I WAS EMPLOYED AT UNION PACIFIC RAILROAD FOR 23 YEARS AND TERMINATED ON FEBRUARY 21, 2020. UNIONS NEGLIGENCE REMOVED ME FROM UNION MEMBERSHIP ROSTER IN VIOLATION OF MY UNION RIGHTS AND UNION BYLAWS AND CONSTITUTION. UNIONS AND RAILROAD EMPLOYER CONSTRUCTED MY TERMINATION BY BLAMING ME FOR... Read more »
Very sorry to hear about this kind of treatment of a long term employee. I handle employment law but not Labor/Management relations, which is what you are speaking about. The law involved is the LMRA, a Federal Law and you will need to file a lawsuit called a "DFR" case in Federal... Read more »
A party provided false and misleading statements in connection to an anti-slapp motion. I intend to file objections certain parts of the declaration that are false and can prove it. What objection can I use under Evidence Code or any other codes?
You can object to each individual statement in numerous different ways. I highly recommend that you consult with an attorney to help you present the best responses.
This pertains to a plaintiff with no legal standing represented by an aiding and abetting attorney.
Now you are mixing sausage and vanilla ice cream. Attorneys don't "aid and abet" that is language for Criminals. The answer is the same, check the rules of court and the Code of Civil Procedure.
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You are mixing apples with meatballs. There are rules of court and statutes regarding the timing for filing a motion for attorney's fees, or the judge could set a special time schedule on request. You can look these up on the internet, they are available to the public. If these are missed... Read more »
Without additional information this is very difficult to respond to. A lot depends on the retainer agreement. Maybe its ok, maybe not. What if they have to spend $50,000 for deposition costs and it requires financing at 10% for 5 years. Should the law firm just eat the $25,000 in financing... Read more »
I was a victim of a felony hit and run drunk driver. He rear ended me on the freeway while I was going 65 mph causing injury. The county commanded custody of restitution payments. I was awarded around $7k in a court order. The county has sent me two payments over a 12 year period totaling about... Read more »
Why would the State of California collect "child support, etc.?" Generally that is paid to the person caring for the child. Maybe a person in your other category "Civil Litigation/Collections" can shed some light on this for you.
Court Judgement;
The court finds in favor
of Plaintiff on his breach of contract claim against Defendant in the amount
of $126,000.00 .
Prejudgment interest at the contract rate is awarded and shall be calculated from November 20, 2017.
Costs to be... Read more »
1. Not until the Judgment is entered. A notice of entry of judgment should also be served and filed.
2. Defendant can file the claim anytime but possibly best to wait until Judgment is entered.
3. Will the Plaintiff sign a partial satisfaction for the amount?
You paid... Read more »
This is all back-and-forth via text message. About 20 pages worth. Plus it was a wire for the 8000 the man acknowledges receipt and clearly states that it’s for this boat
Small Claims has jurisdiction up to $10,000, and this is the easiest and fastest way to get a judgment against the man who is breaching the contract. Your should learn from your friends mistake that you don't part with your money without a written agreement. When he goes to trial, tell him... Read more »
Judge made a judgment against Defendant. Is there any way to apply for an objection to Superior Court? Thanks.
Depends on the kind of trial you had. If Small Claims, as the defendant you have a right of appeal and a trial de novo. You would know what the lies were going to be ahead of time and have the proof ready for the new trial. Without seeing the court records it is not possible to give you an... Read more »
Oct 15, 2020, a Restrained person in a DV - TRO (Domestic Violence Temporary Restraining Order) has served (via separate Lawyer from DV-TRO ) a written 30 day "Notice to Quit & move out (deliver up the possession) to a Protected person via the DV - TRO.
