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California Civil Litigation Questions & Answers
1 Answer | Asked in Car Accidents, Civil Litigation, Personal Injury and Sexual Harassment for California on
Q: how to write appellants opening brief/ eng. barrrier personal injury./breach of contract 80 % senior citizen disable

first atty delay more than two years never contract clients /call jury trial court hearing coming don;t want continue rep. clients/ will referral new subs attorney / after subs attorney also delay never return call push to meidiation forcebily accept than subs cash money slipt 40 % with first... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 23, 2021

more info and clearer info is needed.

it sounds like you are trying to do a legal malpractice case against your lawyer/s???

i don't handle that type of case.

you should consider contacting legal aid in the town in which you live.

1 Answer | Asked in Civil Rights and Civil Litigation for California on
Q: What is the statute of limitations on Civil Harassment? I am dismissing my case w/out prejudice. How long can I refile?
Louis George Fazzi
Louis George Fazzi answered on Jul 23, 2021

The statute of limitations is ordinarily 2 years from the date the harassment ended (if it was ongoing), or 2 years from the date it occurred.

1 Answer | Asked in Civil Litigation, Criminal Law and Elder Law for California on
Q: Elder abuse case (dependent) resulting in financial exploitation. Do a criminal law attorneys rep on contingency basis?

Fraud and financial exploitation are at issue. Civil Trial completed. Appeals completed. Mistrial.

Dale S. Gribow
Dale S. Gribow answered on Jul 15, 2021

more info would be necessary.

however, as a rule, a criminal lawyer does NOT handle matters on a contingency.

this is because you are talking about civil liberty (jail) rather than a PI lawyer going after money.

you should probably write out a detailed summary so you...
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1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: How do I know a summons is legit and not a scare tactic from the other party’s attorney?
Jason M. Horst
Jason M. Horst answered on Jul 15, 2021

See if there is a file stamp in the box at the top right. If so, the complaint and summons have been filed and it’s a real lawsuit. Doesn’t necessarily mean the other side wants to take the case all the way to trial, but it certainly suggests that they are serious about pursuing the litigation.

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Litigation for California on
Q: hello, how would i go about proving a gaurdianship of minor case granted illegally?

I was granted sole legal custody and sole physical custody of my minor child in 2012. my grandmother was babysitting for me for thee days and without my knowledge or consent took my child out of school , disconnected her phone number , and relocated to a different part of town. In 2016 my... Read more »

John Karas
John Karas answered on Jul 10, 2021

I suggest you consult with and hire a Family Law attorney in your area. While I empathize with your situation, a criminal defense attorney can't help with this matter.

Good luck.

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1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for California on
Q: My father n law gifted me a car now has taken it away from me I have no bill of sale

I do have 2 witnesses and now no car

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 30, 2021

A gift is a gift. Without title it may be hard to prove and obviously suing within family is rarely a good thing. Good luck with it...

1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for California on
Q: Can a dealership sell me a car with no title and had me pay to have smog passed fraudulently?

I bought a used car from a dealership 6 months ago. I received the temporary registration application from dealer and registration application says I need to get the car smogged. I go to a local smog check and the car fails due to the Cadillac converter being tampered with(serial #’s were... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jun 25, 2021

no, a dealer cannot sell you a vehicle without having title or having it smogged. You need to speak with an auto fraud attorney that will review all your paperwork and facts in detail and go over your options.

1 Answer | Asked in Civil Litigation, Internet Law, Libel & Slander and Small Claims for California on
Q: How can you add up pain and suffering and what proof do you need to show the court?

I am being sued for $10,000. For lost wages plus pain and suffering. The plaintiff has no proof of numbers. How does one show proof?

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

Pain and suffering, like all elements of a claim, is shown via evidence, which comes in the form of testimony and documentation. Further, there is no calculable way to quantify pain and suffering--each case is different.

Q: What does section one of the california constitution do? And does it have any legal binding

SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

(Sec. 1 added Nov. 5, 1974, by... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 15, 2021

The California constitution is binding on all people in the state, and provides the rights which are explained in this section. Anyone who interferes with your rights as set forth in this section may be held liable for damages which they cause you to suffer as a result of interfering with your use... Read more »

1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Probate for California on
Q: Have I been disinherited for not having a conditioned set in Trust at the time it was created or can fulfill now?

My Grandparents made their Living Trust in 1993 while my Mom and I were living in Iran. In their Trust they Place a condition that my Mom has to leave Iran and become a permanent US residence before getting equal share, further it instructs no distribution to be made to children of my Mom who are... Read more »

Julie King
Julie King answered on Jun 15, 2021

Unfortunately, the only way to answer your question is to read the trust. Taking a few lines out of a lengthy document is not enough information for lawyers to give their thoughts and impressions because certain terms will be defined in your document and using a different definition will change the... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Medical Malpractice for California on
Q: (COVID-19) Emergency Rule 9 California - "Tolling" Statute of limitation.

Dental malpractice was committed on 02 JUL, 2020 and the limitation will be expired on 02 JUL, 2021. When will it be expired using Emergency Rule 9 California?

Dale S. Gribow
Dale S. Gribow answered on Jun 5, 2021

INSTEAD OF POSTING HERE, YOU SHOULD SET UP A CONSULT WITH A LOCAL DENTAL MALPRACTICE ATTY.

