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California Civil Litigation Questions & Answers
3 Answers | Asked in Civil Litigation and Employment Law for California on
Q: How to proceed after a summons voicemail without docs?

How should I proceed after receiving a voicemail about a summons under case number 2025275717, considering I haven't received any official documentation? Additionally, I am retired and experiencing financial hardship, and need to find a lawyer who can provide services assuming I can’t pay for it.

Neil Pedersen
Neil Pedersen
answered on Apr 11, 2025

First, a voicemail has no legal effect. You have no legal duty to do anything unless you are properly served with the proper paperwork.

Second, assuming the proper terminology is used, a Summons is usually a document used to start a lawsuit and is accompanied by the Complaint that tells...
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2 Answers | Asked in Gov & Administrative Law and Civil Litigation for California on
Q: Can complainant be charged for county staff fees after junkyard compliance?

I received an order to comply regarding junkyard conditions and cleaned up as required. Despite complying with the order, the county charged me staff fees for time spent on the case. In previous instances last year, when similar complaints were made, we cleaned up, and no fees or fines were... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Apr 11, 2025

You are getting billed for staff fees because you are a repeat offender. The claimant/reporter is not at fault, because the county found their complaint was justified, and issued an order to you to comply. The inspections are not harassment so long as actual violations are found and for a... View More

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Q: Deadline for pro se litigant to file motion to vacate judgment under CCP 663a(b).

I'm a pro se litigant involved in a civil case in California. Initially filed as a medical malpractice case, it turned out to be a fraud case. There's a record indicating scienter regarding a nonexistent terminal disease, which enabled hospice fraud. I am not the prevailing party and am... View More

Mario Tafur
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Mario Tafur
answered on Apr 10, 2025

Your reading of CCP Section 663a(b) is partially correct, but allow me to clarify the precise deadlines to ensure compliance. Under California law, a motion to vacate a judgment pursuant to CCP Section 663 must be preceded by a notice of intention to move to vacate, which must be filed within the... View More

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2 Answers | Asked in Animal / Dog Law, Civil Litigation and Criminal Law for California on
Q: How to recover my stolen French Bulldog sold without my consent?

I filed a police report after my French Bulldog, which I purchased for $5,000, got out of my yard and was taken by a lady. She claimed she would reunite lost dogs with their owners but instead sold my dog to another person for a fee. I have a text where she admits having my dog. The new owner... View More

Mario Tafur
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Mario Tafur
answered on Apr 9, 2025

Dear Victorville Resident,

The individual who took your dog and sold it may be liable under Penal Code Section 496, which addresses receiving or selling stolen property. The text message where she admits to having your dog is a key piece of evidence, supporting a claim that she knowingly...
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2 Answers | Asked in Consumer Law, Insurance Defense and Civil Litigation for California on
Q: Dispute over tow yard compensation for totaled truck in California.

After several months of back and forth, the insurance company informed me that the tow yard would handle the issue of compensation for my totaled truck. The tow yard and I cannot agree on a fair compensation amount. The Kelley Blue Book value of my truck was $5,000, but the tow yard claims they... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 10, 2025

Hard to say. Could be a huge amount if the insurance company and/or the tow yard failed to follow the law. The auction thing is laughable since in most cases the tow yard runds the auction themselves and sprinkle their own people into the bidding.

OR

Could be a nothing burger as...
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2 Answers | Asked in Legal Malpractice and Civil Litigation for California on
Q: How can I sue my attorney for malpractice and conspiracy in CA?

I want to file a malpractice lawsuit against my previous attorney, whom I haven't officially released from liability. He has a significant position on the State board referral service, which has made finding representation difficult. Despite contacting over 50 attorneys, I'm continually... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 7, 2025

Thank you for your posting. I am sorry for what you have had to go through.

