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California Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Small Claims and Personal Injury for California on
Q: Need an attorney against pastor of organization that discriminates and put our lives in danger.

Me and my daughter went to a religious women home to split rent and be part of organization.

We discussed rent amount moved in

Shortly realizing his tenants Below did not appreciate him moving me and my daughter in the home and started harassing us started coming to the home late... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2020

MORE INFO NEEDED.

IF YOU HAVE NOT BEEN INJURED THE POLICE WILL SAY IT IS CIVIL.

IT IS NOT MY AREA OF LAW AS YOU ARE INQUIRING ON A PI FORUM.

YOU WOULD PROBABLY HAVE TO GO TO LEGAL AID OR FIND A PRO BONO LAWYER.

HOWEVER, WHY WOULD YOU WANT TO STAY THERE?

1 Answer | Asked in Civil Litigation for California on
Q: Is it common for a plaintiff to lose a case when the defendants nor their attorneys appear for a scheduled demurrer.

During a scheduled Demurrer hearing, the Plaintiff's were live via a Court-Call hookup. The Plaintiff's waited for 54 minutes for the Defendants or their attorneys to appear, neither did. This 54 minute wait included the judge having the Plaintiff stand by to see if Defendants showed up.... Read more »

Donald M Barker
Donald M Barker answered on Jan 21, 2020

The Court's Ruling on the Motion was made long before the Hearing. Courts generally follow substance over form. Though Defendant did not show up, he did file a written Motion (Substance).

Unfortunately, you failed to file an Opposition.

Cal Rules of Court, R. 8.54. Motions:...
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1 Answer | Asked in Civil Litigation and Divorce for California on
Q: Does a waiver of right to collect benefits under each parties retirement plan mean contribution made during the marriage

Specifically in California what does the following clause, as written, mean as far splitting retirement accounts in equitable distribution?

"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 16, 2020

It means in the event of a divorce, each party retains their respective retirement benefits as their sole and separate property without any sharing with the other party. This clause is contingent upon the parties executing a waiver with the retirement plan/plan administrator of the retirement plan.

1 Answer | Asked in Civil Litigation for California on
Q: Can my father sell my home that he and my mother grant deeded to me two years ago
Donald M Barker
Donald M Barker answered on Jan 15, 2020

If your situation is as clear and simple as you state, than most likely, "No." BUT: I do not think your "situation" is as clear and simple as stated. You may be referring to your Parent's Trust or Living Will, under which you were/are to get the home.

In that case, if the trust or will is...
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1 Answer | Asked in Civil Litigation for California on
Q: Can a default money judgement in California be renewed if the ten year period has passed more than 6 months ago?
Donald M Barker
Donald M Barker answered on Jan 15, 2020

683.010. Except as otherwise provided by statute or in the judgment, a judgment is enforceable under this title upon entry.

(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)

683.020. Except as otherwise provided by statute, upon the...
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1 Answer | Asked in Civil Litigation for California on
Q: What is the difference between a contingency case and a pro bono case

It's a debate me and my husband have been having trying to figure out the difference between pro bono and contingency and if the contingency baste win can be considered pro bono up until win

Travis Kendall Siegel
Travis Kendall Siegel answered on Jan 11, 2020

A contingency case is contingent on the outcome. If you're successful at trial or the case settles for an amount of money, the attorney takes a certain percentage of the award. If you lose at trial or the case is dismissed and you have no monetary recovery, the attorney takes zero. Some lawyers... Read more »

1 Answer | Asked in Business Law and Civil Litigation for California on
Q: How do i file for a civil mediation in California it is for business contract lack of payment 1/2 million?

I am a subcontractor who did not get pd by a contractor its been over six months i need to file arbitration or mediation how do i go about doing that

Donald M Barker
Donald M Barker answered on Jan 6, 2020

There are many unknowns with your question. Are you a licensed Contractor in CA? Do you have a contract with the person who owes you the money? Does that contract have a mandatory mediation or arbitration clause? If you are a licensed contractor, did you file the proper Mech Lien docs?... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: filed complains planning- building re: architect next door preventing my access to the side of my house. Last 3yrs.

This is a fire harasser, she put a tankless water heater in 2 ft setback between us. My other neighbor had fire 12-25-14 it came through my bedroom window a legitimate accident.

These old houses setback are approx 4ft.

code is 6ft now if new or reconstructed.

Architect is... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Dec 26, 2019

You might be able to file an action to enforce the City codes but first make sure there is really a violation

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Can I sue a company after signing a severance package

I signed a severance package on December 13th 2019. Today I found out there has been a data branch. A hr representative sent an employee and email that had all employees SSN and names . can I sue them for this data breach even though the severance says I can't sue

Michael Doland
Michael Doland answered on Dec 24, 2019

For an event not related to the subject matter of the settlement agreement, and occurring after the execution of the agreement, there should not be any obstacle. Of course, this is analysis and no answering attorney has seen the actual document you signed.

1 Answer | Asked in Civil Litigation and Legal Malpractice for California on
Q: My employment attorney was granted a motion to be relieved as counsel can I object or stop my case being dismissed

I have a retaliatory and hour and wage case set for trial and my attorney filed without my consent a motion to be relieved can I fight it and what forms

Neil Pedersen
Neil Pedersen answered on Dec 23, 2019

Your question is a bit confusing. The headline says the attorney was granted the motion to be relieved. The question however suggests it is still a pending motion.

