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California Civil Litigation Questions & Answers

1 Answer | Asked in Appeals / Appellate Law, Real Estate Law and Civil Litigation for California on

Q: what can be done if opposing party keeps threatening to appeal any decision the court makes to drag on forever?

plaintiff ordered to pay defendant attorneys fees at trial court. Plaintiff appealed for "abuse of discretion". Appellate court affirmed trial court citing no abuse of discretion and awarded respondent "costs" of appeal. plaintiff now threatening to appeal any costs or attorneys fees from the... Read more »

Kenneth Sisco answered on Jun 17, 2019

Unless there are some important facts left out of your question, you should simply ignore his threats. An appeal does not stay execution on a judgment. Obtain a writ of execution, record an Abstract of Judgment, and start levying on his property and bank accounts. If he wants to stay your... Read more »

1 Answer | Asked in Civil Litigation for California on

Q: my English not so good.. the court ask me to do jury service

I filed the forms that my English is not very good the court called me and told me to come for jury service

Timur Akpinar answered on Jun 17, 2019

Depending on how the process is administered and what part you're selected for, you could raise your concerns with court personnel processing jurors when you arrive for duty. Additionally, judges will generally screen jurors with preliminary questions. You could raise your concerns then.... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Federal Crimes for California on

Q: Can I suit the County for an assault from the guards

I was assaulted by the guards producing bodily injuries. And because I blow the whistle there was abuse of my due process and there was a malicious prosecution under color of law and on 5-9-19 my case was dismissed. Can I sue the County

Louis George Fazzi answered on Jun 15, 2019

You can sue the guards for assault and battery if the charges against you were dismissed. The time within which to do so is short, so you should contact a lawyer with experience in civil rights cases to guide you through the process. You could also sue the county which employed the deputies. A good... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for California on

Q: Should I respond to a civil lawsuit or just wait for my hearing.

Me and wife were served a summons for a civil lawsuit for an outstanding hospital bill from 10/13. We have no assets, don’t own our home and I am on SSDI wife is unemployed and has pending SSDI claim. We have no way of paying this. Is it in our best interest to file a response to this summons or... Read more »

William John Light answered on Jun 12, 2019

You appear to have a viable defense. The statute of limitations is 4 years on a written contract. Code of Civil Procedure section 337. Whether or not you agreed to extend the statute or it has been tolled by your progress payments is unknown.... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for California on

Q: I live in a multi-resident shared home. Two of the f tenants Have made five frivolous 911 calls ”reporting” me.

On the basis of two of the frivolous calls I was arrested and spent the night in jail. The charge was meritless and was dismissed. After the fifth 911 call, the police warned the false reporters to stop making unwarranted 911 calls or they would face legal consequences. Do I have any legal recourse... Read more »

Dale S. Gribow answered on Jun 7, 2019

more info would be needed.

However, you can always sue for intentional infliction of emotional distress.........the challenge will be to find a lawyer that would take the case on a contingency.

if you can afford a lawyer on an hourly you will be able to find many lawyers....
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2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on

Q: Why wouldn't I be able to sue the government for forcing jury duty on myself and others?

Suing for emotional distress, physical ailments caused by distress, duress and asking for my medical records after denying my appeal.

Gary Kollin answered on Jun 5, 2019

Because the courts already ruled that you can't

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1 Answer | Asked in Real Estate Law and Civil Litigation for California on

Q: Are noise levels that exceed 90dB for 8 hours/day permissible because it is a considered a "special event"?

A stadium (70% public, 30% private ownership) has been hosting electronic music concerts that use amplified sound. These concerts can last for up 10hrs/day for 2 days at a time. Adjacent to the stadium, there are several residential high rise developments that house ~900 people within 400 feet of... Read more »

Gerald Barry Dorfman answered on May 29, 2019

Those are very high levels, and it is unlikely they actually comply with a rational noise ordinance. Even if these levels are compliant with the local ordinance, that would likely not be a definitive bar to a nuisance action. A successful nuisance suit could result in an award of damages and an... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for California on

Q: Bannerbit Online Advertising closed out my Account because of a lack of activities for seven (7) months. They refuse to

pay my earnings of over $800 plus but instead chose to refund my initial investment of $200. What can I do to claim my full earnings accumulated over a year?

Bruce Alexander Minnick answered on May 28, 2019

If you signed a written contract with Bannerbit Online Advertising get it out and read it very closely. If the contract says they can do what they did to you, then you are done. If you do not have a written contract then you are also done.

1 Answer | Asked in Contracts and Civil Litigation for California on

Q: May a defendant file an answer after trial has begun?

Defendant has filed several motions to dismiss, strike and demur, all of which were denied, but has filed no answer. Should he be permitted to file an answer after trial has begun?

Bruce Alexander Minnick answered on May 27, 2019

If the defendant never filed an answer the case should be over, with a default final judgment for plaintiff. Ask for one.

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for California on

Q: Hello, what type of document would be necessary for a lawyer to oppose conservatorship in CA law

N/A

Thomas A. Grossman answered on May 18, 2019

Your question is somewhat confusing, but I will try to sort it out. I am assuming that you are looking for a lawyer to oppose a conservatorship (or a conservatorship proceeding). If the person in question still has his/her faculties, and does not appear to need a conservatorship, then it would... Read more »

1 Answer | Asked in Civil Litigation for California on

Q: Atty forged signature on a fee agreement in Fed Court petition $32k fees

He admitted to the Fed judge after I was awarded Pro Bono atty to help me submitted False Declarations under pen of perj from employees who later admitted to lying. Submitted Declarations about supervisors forging signature of other clients happened regularly for many years.