DV - TRO states that the... Read more »
Hmmm, you need to discuss this with your DV attorney or get one if you don't have one. You are telling two tales here. First you say the Restrained Person (RP) served you with a "Notice to Quit" and then you say that they did it through a different attorney. Well, either they did... Read more »
CA - I had a fee waiver originally. It was my first motion that I have ever submitted. I tried to submit a motion for reconsideration but I left out the affidavit. The judge told me to work with out a payment plan with the other attorney. The attorney is waiting money that I don't have. They... Read more »
It sounds like you are being sued and within that lawsuit something happened that caused the court to issue sanctions against you. Since you are having financial issues, I highly recommend you speak to a bankruptcy attorney.
I began to occupy a mobilehome, that I later purchased, for approximately 5 months prior to denial of my application to rent the space. I notified management of my occupancy, in person, in February and received no objection until August, 2 months AFTER denial of my application in June, and in... Read more »
There are property rights that can be gained through the concept of "Adverse Possession," but these rights take years, not months. I don't see how the management company can force you to move out of a motorhome that you own, but without a lease, it can certainly force you to move the motorhome.
In the prior appeal, the defendants conceded a point. Based on that concession, the appellate court reversed and remanded. Post remand, the defendants argued the identical point and the trial court again sided it with them and dismissed the case based on the same issue that the appellate court... Read more »
First, I am not a California lawyer. That being said, was the "law of the case" argued before the trial court on remand? I would think that that doctrine applies here. But I can see how oral argument in the prior appeal could be cited in the current appeal, so I think the answer is "yes."
We are a franchise restaurant located in Ladera Ranch Orange County California.
One customer came to our restaurant without the mask, so we asked him to cover his face.
He refused it due to medical condition. we never forced him to wear it, but asked him to place the order online.... Read more »
IMO you did not do anything wrong. There are Executive orders in place in California for people just like this person to wear a mask, especially in an establishment that serves food. He just does not want to wear it. If he has such a condition that he cannot wear a mask, he should provide you... Read more »
As provided by the U.S. Constitution, Federal law is restricted to issues within exclusive Federal Jurisdiction and everything else is reserved to the states. Which is why there is no Federal Civil Code. Libel and Defamation are claims under State Law and are within the California Civil Code. So... Read more »
I bought a dog for my Girlfriend as a Christmas present, but she wasn’t able to take full custody of the dog because she was unable to have the dog at her house, so we shared the dog. The day I purchased the dog, the breeder mentioned to me if I have issues housing him or if I did t want him... Read more »
You should file a Small Claims action in San Diego (where the Defendant is) for damages and for the return of the dog. The word for "theft" in civil court is Conversion.
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whenever court sustain a demurrer with leave to amend as to certain causes of actions demurred by one of the multiple defendants, for example 4th and 5th causes of actions on the complaint is sustained with leave to amend, does that mean plaintiff can ONLY makes changes to the 4th and 5th causes of... Read more »
You probably aren't getting responses to your question because it is almost impossible to answer that question with the limited amount of information given. You should sit down with an attorney and have a consultation to get more specific answers.
The judge did not apply the law to the evidence in the right way. I want to refile again the same case is this legal? The case is only Money Damages for Excessive Noise-unlawful which is prohibited in our area Loma Linda Ca. I File the SC-108 to cancel judgement. But the judge denied. The... Read more »
Welcome to the world of litigation. You file your case, give it your best shot at trial and for one reason or another the judge does not agree with you, and you lose. In small claims, plaintiffs have no right to an appeal. The decision is a bar against you refiling the same case and you could... Read more »
It happen 12 years ago it was my mother policy!!
San Diego CA
You posted this same question twice, unless there was an outbreak of older brothers cashing in mom's insurance policy where lil brother was the beneficiary 12 years ago. Please see my other answer.
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San Diego CA 12 years ago and know he wants to give money and have me sign papers!
If you file suit, you should hire an attorney. He will advise you who to sue. The problem is that unless the running of the statute of limitations was "tolled" or stopped from running out, 12 years is a very long time to wait to bring a claim. Depending on what your brother is offering... Read more »
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