There are many reasons why attorneys will not take on cases. While it is true that if the legal malpractice attorney has a relationship with the attorney they will not take on a case, but legal malpractice...
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3 Answers | Asked in Criminal Law and Civil Litigation for California on
Q: Impact of age misrepresentation on court documents in assault case in California

I'm currently involved in a court case as a victim of physical assault. I submitted a police report and medical document where I misrepresented my age. My passport, which shows my correct age, contradicts the information provided in those documents. I want to know if this misrepresentation... View More

Mario Tafur
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Mario Tafur
answered on Apr 7, 2025

Greetings,

I am here to provide you with some insight regarding your question about the impact of age misrepresentation on court documents in your assault case in California. As a victim of physical assault, it is understandable that you are concerned about how discrepancies in your...
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2 Answers | Asked in Domestic Violence and Civil Litigation for California on
Q: How to request lifting a CPO in California DA case?

I am the victim in a DA case, and a Civil Protection Order (CPO) was issued by a judge in court under a penal code three weeks ago. I don't want this CPO as I'd like to be able to see and talk to my fiancé. We have an upcoming court date on May 27. The incident involved my fiancé being... View More

Mario Tafur
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Mario Tafur
answered on Apr 7, 2025

Dear Fullerton Resident,

I am more than happy to provide guidance on your question regarding how to request the lifting or modification of a Criminal Protective Order (CPO) issued in your domestic violence case in California. As the protected party in this matter, I understand your desire...
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2 Answers | Asked in Estate Planning, Civil Litigation and Legal Malpractice for California on
Q: How can I prevent a trust officer from fraudulently changing distributions in California?

I am a beneficiary of a revocable trust in California, and the original attorney handling it has passed away, with the trust documents now being managed by a bank. I am concerned about the potential for the trust officer at the bank to alter the distribution amounts fraudulently, such as reducing... View More

Klaus Gottlieb
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answered on Apr 4, 2025

This seems to be a clarification of an earlier question. Your concern is understandable, especially without direct access to the trust document. Here’s what generally prevents a trust officer from fraudulently changing distribution amounts in a California revocable trust:

Legal and...
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2 Answers | Asked in Real Estate Law, Civil Litigation and Contracts for California on
Q: How can I recover a property gifted to me that was mishandled by a custodian?

I am 47 years old and recently discovered that an apartment building was gifted to me without my knowledge. The custodian responsible for this property failed to deliver it to me when I turned 21. This custodian has since passed away and left the property to her children. I found tax documents... View More

Anthony M. Avery
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answered on Apr 3, 2025

26 years later is not the time to sue for land. Hire a CA attorney to search the title, including tax payments. If a trust was involved, you might have some causes of actions under trust statutes. Tolling the SOL may not work. Ultimately you want a suit for Ejectment and Quiet Title against... View More

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2 Answers | Asked in Construction Law, Civil Litigation, Business Law and Real Estate Law for California on
Q: Am I entitled to a larger percentage in a class action settlement as the second homeowner?

I am involved in a class action lawsuit against the builder as the second owner of my house. The lawyer mentioned that the distribution of any settlement would be 80% to the first owner and 20% to me as the second owner. Am I entitled to a larger percentage, and what factors might influence this... View More

George W. Wolff
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George W. Wolff
answered on Mar 28, 2025

Yes, possibly.

If the same lawyer is representing both the new and old owner he may have a conflict of interest and should not be deciding how much you should get!!

If that is the case, you should immediately seek independent legal advice from a separate construction attorney !!!!!!!

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2 Answers | Asked in Civil Litigation and Personal Injury for California on
Q: Seeking compensation for health issues from Norplant and missed lawsuit

I experienced severe issues with the Norplant birth control, including body rejection that required its removal within a year. My doctor warned me that I may never have children, and at 45, I do not have any. I was unaware of additional side effects like depression. I recently learned of a class... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Mar 27, 2025

Whether you may now sue for personal injury caused by the Norplant device depends on when you discovered the damage it caused you. If it was more than 2 years ago, then the statute of limitations bars your claim for any recovery. But if the damage was either caused less than 2 years ago, or through... View More

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2 Answers | Asked in Civil Rights, Civil Litigation, Personal Injury and Legal Malpractice for California on
Q: Am I owed compensation for wrongful detention after charges were dismissed?

I was arrested because my DNA was found on an object related to three residential burglaries. I fought the charges from jail for six months until they were dismissed because my public records showed I was incarcerated when the crimes occurred. The detective should have checked this before arresting... View More

Louis George Fazzi
Louis George Fazzi
answered on Mar 26, 2025

You very well could be. In order to determine whether you are, you need to contact the best civil rights lawyer you can find. Make sure you have a complete chronology of all of the events of your situation, naming all witnesses and describing all documents you have. Describe all the damages you... View More

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Q: Are patents created in marriage community property if not disclosed in divorce?

