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California Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation for California on
Q: Can Plaintiff ask discovery about business, if isn't listed as defendant in the lawsuit? Only me and wife defendants

Me and my wife are the only defendants in the lawsuit. My business is not listed as defendant in the Lawsuit.

Can the Plaintiff ask question about business, ask for discovery about the business

Yelena Gurevich
Yelena Gurevich answered on Jan 12, 2021

they can ask, and you would have to assert the proper objections. it doesn't sound like you have an attorney and if they do have an attorney and you do not then you need to hire one because the procedural aspects and specifics of a lawsuit can affect the overall outcome of a case.

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1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Domestic Violence for California on
Q: i am being sued by my ex but hes lying and i have evidence to show... What can i do i cant afford a lawyer

my ex was arrested 3 times for domestic abuse against me and he is a chronic alcoholic and is very obssessed with me... He lied to the poice and had me falsley arrested and then filed a civil lawsuit with a whole bunch of lies claiming to be the victim. But i have plenty of evidence to show he is... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 8, 2021

if you can get him to agree to a binding mediation without lawyers consider:

Rich Gordon , mediations only w/o lawyers; 619 867 0904

zoom......and then they talk to their lawyers.

Lake Mirage CC

Rich Gordon

A FAIR WAY MEDIATION CENTER

760-227-5090

619-272-7001 (fax)

www.afairway.com

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can a police officer put a warrant out for my arrest if I was never booked on any charges, but failed to comply with

their wishes. I was almost arrested a few months ago (possession of controlled substance, schedule I), but the arresting officer approached me after being detained & as if I'd be willing to do a controlled buy. I agreed & then met w/ the narcotics officer (he wasf in plain clothes),... Read more »

David Michael Lehr
David Michael Lehr answered on Jan 7, 2021

Yes. This is the standard way that these things work. If you do your part, the case never sees the inside of a courthouse. If not, they can get a warrant for your arrest.

P.S. In the future, don't post information like this on a public forum!

Good luck!

2 Answers | Asked in Consumer Law and Civil Litigation for California on
Q: Is it feasible to file a motion to compel arbitration in a collections lawsuit, as the defendant? Hoping they'll drop
Yelena Gurevich
Yelena Gurevich answered on Jan 5, 2021

if there is a binding arbitration clause in the contract, then yes, you can file a motion to compel arbitration.

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1 Answer | Asked in Civil Litigation, Elder Law and Probate for California on
Q: my siblings took my dad and grandma to the lawyer office to change their will to a living trust

I'm a abused beneficiary my siblings won't show me my dad and grandma accounting I believe they're are stealing from my dad and grandma they change their mailing address to a p.o box I've believe my grandma and dad been abused physically and mentally.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Dec 27, 2020

You can report your observations and suspicions to Adult Protective Services in the counties in which your grandma and dad reside. They will conduct an investigation.

1 Answer | Asked in Civil Litigation and Probate for California on
Q: Mom bought house for me said it was my early inheritance then sold it gave proceeds to my kid left me homeless at 64???

Lived in house 11 years when daughter lured me to Florida with promise to take care of me and I would be a grandma. Only her and mom had access to funds from sale of my said home. A delapidated Mobil home on 9 acres, with no drinking water was bought for me to live in. I was abandon after being... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Dec 20, 2020

You should talk to a probate attorney if your mom has passed and your daughter is executor of the will. It's hard to tell exactly what is going on but try to sit down with an attorney for a consultation where you can go over everything in detail.

1 Answer | Asked in Civil Litigation for California on
Q: Can a boat shop take ownershipship of my boat if im making payments on the service the did on my boat?
Yelena Gurevich
Yelena Gurevich answered on Dec 16, 2020

there is not enough information to answer your question. did you sign an agreement with them that would give them that right? do they hold the note or title? you will need to speak to an attorney to review the specific facts and legal options.

2 Answers | Asked in Consumer Law and Civil Litigation for California on
Q: Amazon driver entered property, delivered package to unit, went to underground garage and stole unlocked bike. Case?

Type of Incident: AMAZON Delivery Driver Bike Theft

Time of Incident: 1:35 pm

Date of Incident: 12/9/2020

Location of Incident: Long Beach, CA 90807

Supporting Evidence Documentation: Pictures taken from building surveillance camera, eyewitness account, and package... Read more »

William John Light
William John Light answered on Dec 12, 2020

If you have a case, it is against the Amazon delivery man, not Amazon.

Theft is not within the course and scope of employment, so Amazon isn't liable unless it knew or had reason to know of its employee's propensity to steal.

The value of the case is the fair market...
Read more »

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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Small Claims for California on
Q: I'm in a dispute with an affiliate marketing trainer for lack of delivery on what was promised.

Hi! I'm in a dispute with an affiliate marketing trainer with whom I purchased a program for $3000. The program contract we signed listed about 5-6 things specifically included. I feel several of them have not been delivered, but one in particular he doesn't even dispute denying me.... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Dec 10, 2020

This case might be a candidate for an action in Small Claims court. There is a website for the California Superior Court in your county that will have more information.

1 Answer | Asked in Civil Litigation for California on
Q: What does review Plaintiff Opposition to Demurrer mean
Yelena Gurevich
Yelena Gurevich answered on Dec 9, 2020

Have you tried asking your attorney? It sounds like you are questioning a billing entry. If you filed a complaint, the other side can file a demurrer (a type of motion to dismiss). Your attorney then needs to read, review, and research the law used within the demurrer to be able to prepare and... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for California on
Q: Can the previous owner of a cat take it away after 4 years of abandonment?

