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COVID-19 Civil Litigation Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation and Contracts for Alabama on
Q: Hi We cancelled our wedding due to covid. The wedding planner contract says she can keep all money paid to her.

My mother has paid 1500 of a 2000 contract. 500 of that was after we already expressed worries about the date. The wedding planner was contracted for day of services, photography, videography, flowers, photo booth, dj, invites, and some decorations. I never got anything that she was supposedly... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 18, 2020

If the contract is governed under Alabama law, you should look at the contract itself. ALabama is a very conservative state in terms of contract law. The terms of the contract will govern, and courts are very reluctant to decide that this is just unfair to you. You should hire a lawyer in the state... View More

2 Answers | Asked in Contracts and Civil Litigation for Florida on
Q: Can I get a refund on a cancelled vacation rental property?

We live in Illinois. We booked a vacation rental property on Captiva Island for Mar 28-Apr 4, 2020. The rental was facilitated VRBO; actual booking was with Dream Vacation Rentals (DVR). We cancelled due to Covid. The Illinois governor issued a "no leisure travel" order on March 20.... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Nov 16, 2020

This is a great question.

And actually the answer is simple.

Did the seller of the service perform? No.

Did you prevent the seller from performing? No.

Did you pay for a service and not receive it? Yes.

You are entitled to a full refund.

It gets...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: I want to ask a judge to vacate their own judgment given on Sept. 24 2020, what day must motion be submitted by?

This is a case in Oklahoma regarding a quiet title claim. All 3 defendants were at court house and declined entry by security due to no masks (no signage etc existed stating masks required) they at first refused to provide masks then wile waiting for masks to be retrieved from car, security brought... View More

James Tack Jr
James Tack Jr
answered on Oct 24, 2020

Motions to vacate generally must be filed within 30 days after the filing of the judgment, provided the judgment was mailed to the parties within 3 days. After the 30 day time period, requests to vacate must be done by petition. If the 30 day time period falls on a Saturday or Sunday, you have... View More

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Entertainment / Sports for Massachusetts on
Q: Fitness training company charging me for services that were not provided. What are my options?

I signed up for personal fitness training with a company for 6 months from Dec-2019 to May-2020 ($600 for each month & 10 sessions each month). No services were provided between Mar 2020 to May 2020 due to COVID. The company was not reachable on phone during that time for cancellation enquiry.... View More

Christopher Tolley
Christopher Tolley
answered on Oct 9, 2020

Most lawyers' rates would make legal representation impractical. Look carefully at your contract and see what your options are. Contact your credit card company and have them stop the automatic payments. I suggest you consider filing a small claims suit yourself. If nothing else, it will get... View More

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for California on
Q: Health department employee use my medical information and give it to someone else to get tested for covid-19

SFPHD employee lie about me going to a clinic to see her 2 times in August and then keep logging in to delete some information on my chart

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

Identity theft is a crime, so one place to go is to the police, with whatever evidence you can gather about this. You might contact the testing center and request copies from "your" test, since "you" were the patient, you are entitled to them. The next place to go is to the... View More

1 Answer | Asked in Civil Litigation for California on
Q: Hello can i file a motion to amend a third complaint? I mistakenly missed my first opportunity to do so. I'm in Pro Per.

I've made such a Huge mistake because the honorable judge gave me a chance to leave to amend it once 7 months ago.. yet because I didn't believe in myself I did a dumb thing I just assumed I would retain an attorney to do it for me.. Nope.. so the judge gave me 15 days to make a third... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 25, 2020

It is obvious from your post that you need to get an attorney, you even admit you need to. You might get some leeway due to the various orders stopping court proceedings due to pandemic, but something needs to be done pronto. The good news is that if your other claims have... View More

1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Do I have a case if I had to cancel my wedding contract location due to Covid-19 mandates and the owner will not refund

wedding location in safety harbor, florida was booked before covid-19. Contract states no refunds, but due to the pandemic and rules over 10 guest are not allowed in a vacation rental in pinellas county...... I was told I could use the credit within a year of scheduled event that would have taken... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 25, 2020

The answer to this questions depends on what you want to do. On the one hand, if the contract clearly states that there would be no refunds in any circumstance, probably you cannot ask for a refund. However, if there is a force majeure clause or a similar clause making exception you could be able... View More

2 Answers | Asked in Civil Litigation and Civil Rights for California on
Q: Can I file a lawsuit

I, an adult female, was asked to leave the dressing room because another female felt uncomfortable with me there along with a child. I believe after the employee realized I was a female and the child (11) is a male then went on to say it was because of the child being in there with females. I... View More

Yelena Gurevich
Yelena Gurevich
answered on Sep 22, 2020

Did you file a report with a supervisor or manager? Do you have the contact information of the customer that requested you be removed? These type of cases are difficult to prove discrimination without much more information. The employee could have any number of reasons to ask you to leave,... View More

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2 Answers | Asked in Civil Litigation, Contracts and Mergers & Acquisitions for California on
Q: Is a Contract automatically canceled that do not have a force majeure clause language in the contract?

