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California Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for California on
Q: I rent a room right now and I signed a 6 month rental agreement. I have been asked to move out earlier than 6 months

I have been living there for just over two months. I am active duty military and I just got back from a deployment. I was recently informed that they want me to move out so they can turn my room into an office space because they are no longer occupying the office space they are renting in another... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 8, 2020

Very sorry to hear that an active duty US military is being treated this way. Of course you have the absolute right to enforce your rental agreement and tell them you are not moving out until it is up. IMO you don't need to subject yourself to this stress. What I would do is negotiate with... Read more »

2 Answers | Asked in Landlord - Tenant, Civil Litigation and Small Claims for California on
Q: Manager retaliatory issue that includes harassment,bullied, rent overcharges upon a mentally challenged tenant & they

They refuse to work out. Would of settled 2mo. No charge but no more. Ive hadit.$500-700$+ rent overcharges manager refuses to make good, belittles me, harassed, maintenance guy violated privacy, theft never sent letters i wrote to owner & seriously MORE issues!!

Joshua D. Brysk
Joshua D. Brysk answered on Aug 4, 2020

For residential rental issues involving a mentally challenged person: contact Disability Rights Advocates https://dralegal.org/contact-us/ or check with your local bar association for a referral to another non-profit

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1 Answer | Asked in Civil Litigation for California on
Q: If I’m subpoenaed for a deposition as a non-party witness while on disability do they reschedule?

My boyfriend is part of a civil case, I’m scheduled to deliver my baby by csection august 19th. The other parties lawyer is now trying to serve me with deposition papers (assuming anyway, as a process server has been looking for me places I haven’t been) also knowing when my csection date is.... Read more »

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

Will they reschedule? You say the other attorney is being a Jerk (comes with the territory you know) so who can say? SHOULD they reschedule? Yes, they should. Must they reschedule? If you properly ask the Judge, yes. No judge is going to make a woman in labor or one in post partum give a... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: Question about accommodations during depositions. Please see "More Information" section

Situation: Plaintiff with a medically diagnosed disability files a lawsuit. Plaintiff is scheduled to be deposed. Plaintiff requests as an accommodation that a real-time written transcript be provided during deposition to accommodate Plaintiff's medically diagnosed Auditory Processing... Read more »

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

This is a very interesting question because it involves a cross over between Civil Procedure law and ADA reasonable accommodation law. I presume that you are Plaintiff and you are representing yourself, so welcome to the quicksand called Civil Litigation. I think your proposed answer is very... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for California on
Q: I need clarification on victim restitution becoming a civil order.

My daughter pled no contest to battery/property damage 3 years ago and in addition to community service was ordered to pay victim restitution. She was placed on a payment plan and has fulfilled all her probation requirements as well as making each payment on time. We were told after her probation... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 1, 2020

Mr. Gribow and Mr. Karas both provided good answers to this question the first time you posted it, a day ago. You are not clear what the problem is. Since daughter is the defendant, she is not going to file a civil action to enforce, but she could need to defend if the victim does. The... Read more »

1 Answer | Asked in Contracts and Civil Litigation for California on
Q: Does the defendant's lawyer have to produce the evidence of the defendant consent per plaintiff's request in the court?

The lawyer filed for an extension for a defendant's answer in a civil process. Plaintiff requested the lawyer to produce a defendant's consent to act in that civil process. The lawyer failed and refused to produce it. Plaintiff suspects that the lawyer was not hired by defendant, but by... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 1, 2020

When an attorney files a document with the Court in a litigation they become the attorney of record unless they also file simultaneously a notice of limited representation. A plaintiff is not entitled to receive a "Defendant's consent" this is something that insurance companies can... Read more »

1 Answer | Asked in Civil Rights, Criminal Law and Civil Litigation for California on
Q: What does it mean if you receive a letter from an attorney and it states "you may satisfy this civil claim by paying ×?"

Does this mean that if I pay the amount asked then they will dismiss the claim or case? Or will I still have to appear in court for the case?

Maurice Mandel II
Maurice Mandel II answered on Jul 31, 2020

If you pay them they will dismiss the case or tell the Court on the date of trial that it settled. Usually you get a settlement agreement signed by all in advance of sending any money, to protect yourself.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Civil Litigation for California on
Q: is there a timeline to serve a defendant in a small claim trial?

What does CCP 346 a) stand for? Is this a code to establish a period of time within which you have to serve a defendant?

Maurice Mandel II
Maurice Mandel II answered on Jul 31, 2020

Yes, the defendant has to be served at least 15 days before the hearing if the Defendant resides in the same county as the Court and 20 days before the hearing if they do not. CCP 346 (a) does not exist. 346 has to do with An action to redeem a mortgage of real property. It is not the time... Read more »

2 Answers | Asked in Criminal Law and Civil Litigation for California on
Q: Is opening a device of another person a violation of any law even if it’s contains information that is life-threatening?

So I live in my dad’s house and my sister used to a couple of months before. My parents bought her an iPad that she had eventually left at my dad’s house. She still left her iMessage login. A lot of family issues came up with my parents divorce and I uncovered a message on the notifications bar... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 31, 2020

more info needed.

however, i would contact a local lawyer asap so he can hear ALL the facts and possibly advise you to call the police

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1 Answer | Asked in Criminal Law, Banking, Civil Litigation and Identity Theft for California on
Q: How do I subpoena a bank to produce records on fraudulent checks paid? Need to find out what account they were deposited

I freelance as a QB accountant and doing this for one of my clients. Their bank produced years of checks, but can only tell me which financial institution they were presented. I need to find out the name and account number from the respective banks. It is several thousand dollars.

