Lawyers, Answer Questions  & Get Points Log In
California Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: California Lease Transfer - Question Regarding Security Deposit

Lived in LA and found a listing for someone who was looking to get out of their existing lease early (not a sublease).

An addendum was signed by all parties (the former tenant, myself, and property manager), stating that my name would be added to the lease and that the former tenant's... Read more »

John Michael Frick
John Michael Frick
answered on Feb 2, 2023

It looks like the landlord is keeping the previous tenant’s security deposit as your security deposit in lieu of refunding the previous tenant’s and you depositing a new one. So you have been unjustly enriched unless you repay the previous tenant.

1 Answer | Asked in Personal Injury and Civil Litigation for California on
Q: if I file a complaint with the court but have yet to file it with the defendants, can I change it? Not facts just reduce

Representing myself, judge extended my timeframe to submit summos and complaint, so it should be okay to change, right? live in CA

Adam Stoddard
Adam Stoddard
answered on Jan 25, 2023

You are entitled to file an amended complaint once as a matter of right without seeking leave of court to do so, as long as it is before the defendant has answered or filed a demurrer. Refer to CCP 472.

1 Answer | Asked in Civil Litigation, Contracts, Employment Discrimination and Employment Law for California on
Q: I need a lawyer who specializes in Federal Unlawful Termination cases. I was unlawfully terminated from a federal Agency

Are you prepared to represent me if I have an appeal denial from Office of Federal Operations, and my former federal employer did not abide by OPM RIF Guidelines? My Formal Complaint is for Age Discrimination, Contract Breach, and Numerous WARN Act violations. I was a 79 yr. old 10 pt. Disabled Vet... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 24, 2023

I am sorry but you misunderstand the nature of this Q&A board. This is not a place to ask an attorney to work for you. It would be inappropriate for any attorney to respond to your post with a desire to work for you.

You are going to have to locate and make contact with attorneys,...
Read more »

1 Answer | Asked in Car Accidents and Civil Litigation for California on
Q: I got into an accident in a rental car. I repaired it through my insurance. Now he is claiming more damage.

I hit a pothole in a rental car. The owner of the rental car wanted to go through my insurance, not the rental company, and not his (didn’t want to tell his insurance he used the car as a rental).

After the repair was done, I paid for it and was reimbursed by my insurance. About 2 weeks... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2023

A California attorney could advise best, but your question remains open for four weeks. One option is to sit down with a California civil litigation attorney to review the owner's claims in accordance with the terms of the rental policy. Whether you choose to dispute the claims or negotiate a... Read more »

1 Answer | Asked in Civil Litigation and Contracts for California on
Q: My furniture and personal items are being held by s moving company. They increased the moving cost from 3900. to 11,000.

Threatening to sell everything what can I do?I am not an attorney I’m looking for advice

Adam Stoddard
Adam Stoddard
answered on Jan 20, 2023

I assume you signed some sort of contract, work order, or invoice with the moving company? You should review the terms of the agreement to see what it says. It would be best to have an attorney review it for you, but if you cannot afford an attorney, then try to figure out if there are any terms in... Read more »

4 Answers | Asked in Family Law, Personal Injury, Real Estate Law and Civil Litigation for California on
Q: Defendant found math/fact errors in the Stipulation after Judge signed it.

The plaintiff made the stipulation to settle down something and the defendant signed on it. The defendant had the Judge signed on it 2 weeks later as well. Unfortunately, the defendant realized there were errors in the stipulation at the moment the Judge signed it.. The defendant didn't find... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

If defendant is represented by a lawyer then speak to the lawyer immediately----if no lawyer is involved, then I highly recommend that the defendant immediately contact a lawyer to discuss the specifics of this and determine how to proceed further. Any lawyer will need a copy of the document in... Read more »

View More Answers

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: May Public Storage refuse me access just for stating my boyfriend was dead? He listed me on his contract to allow access

And I'm listed as his emergency contact.

How can they claim anything without facts?