YOU MAY HAVE ALREADY FOUND THAT IT IS VERY DIFFICULT TO FIND A LAWYER WHO WILL ACCEPT ONE...........THERE ARE A FEW LAWYERS, WHO ARE ALSO DENTISTS, BUT IT IS THE HARDEST OF ALL AREAS OF MALPRACTICE IN...
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1 Answer | Asked in Civil Litigation for California on
Q: i signed a contract to provide services to a shipping company in Washington,DC. My rate of pay base salary was $1600 and

I was to be paid base salry and $50 for each pkg I mailed out. I filled out a w4 and was never paid. Now they won't take calls or emails. what can I do?

Alexander C. Safarian
Alexander C. Safarian answered on May 24, 2021

You should contact an attorney that practices employment law and consult with them regarding your rights against this employer.

3 Answers | Asked in Bankruptcy, Contracts, Civil Litigation and Collections for California on
Q: Can I sue for monetary compensation?

I cosigned a car loan for a friend. He defaulted the car loan and the bank handed the loan to a collection agency. I had to declare bankruptcy which destroyed my once stellar credit score. As a result I'm strained financially and am still recovering my credit score. I am unable to get any... Read more »

Tristan Brown
Tristan Brown answered on May 22, 2021

In general, a co-signor agrees to share liability for a debt with the co-debtor. A default by a co-debtor is often considered a default by the co-signor as well.

Did your friend use your information to apply for the loan without your consent? Did you willingly co-sign for your friend?...
Read more »

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2 Answers | Asked in Civil Litigation, Consumer Law, Products Liability and Small Claims for California on
Q: How to take legal action against a company that is falsely advertising products and will not refund customers?

Long story short, I purchased a product that was not as advertised and does not hold up to the claims that the company makes on their website and they refuse to give me a refund. They have been investigated by the BBB because of how many claims other customers made against this company for doing... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 21, 2021

There is nowhere near enough info here to help. For instance if it was a garlic press from a local store, tough deal.

But, if it is a car from Ford, whole other analysis. There is a fairly new law in CA that a company cannot (for lack of a better term) 'bully' a consumer into...
Read more »

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2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: Do I need a deposition official?

I have a copy of form interrogatories, my question is, do I need a deposition official as referred to in ca. ccp when I have other questions not included on the form interrogatories?

William John Light
William John Light answered on May 16, 2021

No.

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2 Answers | Asked in Gov & Administrative Law, Criminal Law, Personal Injury and Civil Litigation for California on
Q: I am looking to sue the State of California. How do I go about proceeding?
William John Light
William John Light answered on May 10, 2021

Talk to a lawyer. There is a 6 months Claims filing requirement. If you are past that, your claims are likely time barred unless you are pursuing federal claims or are a minor.

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1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for California on
Q: How can I find out why a non-profit organization I recently worked for and was unjustly fired from is about to close?

I was fired after more than 15 years by a new director of the program I worked at for the last 7 of those years, bc I challenged her abusive authority. I originally wanted to sue for unlawful termination however I did not want my ex-co-workers affected. Now most I knew have left or been fired so...

Neil Pedersen
Neil Pedersen answered on May 5, 2021

There is no easy way to find out why a non-profit closes its doors. Look for news articles on the internet, or if you know any of the major donors, perhaps they have been provided with information.

As to your desire to sue for wrongful termination, I doubt you have a meritorious claim....
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1 Answer | Asked in Civil Litigation and Construction Law for California on
Q: hello.on 11/20/2020 my husband contracted with a company to install chair lift in our home. at the time measurements

were taken and a 2k deposit given. the owner told my husband that the parts would not be at their warehouse until end of jan or first couple weeks in feb. my husband subsequently became deceased on 12/10 .i phoned and advised the owner of my husband's death and that i wished to cancel his... Read more »

James A. Greer
James A. Greer answered on Apr 25, 2021

Chairlift Cancellation: We always first start with analyzing the contract language, and so in this instance would be interested in examining any sort of "cancellation" provisions. If none, then we would need to look to case law, and the focus is on "impossibility to perform"... Read more »

3 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: what is crediable vs. non crediable as the plantif?
Dale S. Gribow
Dale S. Gribow answered on Apr 24, 2021

IT COMES DOWN TO HOW SALEABLE, TO THE JURY, THE WIT WILL BE............SOME PEOPLE COME ACROSS AS MORE BELIEVABLE OR NOT BELIEVABLE.....IT IS NOT JUST WHAT THEY SAY BUT OFTEN THEIR EDUCATION, HOW THEY LOOK AND DRESS, THEIR PAST CRIMINAL RECORD.

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights, Federal Crimes and Civil Litigation for California on
Q: Can I pursue federal court case against many neighbors engaged in harassment/threats of violence to family and I ?

Things started with neighbor whom moved out with harassment towards my family and I. A friend living across street from him then continued to do the same to us depriving us of peace in our own home. This is 24/7 and has been ongoing for over a year at least. Things have escalated, they’ve... Read more »

John Karas
John Karas answered on Apr 22, 2021

In order to file a lawsuit in Federal District Court, there has to be "diversity of citizenship" (meaning you live in 1 state while the defendants live in another). The amount of damages also has to be in excess of $75,000.

From what you've described, you have several...
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