Dale S. Gribow
Dale S. Gribow answered on Jul 30, 2020

more info needed.

have you tried to do this informally?

you would have to file a lawsuit as I see it.

maybe you can file in small claims for up to $10k and subpoena with that lawsuit. If the matter is only a few thousand small claims may be your answer.

lawyers...
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1 Answer | Asked in Education Law, Civil Litigation and Juvenile Law for California on
Q: Would one be able to "punish" a school or staff for compensation for the racial discrimination of students/theft?

In a specific situation, a friend of mine who's finally said something about what they had to endure in their seventh grade year. This was about two years ago. What had happened was that their bag which contained their Hmong cultural clothes and very clearly had her name on it was stolen by... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 27, 2020

First, the person who was wronged needs to post for themselves, otherwise this is just an "I am curious" posting. Claims against public agencies are subject to a requirement for the presentation of an administrative claim usually within 180 days, of injury. Since this happened two years... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: Do I still have to pay a judgement if the account has been sold by the original creditor?

the debt is from 2015, and they sold it 6/2020. And I just got another garnishment taken out.

Maurice Mandel II
Maurice Mandel II answered on Jul 27, 2020

Creditors are allowed by law to sell the debts owed to them by others, banks do it all the time, with respect to mortgages. You still owe the debt, but you may be in a better position to buy it out at a discount.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Civil Litigation for California on
Q: How do I do a breach of fiduciary duty in Oklahoma

I was a beneficiary in a revocable living trust the trustees stole and fails to do anything personal property pictures personal artifacts was stolen asset not reported bank accounts stolen that's it now I need to do a fiduciary duty breach myself

Maurice Mandel II
Maurice Mandel II answered on Jul 24, 2020

Sorry to hear you had problems. This forum is in California, perhaps you should post for Oklahoma? You need to contact an attorney in Oklahoma to assist you, suggest you find a Probate Attorney in Oklahoma. If you want to do it yourself, you will need to learn the rules about Civil Litigation in... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: Are there lawyers that do pro-bono on civil lawsuits

I am looking for help in a civil matter. I was summoned but not home a the time. I would like guidance on this if possible. What steps are needed? What is the worst outcome? Can I go to jail. How can this be resolved?

Maurice Mandel II
Maurice Mandel II answered on Jul 23, 2020

Contact the LA county bar association for a referral to Legal Aid in LA county. You may qualify for pro bono aid based on the type of lawsuit and your financial condition.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Business Law and Civil Litigation for California on
Q: If a corporation doesn't have a power of attorney from the bank that holds the trust, how does this impact the corp?

We have a fideicomiso translativo de Dominio, in Baja California Mexico. Power of attorney from bank expired in 2014 and I want to know how this impacts the corporation's status with the bank and with the shareholders? Does the board have the authority to manage the property? I'm... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 23, 2020

Since this appears to involve both Nevada and Mexican laws, you need to consult with attorneys that practice in those areas. This forum does not have a Mexican Law jurisdiction area to post, try Nevada. Maybe someone can refer you to an attorney that practices in Mexico.

Justia...
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2 Answers | Asked in Civil Litigation for California on
Q: I won a small claims case by default as the defendant didn’t show up. They then filed a motion to vacate on the basis

if she thought it was continued because of what the online portal said. She also says in her motion she was CERTAIN it had been continued. And yet, she didn’t call or actually verify with a court clerk. I thought it was continued too but when I called I got them after hours so I went up anyway... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Jul 23, 2020

Unfortunately for you, very likely.

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1 Answer | Asked in Civil Litigation and Contracts for California on
Q: Can a company in California continue to bill you if they changed ownership and didnt have your consent to do so?

It was a gym membership

Tim Akpinar
Tim Akpinar answered on Jul 23, 2020

A California attorney could advise best, but your question remains open for three weeks. As a GENERAL matter, such situations do arise when a company is sold to another. Their ability to continue billing you might be addressed in the membership agreement. If it is not expressly addressed, it's... Read more »

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: What is the Civil Filing Rejection Letter mean?

Received a letter from court. We already paid deposit in the early of June and did not receive any response from court clerk :no estimation of fee, no any response. When I asked court clerk last week, I was told the fee should be paid by e-filing only. The court issue a CIvil Filing Rjection... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jul 22, 2020

Your situation is being affected by the corona virus interference with the court's operations. Here's what you can do. Go to the Superior Court's website for the county in which your matter is filed. On the main page, there should be announcements about the effect of the covid-19... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights and Health Care Law for California on
Q: Can Walmart deny entry to buy masks if u previously don’t own one? Especially in the times of this pandemic
Louis George Fazzi
Louis George Fazzi answered on Jul 20, 2020

Sounds like a real Catch 22 doesn't it? You go in to buy a mask because you don't have one, but they won't let you in because you don't have a mask on.

It seems to me that before they can refuse entry due to lack of a mask, they must first offer you one to wear while you...
Read more »

1 Answer | Asked in Civil Litigation, Contracts, Legal Malpractice and Real Estate Law for California on
Q: Can a paralegal sign a Proof of Service for someone else that served responses to the opposition and file them in court?

A Paralegal used her husband to serve legal documents to the opposing counsel days before a court appearance. Not an employee of the firm. Responses to motions were served to opposing counsel during after hours. The building was closed and according to the husband on the proof of service, he stated... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 20, 2020

A proof of service is signed under penalty of perjury, it must be signed by the person doing the actual service. Other than that there is no other requirement of status, like being an employee of a firm or paralegal service. If I were hearing this case I would postpone the hearing so the attorney... Read more »

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