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

I am sorry for your loss. If the space was rented by your boyfriend, they may require proof of authority as a successor (e.g. executor, administrator, trustee) to provide access. It may be that listing you on his contract is ineffective after he passes (like a power of attorney)--to be definite,... Read more »

2 Answers | Asked in Foreclosure, Personal Injury, Real Estate Law and Civil Litigation for California on
Q: Which type of attorney handles cases relating to suing the city for negligence against residential inhabitants?

The city has allowed warehouses to box my house in on all four sides and for the past few years, it has been a living hell with warehouse owners, construction workers, and big rig drivers, noise, etc. My children can no longer be outside to play. I tried Personal Injury attorneys, but they said... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jan 17, 2023

This is a question for real estate and zoning attorneys. Good luck.

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: I was stopped for tresspassing on undeveloped land by 2 individuals using firearm search vehicle and instigate search

y a officer who said there were guns on my seat im felon i have been denied any motions due to them being frivilous according to my attorney i was denied a margesden motion by judge im missing stuff that should be in my discovery i had seen some deer cams and as far as i knew no one was supposed to... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jan 16, 2023

THE LAWYER YOU RETAINED OR THAT WAS APPOINTED BY THE COURT IS THE BEST PERSON TO ADDRESS THIS TYPE OF QUESTION.

DID YOUR LAWYER EXPLAIN TO THE COURT THAT YOUR FAILURE TO APPEAR WAS DUE TO HIS/HER NEGLIGENCE?

IF NOT, I THINK YOU MIGHT HAVE TO ASK THE JUDGE TO SPEAK AT THE NEXT HEARING.

1 Answer | Asked in Civil Litigation for California on
Q: Do I have grounds to sue a person I signed a lease with and has bailed before the lease is up?

Can I sue them for financially burdening me since I was left with all the bills

Yelena Gurevich
Yelena Gurevich
answered on Jan 16, 2023

Yes you can sue for breach of contract and/ breach of implied contract.

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for California on
Q: Can I file criminal charges against a women who lied to me about a puppy being in good health when I bought her?

She was listed as a breeder on puppies.com and I purchased a bulldog from her that she said was perfectly healthy, I have all of the messages documented just so you know. Then the morning I got her I messaged the woman to let her know that the dog wasn’t breathing normally and seem to have a lot... Read more »

John Karas
John Karas
answered on Jan 2, 2023

This is a civil matter, not criminal. You can sue her in Small Claims court for the purchase price of the animal and the vet bills you incurred.

1 Answer | Asked in Civil Litigation for California on
Q: I received a phone message from an alleged process server citing case no BA-1029. I returned call but lawyer wouldn't

Provide any detailed info about alleged 5000 debt. He disconnected me. How do I determine info about this suit if it has really been filed?

Adam Stoddard
Adam Stoddard
answered on Dec 22, 2022

BA-1029 does not sound like any case number I have ever seen at any of the Superior Courts or Federal Courts in the Bay Area. Not sure what else you could other than simply perform a name search on the local courts around you to see if your name is associated with any cases.

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Small Claims for California on
Q: Want to sue landlord and other party for lying about residence of plaintiff in case against my husband.

My husband got in a fight with an individual at our apartment complex. The plaintiff falsely claimed to live here, he last lived here in 2019, he was here visiting aunt. We know he lived elsewhere (he told defendant) and records online show different address. Landlord lied to court saying he lived... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 18, 2022

This is not the type of case a lawyer will take on a contingency...in all likelihood.

You will find it will be too expensive to retain a lawyer on an hourly.

I suggest you prepare a demand letter and when they don't respond, sue in Small Claims for $10k (the maximum)

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Traffic Tickets for California on
Q: How are traffic laws constitutional and not commercial? Can a human being invoke the the 4th and 5th amendment?