I have my cat who I took over care of for when my grandmother died four years ago. Previous to that it was bought for my cousin as a kitten. My cousin left him behind when he moved out of our grandmother's house. Two years later my grandmother died and I moved into the house to take care of... Read more »

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

This meth addict is taking you to court so he can keep a cat? And his primary witnesses are meth addicts? You might consider getting a restraining order against them for domestic violence in the form of threats. You can choose your friends but you cannot choose your family.

Justia...
Read more »

2 Answers | Asked in Criminal Law, Civil Litigation, Gov & Administrative Law and Municipal Law for California on
Q: I was fined $250 under California code of civil procedure for failing to appear at jury duty. What is the fine consider

ed. I was told by the clerk that it is not a misdemeanor, but is it an infraction (like a parking ticket?) a sanction, and what is the difference? Was I “convicted” of something?

David Michael Lehr
David Michael Lehr answered on Dec 3, 2020

It is not a criminal record. Therefore, the only penalty can be, and is, a fine. Sorry about the $, but it will not hurt your life in the long run!

Good luck!

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2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: Hi, I just signed a lease which I got a lot of help from my broker. Can I have someone review the contract packgage?

I do not think the contract package is legit, because during the process, the broker always mess up the docu sign contracts and I worry if there is something shady in the contract. Especially during the Covid time eviction is impossible I am really worried.

Yelena Gurevich
Yelena Gurevich answered on Dec 3, 2020

Yes, You can hire an attorney to review the contract for you if that is what you are asking.

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2 Answers | Asked in Civil Litigation for California on
Q: I took over payments on a car from someone. Kept the car in their name. The car was repo'd today. Criminal or civil?

In May I gave a $2500 deposit and have been paying monthly 400 of a 700 payment. The car was repossessed this morning because the owner I was paying fell behind. Do I have civil only or criminal recourse in this situation?

Yelena Gurevich
Yelena Gurevich answered on Dec 1, 2020

it depends on what kind of agreement you had with the owner, whether it was verbal or in writing, and whether you can prove it. Your potential case is against the owner but if you were paying a partial payment to the owner to use the vehicle and you got to use the vehicle it is possible that the... Read more »

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2 Answers | Asked in Civil Litigation, Civil Rights and Domestic Violence for California on
Q: Is there anything i can do about my ex moving next to my family members when he is not allowed contact with me?

There is a restraining order currently that states no contact whatsoever, and a pending criminal order from the DA waiting to be served upon booking.

David Michael Lehr
David Michael Lehr answered on Nov 21, 2020

Tell the police and they will serve him. That should stop him.

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1 Answer | Asked in Civil Litigation, Contracts and Arbitration / Mediation Law for California on
Q: What can I do in this situation. Keep in mind the company admitted fault. Regional office has made vp and ceo aware also

I CANT BELIEVE WHAT SMART STOP STORAGE DID!!! My fiancé went to our storage to change out the locks because in September they contacted us and said that we needed to put another lock on. He gets there to find out that we have an issue with our storage. It appears at the end of September. There’s... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 17, 2020

You need an itemized list of what was taken so you can put a value on this. Sorry to hear you lost your memorabilia, but it is gone now, and the only thing you would be entitled to is money in return, not quite the same. If you are not satisfied with what they are offering to you, you don't... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: I buy a rifle on line they send the wrong rifle how do handle the problem ?
Yelena Gurevich
Yelena Gurevich answered on Nov 16, 2020

how would you handle it if it was any other item? depends on where you bought it from? it is a refundable item? what are the refund policies? have you contacted the seller and what have they done to correct the issue?

2 Answers | Asked in Civil Litigation for California on
Q: If a person is in pro Se does a verification 446 have to be filed with the complaint or could it be filed later
Kenneth Sisco
Kenneth Sisco answered on Nov 16, 2020

If for some reason the Complaint must be verified, or you choose to make it verified, the verification MUST be attached, for it to be verified. In most cases, the Complaint is not verified and the point does not come up.

The problem of a "In Pro Se" party, comes into play, when...
Read more »

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3 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: if the feds arrest you without giving notice, without a trial, without ever saying a dam word, due process violated.

with the grand jury now being a grand facade, then the feds arrest you without warning, this is tyranny at the hands of government. 10th amendment protects against goverment running roughshod over the states and citizens. How is that they feds are doing just what the constitution was written to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 16, 2020

MUCH MORE INFO NEEDED.

THEY SAY A GRAND JURY WOULD PURSUE A HAM SANDWICH

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1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: The process of obtaining discovery for a CA Civil Injuction by way of filing a TRO with or without a PI.

Would like to know your experience with discovery and TRO’s. Plaintiff, I, need to obtain evidence for 4 TRO cases. It is crucial for me to be granted discovery on these cases and I appreciate your input on how I should proceed. Discovery in TRO's never granted due to time, CCP’s... Read more »

Louis George Fazzi
Louis George Fazzi answered on Nov 13, 2020

This is not the proper forum for seeking such discrete legal advice. I believe you should concentrate your search to law firms capable of such widespread research. Focus on civil rights law firms in and around San Francisco or Sacramento, who will have the expertise you seek. There are also firms... Read more »

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