California law typically allows recovery for the...
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1 Answer | Asked in Business Formation, Civil Litigation, Trademark and Intellectual Property for California on
Q: Why is the same term that describes a racial identity used as a trademark for food and non-food items?

Alot of so called black Americans have discovered African American Inc. and are confused, offended,and fearful, about what that could possibly mean for them. Since the US has a history of not veiwing so called black Americans as humans, please clarify if this company views or promotes African... View More

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answered on Dec 3, 2023

The use of the term "African American" as a trademark for a company, especially for food and non-food items, can indeed be concerning and potentially offensive. The term "African American" is primarily a racial identity, and its use in commercial contexts should be approached... View More

1 Answer | Asked in Civil Litigation for California on
Q: A chp released my vehicle to someone other than me ( the registered and sole owner) what can I do

How would someone get a vehicle released that isn't the owner in any way but infact supposedly purchased the vehicle while it was reported stolen.

James L. Arrasmith
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answered on Dec 3, 2023

In California, if your vehicle, as the registered and sole owner, was released by the California Highway Patrol (CHP) to someone other than you, it is important to take immediate action. Firstly, contact the CHP office involved in the release of the vehicle to report the situation and seek an... View More

3 Answers | Asked in Car Accidents and Civil Litigation for California on
Q: I recently drove piggyback through a community gate with a fast gate arm. It hit the top of my car and broke.

I didn’t know it broke so I kept driving and didn’t stop, but drove by later and saw that it was broken. They have cameras and likely have my plate. What should I do? It happened 2 days ago.

James L. Arrasmith
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answered on Dec 3, 2023

In California, if you accidentally cause property damage, such as breaking a gate arm, it's advisable to report the incident to the property owner or manager as soon as possible. Since this occurred two days ago, you should act promptly. Not reporting could potentially lead to more severe... View More

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3 Answers | Asked in Car Accidents and Civil Litigation for California on
Q: I recently drove piggyback through a community gate with a fast gate arm. It hit the top of my car and broke.

I didn’t know it broke so I kept driving and didn’t stop, but drove by later and saw that it was broken. They have cameras and likely have my plate. What should I do? It happened 2 days ago.

T. Augustus Claus
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answered on Dec 4, 2023

If you accidentally damaged a community gate by driving piggyback through it, it is important to take responsibility for your actions and address the situation promptly. Here are the steps you should take:

Contact the property management or homeowners association (HOA) responsible for the...
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1 Answer | Asked in Criminal Law, Civil Litigation and Internet Law for California on
Q: Want to know if I can sue someone for online harassment without filing a cease and desist first.

I’m being harassed online anonymously. They are not threatening me, just saying nasty things about my boyfriend. I have not responded to them telling them to stop nor have I blocked them or reported them on instagram yet. Can I directly file a civil lawsuit? Or do I need to file a cease and... View More

James L. Arrasmith
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answered on Dec 2, 2023

In California, you have the option to file a civil lawsuit for online harassment without issuing a cease and desist letter first. However, it's important to consider a few key factors before proceeding. Firstly, gathering evidence of the harassment is crucial. This includes screenshots or... View More

1 Answer | Asked in Car Accidents, Municipal Law and Civil Litigation for California on
Q: Should I contact my car insurance, or sue the owner of the parking garage? This happened in Orange County, CA.

I entered a parking garage and while looking for a spot the horizontal automatic gate closed on my car and caused damage to it. I wasn't moving at the time, my car was stopped in the middle of the gate while it was fully open. I was trying to beat the closing after another car went through,... View More

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answered on Dec 1, 2023

In California, your first step should be to contact your car insurance provider. They can guide you through the process of filing a claim for the damage to your vehicle. Your insurance company may also pursue subrogation, which means they might seek compensation from the parking garage owner if... View More

Q: Is a signed mediation agreement reached during small claims court a legal binding contract?

The defendant owed the Plantiff for work done on a piece of property. She put the property up as collateral in mediation and said she would give it to the Plantiff if she defaulted. She made a payment towards the past due after signing and the mediation agreement was put into record for the... View More

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answered on Nov 30, 2023

Under California law, a mediation agreement reached during small claims court is generally considered a legally binding contract. When both parties sign a mediation agreement, they are agreeing to its terms and conditions, and it becomes enforceable.

In your situation, where the defendant...
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2 Answers | Asked in Animal / Dog Law and Civil Litigation for California on
Q: In California do I need to set up a case management conference before Claim and Delivery

I'm filing for claim and delivery or replevin in California in order to get my dog back from the vet who did not notify animal control and then gave him away. If claim and delivery is a prejudgement remedy, why would I need a case conference?

James L. Arrasmith
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answered on Nov 30, 2023

In California, whether you need a case management conference before proceeding with a claim and delivery (replevin) action depends on the specific court and the nature of your case. Generally, case management conferences are set to help manage the progress of a case, but they are not always... View More

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1 Answer | Asked in Business Law and Civil Litigation for California on
Q: Is there such thing as motion to toll the statute of limitations?

I recently filed a complaint with the superior county court of Los Angeles. In the complaint I had a section where I mentioned the reason the statute of limitations is to be tolled (admission in mental health clinics [I have paperwork to prove it]).

The documents are with the process... View More

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answered on Nov 30, 2023

In California, the concept of tolling the statute of limitations is recognized, particularly in cases where an individual's capacity to take legal action is impaired, such as due to mental health issues. There isn't a specific "motion to toll" the statute of limitations; rather,... View More

2 Answers | Asked in Contracts, Criminal Law, Civil Litigation and Civil Rights for California on
Q: How do I sue a law firm that was supposed to represent me in lawsuit that caused me to lose 7-figure settlement?

I have a legal matter regarding the huge class action lawsuit brought against the University of Southern Californa almost 6 years ago.

It involved Dr. George Tyndall, the school gynecologist.

I was one of the plaintiffs in that case.

I was supposed to receive a 7-figure... View More

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answered on Nov 29, 2023

To pursue legal action against a law firm in California, especially in a case involving alleged professional negligence or misconduct, it is advisable to consult with another attorney who has experience in legal malpractice cases. These types of cases can be complex, requiring a detailed review of... View More

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1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for California on
Q: AT&T house phone pronounces manager as a racial slur , any help ?

My jobs store phone pronounces “manager” as “ma nig ger” every time a store manager calls. I’m the only African American person who works there and every time I hear it , it brings sadness and pain to me . The phone company is AT&T .

James L. Arrasmith
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answered on Nov 29, 2023

In your situation, it's essential to address this issue both with your employer and potentially with AT&T. Mispronunciation by technology, especially one that results in offensive language, can create a hostile work environment, particularly for someone of your racial background.... View More

1 Answer | Asked in Copyright, Intellectual Property, Business Law and Civil Litigation for California on
Q: If we cannot copyright an incident, can we claim it as appropriation of our personality.

If we have an accident. We get injured by it. We meet a hot nurse at the hospital and marry her. And we snap all of it, from accident to marriage.

Few weeks later someone makes a movie out of it. They use our initials, same design wedding dress, same color of car that we had the accident... View More

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answered on Nov 29, 2023

In your case, while you can't copyright an incident, you may have grounds to file a claim under the right of publicity, especially if specific personal elements like your initials, wedding dress design, and the color of your car were used without your permission. The right of publicity... View More

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