Traffic stops for common people are unconstitutional on its face. You cannot invoke the the 5th or 4th amendments. There has never been full disclosure of the taxes of personal cars operated for private use. If property can be seized for lack of funds does that not go against the due process... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Dec 17, 2022

Operating a motor vehicle on the public roads is privilege extended to persons with a use the public streets and highways. This means you must comply with the law as you are operating a motor vehicle, and when you violate the law you can be held responsible. If you are cited for a motor vehicle... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: If a party serves a notice of ruling minutes before midnight via email, will a few minutes be construed as a day count?

In an unlimited civil matter in California, the notice of ruling was emailed only minutes before midnight when the defendant was asleep and didn't get it until the next morning. Is that reasonably acceptable to count that few minutes as one day when counting calendar days for a deadline to... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Dec 17, 2022

Notice given after normal working day hours will not be effective until the next day. But take no chances when calendaring response due dates. Even if you were given notice electronically, such as by email, you ordinarily have an extra two days added to the time you are supposed to take action... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Domestic Violence and Landlord - Tenant for California on
Q: How do I stop a civil action with a monitory attachment against me from a criminal case that has not been ruled on yet?

My former partner has started a Civil case against me demanding my continued payment of rent on lease based on a DV case that will be going to trial with in 30 days. The Civil case is this Monday.

Dale S. Gribow
Dale S. Gribow
answered on Dec 15, 2022

INITIALLY, YOU SHOULD CONTACT A LOCAL TRIAL LAWYER IF YOU CAN.

THE DV IS CRIMINAL AND THUS YOU EITHER RETAINED A LAWYER OR ONE WAS APPOINTED FOR YOU..........ASK HIM/HER.

A LAWYER NEEDS TO REVIEW THE LEASE........NAMES, TERMS ETC

IS THIS SMALL CLAIMS WHERE LAWYERS ARE NOT...
Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Elder Law, Wrongful Death and Probate for California on
Q: My mother was killed premeditatively by her Temporary Conservator, A California Licensed Private Fiduciary and my sister

This just happened on Thanksgiving Day and I need urgent help. They are Anxiously trying to cremate my mother's body and are awaiting a death certificate from Placer County to proceed, even without a Funeral Service!!!

There are so many red flags in this case, and this all developed... Read more »

William John Light
William John Light
answered on Dec 8, 2022

Attorneys do not bring people to justice for murder, unless they are district attorneys. You need to bring your concerns to the police or sheriff's department in the jurisdiction where the suspicious conduct occurred. A proper investigation can be done, if warranted.

In addition,...
Read more »

1 Answer | Asked in Animal / Dog Law and Civil Litigation for California on
Q: can I get a motion heard in without filing a cause of action with the complaint in California

I think I should file a motion ordering the defendent to return property to its rightful owner. Would I need to file a partial summary judgement for ownership then continue civil litigation for damages for the second part

Adam Stoddard
Adam Stoddard
answered on Dec 2, 2022

It is unclear what you are trying to do here. It sounds like you have not filed a complaint yet since you state "can I get a motion heard in without filing a cause of action with the complaint in California." If you have not filed a Complaint, then you cannot file a motion with the Court.... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury and Civil Rights for California on
Q: Transportation guidelines for securing imate from hospital to county jail n wheelchair

being transformed and not secured properly fell from wheel chair after going head first outta wheelchair as well as deputy no clue to proper securing ..and then driven shackled on floor head smashed into metal floor and cage...and stating more then one time was not secure nor safe l

Dale S. Gribow
Dale S. Gribow
answered on Nov 27, 2022

you may have a negligence or civil rights violation action.............violation of ADA?

write out what happened and call a local negligence lawyer to present all the facts.

1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: If I'm attacking bonafide purchaser status in quiet title action do I counterclaim too if that defense is my answer also

Also ejectment. does that require counterclaim? Do I specifically have to answer to that?separately? I'm unrecorded coowner in possession for eight years and he's trying to say he didn't know of our claim when he bought from our coowner without our knowledge of sale. Broker and... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Nov 26, 2022

You issue and question is way too specific for an attorney on this cite to give you any meaningful response to. You need to take all your documents and meet with an attorney for a one-on-one consultation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.