I have a wedding scheduled for the end of this year in Los Angeles county CA. However California restrictions do not allow any indoor events. My contract do not have any Force majeure language. If the venue cannot host my event do to the COVID-19 pandemic Restrictions or if it is unreasonable To... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 10, 2020

I know weddings can be very expensive, however, it may be difficult to find an attorney by posting a question on this site, Our TOS do not allow us to write a response that solicits you to call us. You have to find an attorney and call them. Next, there is no "automatic cancellation."... View More

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1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Missouri on
Q: My lease on apartment was up last month, today received a letter stating I needed to be out of apartment by September 1s

September 1st for the reason of paying rent late and my rent Payment was always coming from somewhere different each month. I am a single mom of 2 and just went through a divorce, tore my meniscus on my knee requiring surgery and 3 months later had to have a hysterectomy due to a prolapsed uterus.... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Aug 18, 2020

At the end of a lease for a term the lease converts to month-to-month. In that type of lease, the landlord can give notice to vacate if the rent is not paid. The tenant must be given the option to pay the past due rent and all other sums owed under the lease. If the tenant does this within the time... View More

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... View 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... View More

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.... View 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... View More

1 Answer | Asked in Civil Litigation for New York on
Q: i signed a contract to purchase a house before covid19. Now seller refused to close. can i sue for specific performance?

i had signed the contract before covid 19. i got loan commitment. Now sellers are keeping making excuse not to close as unable to find apartment. Can i sue them for specific performance? court are not working properly. Does it take a long time before you see a judge. How does it work?

Michael David Siegel
Michael David Siegel
answered on Aug 4, 2020

Do you have a lawyer? Prior to suing you need to send a "time is of the essence letter" to the seller. Then you can file a complaint. You see a judge quickly as you file an order to show cause and the courts are hearing motions online.

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: What type of attorney would I retain for a small claims issue?

My ex boyfriend refused/refuses to return my fathers ashes. I live in Florida and he lives in Texas, and with the covid travel restrictions I cannot travel there to file a claim against him myself, but I’ve read an attorney can do so for me. He’s said the ashes were disposed of but I can’t... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 21, 2020

Whatever type of attorney is needed, he/she must be a member of the Texas Bar in order to represent you in Texas court. Unless your ex took the ashes from Fla. to Texas, he would have to be sued in Texas. Also, if Texas Court's operate the same as Florida's, you don't have to... View More

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...
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3 Answers | Asked in Contracts, Business Law and Civil Litigation for Florida on
Q: My attorneys are in possession of responsive documents to defendant RFPs and have not provided my production.

I am the plaintiff in a fraud case against a bank and other defendants. Defendants have justifiably submitted RFPs. Case began in 2017. My computers, phone and ipad were imaged to retain document integrity. My first law firm procrastinated providing any of my documents, emails, contracts and other... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Jul 20, 2020

If your documents are on a hard drive it is likely there are alot of documents. Your attorney has to review and possibly redact information from your documents which would take considerable time. I do not know if your attorney has filed an objection to any of the documents requested since there... View More

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1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Landlord - Tenant for Virginia on
Q: How does one "erase" the filing of a UD petition that is later non-suited without judgment?

This will be an issue for many "first time civil defendants" who are filed upon by landlords for UD during the COVID period. There is legislation that enables relief in 2022, but that will be too late for many.

F. Paul Maloof
F. Paul Maloof
answered on Jul 18, 2020

The general procedure to accomplish your goal is to file a Motion to Vacate the Judgment, however, a non-suit means that the plaintiff withdrew the case and claims so there is no judgment to vacate. The original case's information cannot be "erased" as you described it. These are... View More

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Small Claims for North Carolina on
Q: If someone cancels a live event bc of COVID and makes it a virtual event, do you have the right to your deposit back?

They marketed it as a completely new event, changed the price, and refuse to offer deposits back. They have offered other options such as transferring it to next year, pay for the new event, or lose your deposit. It seems pretty reasonable that you should get your money back if they cancel an... View More

Jonathan Shbeeb
Jonathan Shbeeb
answered on Jul 15, 2020

This new world comes with new problems. Without knowing about the event, the terms and conditions related to the deposit, or any agreements you have with the event, it is very tough to give you an answer. An example may help. If you bought an airline ticket and your flight was canceled due to... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: Should I be worried about my case taking so long
Michael W. Horst
Michael W. Horst
answered on Jul 14, 2020

Without knowing the specifics of your case, the likely answer is probably not. Cases take time. The average case which does not go to litigation takes 9-12 months to resolve. For cases which go to litigation, it is not uncommon for the case to take more than two years to resolve. Of course, the... View More

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for North Carolina on
Q: Do I owe my employer money she paid me during the pandemic ? Am I still even in a no competition contract ?

I signed a 5 year no competition contract with the promotion of a assistant manager Jan 1st 2018 . I moved to California for almost a year, then moved back to North Carolina . She hired me back I never signed anything when I moved back . Also now that she has let me go she is say I owe her the... View More

Kirk Angel
Kirk Angel
answered on Jul 1, 2020

If you were an employee, and the money she gave you was for work you performed, it is not likely that you owe the money to her. If you were an employee, and it was not for work you performed, she might have a claim. If you were an independent contractor, the answer to the question would depend.... View More

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