After... Read more »

Kenneth Sisco answered on May 16, 2019

As in any civil suit, one of the elements of a claim is damages. As I understand your question you have already gotten your money back, so unless you can prove other damages, like intentional infliction of emotional distress (very difficult) you don't have any damages, and therefore no case.... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Probate for California on

Q: My mother passed away and the executer / same sex partner took away what was supposed to go to me and my sister, (a

Quarter of a miillion in stocks and a nice mobile home that after executer/ domestic partner passes away gets sold split between her two sons and me and my sister (which executer sold and gave us none of us nothing) we Trusted her ,(my mom will said if anyone trys to change my will gets nothing,... Read more »

Richard Samuel Price answered on May 16, 2019

Unfortunately, your facts doen't lend themselves to an easy answer in this format.

You'll have to call a local attorney for an appointment and bring your documents for a full consultation.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on

Q: If someone commits perjury in court in a signed pleading.Does the SOL start running from when they signed or when filed

That is, does the crime become a crime when they filed the pleading or on the date of the signature in the pleading. Who prosecutes these crimes the city attorney, the district's attorney or the attorney general of the State? I know they seldom do it but if a person would like to pursue it who... Read more »

Rhonda Mae Hixon answered on May 12, 2019

Assuming the pleading was signed under penalty of perjury, the felony was committed when it was signed.( By a person who knew it was false).

That's why lawyers will frequently declare something to be true based on "information and belief".

The prosecution of crimes begins with the...
Read more »

2 Answers | Asked in Civil Litigation and Criminal Law for California on

Q: how long the sheriff can hold my phone and computer as "evidences" when they confiscated without a warrant.

Dale S. Gribow answered on May 9, 2019

more info needed.

if it is evidence it will be a long time before you get it back........if at all.

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1 Answer | Asked in Civil Litigation, Criminal Law, Civil Rights and Constitutional Law for California on

Q: I was recently arrested and my belongings were seized, for Storage of belongings in Public.

They weren't able to book me for a municipal code violation. I was released almost immediately however I had to wait 5 days to get my belongings. My laptop and tablet were safely stored in my backpack which was crushed by a garbage truck. I was told by the officers present that I have a claim. They... Read more »

Dale S. Gribow answered on May 8, 2019

more info needed.

there are statutes for filing claims against a municipality............

it is probably to small to hire a lawyer on an hourly but you can go to small claims court where you can sue for up to $10k if they don't comply with your demands asap.

1 Answer | Asked in Family Law, Civil Litigation, Elder Law and Probate for California on

Q: Is an attorney ethically obligated to report suspected financial abuse of a disabled adult beneficiary by the trustee?

both disabled adult and trustee are sibling beneficiaries of an irrevocable family trust in California.

Sally Bergman answered on May 2, 2019

Attorneys are not mandated reporters of suspected financial elder abuse. As well, our ethics rules do not follow the American Bar Association ethics rules all other states follow that allow for more attorney action. Our rules on this subject can be found here:... Read more »

1 Answer | Asked in Civil Litigation and Social Security for California on

Q: Me my family has been Harass in social media. This person have used our family photos and have created his FB account

and he have commented with bad filthy comments on me and my wife. And he have used my family photos. I have 3 minor children and worried this person will do something bad to me and my family image. I need help or advice to stop this person miss using my family photos in Social Media in unethically... Read more »

Peter N. Munsing answered on May 1, 2019

See if you can get screen shots of each item, then talk to the police about a harassment charge.

1 Answer | Asked in Banking, Business Formation, Business Law and Civil Litigation for California on

Q: If you purchase something from a company and they do not send you your merchandise or refuse to can you prosecute?

What if it’s been done to at least 418 people that have reported it on the BBB? And they are still getting away with it?

Bruce Alexander Minnick answered on Apr 24, 2019

You cannot "prosecute." But you certainly can sue the business that is stealing money from customers.

1 Answer | Asked in Banking, Civil Litigation and Contracts for California on

Q: Shareholder for my corporation withholding clients information. Can he do that?

I own a company that was turned into a corporation. The shareholder owns 80%. This shareholder also owns his own company in the same industry so it betters his chances at booking jobs. He is withholding information on clients and not giving any information to them or my self on where abouts. Some... Read more »

Bruce Alexander Minnick answered on Apr 17, 2019

This free legal advice forum is intended to help consumers better understand common legal terms and to explain general legal principals and procedures to non-lawyers interested in understanding more about the law. This forum is not the place to seek free legal representation in ongoing cases, nor... Read more »

1 Answer | Asked in Car Accidents and Civil Litigation for California on

Q: I am being sued for a vehicle I have never owned. What do I need to do to make this go away?

I received a Summon and responded by filling out form PLD-PI-003 denying all allegations, filed (Los Angeles Country Superior Court House) and registered forms before mailing to Attorney. I received a 2nd Notice (Request for Admission) and responded by denying all allegations. I once again, filling... Read more »

William John Light answered on Apr 15, 2019

Sounds like you need to hire an attorney. You have the opportunity to defend yourself and prove that you have no liability. You are blowing it by not responding to interrogatories in a timely fashion.

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