During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More

Emmanuel Coffy
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answered on Mar 26, 2025

Patents created during the marriage—whether individually or as part of a shared business—are typically considered community property and subject to division upon divorce, even if not disclosed initially. Because these patents and associated revenues were undisclosed during your 2017 divorce... View More

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Q: Are patents created in marriage community property if not disclosed in divorce?

During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 26, 2025

You could file a request for adjudication of omitted assets. These types of motions are filed when an asset (or debt) was not disclosed during the divorce proceedings and is not divided or mentioned in your final divorce decree.

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3 Answers | Asked in Workers' Compensation, Civil Litigation and Personal Injury for California on
Q: Explanation needed for initialing page 7 of a C&R in a workers' comp case with concurrent wrongful termination suit.

I'm involved in a workers' compensation case that includes a Compromise and Release (C&R) agreement. On page 7 of the agreement, I'm asked to initial what applies in the settlement. I also have an ongoing civil lawsuit against my employer for wrongful termination, and I'm... View More

Ryan D. Kayrell
Ryan D. Kayrell
answered on Mar 25, 2025

Each item listed on page 7, is an issue that you are agreeing to settle. So for example, if permanent disability is at issue in your case, and both parties initial that line, then the issue of permanent disability is settled upon approval of the compromise and release. The best practice would be... View More

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3 Answers | Asked in Workers' Compensation, Civil Litigation and Personal Injury for California on
Q: Explanation needed for initialing page 7 of a C&R in a workers' comp case with concurrent wrongful termination suit.

I'm involved in a workers' compensation case that includes a Compromise and Release (C&R) agreement. On page 7 of the agreement, I'm asked to initial what applies in the settlement. I also have an ongoing civil lawsuit against my employer for wrongful termination, and I'm... View More

Dennis Dascanio
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answered on Mar 25, 2025

Dear concerned,

You are correct to be concerned that you do not prejudice any other claim you have against your employer. Initializing the boxes on page 7 of the compromise and release does not limit your ability to pursue a civil claim, however it can affect other discriminatory claims...
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3 Answers | Asked in Probate, Civil Litigation and Estate Planning for California on
Q: Sister executor stole inheritance, no probate done. What can I do?

My sister, who was the executor of my father's estate, has failed to register his will and did not go through probate. She has taken over a million dollars' worth of assets from my inheritance, including antiques from 8 storage units, properties, money, and the contents of a safety... View More

Christopher R. Milton
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answered on Mar 25, 2025

You indicated that probate has not been opened yet. You should immediately retain an attorney and open probate and seek to have yourself appointed as the administrator of the estate (alleging no will). This will enable you to gain immediate control over the estate. Once you obtain the... View More

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3 Answers | Asked in Probate, Civil Litigation and Estate Planning for California on
Q: Sister executor stole inheritance, no probate done. What can I do?

My sister, who was the executor of my father's estate, has failed to register his will and did not go through probate. She has taken over a million dollars' worth of assets from my inheritance, including antiques from 8 storage units, properties, money, and the contents of a safety... View More

Keith J. Moten
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answered on Mar 25, 2025

This is a tough one, but you have a couple of options. You can file a Petition for Probate and allege that your father died intestate (with no will), since you haven't seen the original will. If there is no original will, then the Court will presume that the will has been lost.... View More

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2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: Responsibilities after bicycle hit-and-run for 911 dispatcher and hospital?

A passerby called 911 after I had a hit-and-run accident while on my bicycle, which resulted in major injuries that required hospitalization in the ICU for 8 days. The 911 dispatcher sent EMT and fire department personnel but did not notify the police. I contacted the police 8 days later after... View More

William John Light
William John Light
answered on Mar 24, 2025

You have no case against the dispatcher. The dispatcher also caused you no damage. If you, or anyone in your household, carries automobile insurance which includes uninsured motorist coverage, you can make a claim against that insurance policy. Talk to a personal injury attorney to discuss your... View More

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