Yes you can try to oppose the motion, but there are strict deadlines for doing so. However, the only real basis you would...
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1 Answer | Asked in Civil Litigation and Tax Law for California on
Q: Recently my husband and I overplayed the California Franchise Tax Board in the sum of $33,333 . We left California 2004

We never received a letter regarding overpayment. The reason we recently found about the overpayment is that the California Franchise Board had taken money out of are account saying my husband owed them $5204.11. Which we have proved that they made a mistake on owing them. So, my question is can... Read more »

Paul Martin Vargas
Paul Martin Vargas answered on Dec 10, 2019

Hi. Yes, you can make a claim for refund, which may involve a civil action. Or, it is possible to handle this administratively. Please contact us to discuss.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Hi, I was recently involved in a civil trust litigation case. My oppositions attorney worked for the judge sitting the

The opposition's attorney previously was employed by the judge sitting the case law firm. The judge owns and worked at his firm before he became a judge. Is this a conflict of interest??

Louis George Fazzi
Louis George Fazzi answered on Dec 3, 2019

You may want to request the judge recuse himself from hearing the case, due to the appearance of a conflict of interest. You should discuss this with your own attorney, who must decide within 15 days of notice of the assignment of the case to that judge whether to strike the judge pursuant to Code... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: Deaf child abused by interpreter at school, caught on schools cameras, what do we do?

my special needs(born deaf) stepdaughter was assaulted by her interpreter at school... Incident was caught on video which I understand is pretty disturbing. The police called her mother at work and asked her to come to the school and showed her the footage...Apparently there have been complaints... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 2, 2019

You will need to locate and retain a lawyer who is knowledgeable in special needs school children cases. Your case sounds like an assault and battery claim, but you will need to file a claim against the school district and the school and the person involved not later than 6 months after the event... Read more »

1 Answer | Asked in Civil Litigation and Collections for California on
Q: how to collect judgement against my former employer

I received a default judgement against my former employer which came after they defaulted on an agreement we had as a result of our meeting with the Labor Board. What are my next steps and how likely am I to collect on this? really.

Am I better off trying to sell off my judgement

Neil Pedersen
Neil Pedersen answered on Nov 30, 2019

Unfortunately, procuring a judgment is just the first step in getting paid. You now have to take affirmative measures to force the former employer to pay you the money. This can be costly and time-consuming, and many people get judgments that are never paid.

It is impossible for anyone...
Read more »

1 Answer | Asked in Civil Litigation for California on
Q: Does anyone know how to go about adding members of a California LLC to a default judgment against the LLC?

I filed an action in the Orange County California Superior court in July of 2018 and just got a default judgment against a California LLC from that court for over $80,000. The LLC filed its dissolution on November 28, 2018. I believe the members are liable under California Corp code 17707.07(b)... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

You can, in some instances, add a person to a judgment as an alterego of the judgment debtor, but this is irregular and not common. The whole point of an LLC (or any corporate form) is Limited Liability. The corporation is liable but the members are, by default, not personally liable for the... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: Can my former employer do anything if I reported fraudulent activity on my personal card that they used for company use?

During a short while a start up company I allowed them to charge money to my card and reimburse me for it. After I left there was some questionable charges that turns out to be things they reimbursed me for and they are demanding the money back. The total was around $1980. Can they do anything for... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

If you reported the charges as fraudulent, and the charges were reversed, AND your former colleagues reimbursed you for costs you didn't actually incur, then you have gotten something for nothing. You got reimbursed for money you didn't spend. Your former business partners have a claim for... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Legal Malpractice and Native American Law for California on
Q: My brothers body was desecrated by a local mourtuary before he was to be creamated the owner had passed assuming he w

Upon further investigation by local sheriffs and state funeral and burial bureau they had closed the case 9 months later they recovered his body only due to the smell cause refrigeration had broke down I want to know if I have a case againts the sheriff's department and the state for neglagents... Read more »

William John Light
William John Light answered on Nov 20, 2019

Yes, your family has a claim for the negligent treatment of his remains. (Christensen v. Superior Court (1991) 54 Cal.3d868, 879 [2 Cal.Rptr.2d 79, 820 P.2d 181]). Contact a PI attorney to discuss.

1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: What’s the maximum discovery sanctions one may request, as a pro per?

I requested formal discovery from opposing counsel. Opposing counsel failed to provide the Requests for Production of Documents and Tangible Things on or before the deadline. I am filing a motion to compel and would appreciate it if you would guide me as to what the maximum monetary limit in... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 19, 2019

The maximum sanction that you can ask for is your attorneys fees and costs. If you are pro per, you have no attorneys fees to collect, so you will be limited to "costs." For you that probably means your $60 motion fee (presuming you paid one, if you have a fee waiver this is not recoverable), and... Read more »

2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for California on
Q: my student loan holder keeps telling me they have never received my income-contingent repayment plan

I've sent it to them 8 times. They keep telling me they have never received it, as a result, the amount keeps going up. Is there anything I can do about this as it has been going on for over a year now.

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 10, 2019

If you are sending it to them by mail, you may want to consider sending it by certified mail. Then you will get a receipt sent back to you showing that it has been delivered.

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2 Answers | Asked in Civil Litigation, Civil Rights, Health Care Law and Medical Malpractice for California on
Q: Are made to move off freeway during a blowout of tire when you're already in the emergency lane by an highwa patrol.
Louis George Fazzi
Louis George Fazzi answered on Nov 1, 2019

Forgive me, but your question makes no sense to me. You need to provide a lot more details about what happened to you.

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